Parents of brain-damaged baby appeal to High Court to save his life

2022-10-03

Parents of brain-damaged five-month-old boy launch appeal to keep his life support on after judge ruled treatment was ‘futile’

Parents of brain-damaged baby will appeal decision to switch off life-support
High Court judge determined five-month-old boy has no prospect of recovering
He has spent more than three months on a ventilator and was deemed ‘dead’
His parents want more time for him to ‘make progress’ or for ‘Allah to intervene’

The parents of a brain-damaged baby who tried breathing after doctors ruled he had died have made a last ditch appeal after losing the latest stage in their legal fight to keep him on life-support.

A High Court judge ruled on Wednesday the five-month-old boy, known only as A, has no prospect of recovering and it was in his best interests to remove him from his ventilator and place him in palliative care.

The baby was found unresponsive in June at two months old, judges had earlier heard, with the boy being declared dead shortly thereafter when doctors determined he had no brain-stem activity.

Mr Justice Poole described current life-support treatment as ‘futile’ but the boy’s parents, who are Muslims of Bangladeshi origin, had begged the judge to give him more time to ‘make progress’, or for ‘Allah to intervene’.

Litigants must show that they have an arguable case before appeal judges hear appeals.

Solicitor Amy Rowe, who represents the couple and works for law firm Dawson Cornwell, confirmed on Monday that the couple had lodged an ‘application for leave to appeal’.

She said the couple were waiting to see if an appeal judge would give them the go-ahead to mount an appeal.

Specialists treating the boy, who is on a ventilator, say he has suffered a ‘catastrophic’ brain injury, has no prospect of recovering, and should be removed from the ventilator and given only palliative care

The couple had lost an earlier High Court fight in June – when a separate judge, Justice Hayden, reached the same conclusion. The family successfully petitioned for an appeal on that occasion on the basis they did not have legal representation.

Earlier this year, Justice Hayden ruled that tragic schoolboy Archie Battersbee could be removed from life support after he was placed in a medically induced coma when he was found with ligature around his neck in his room.

Specialists treating the baby, who is on a ventilator, say he has suffered a ‘catastrophic’ brain injury, has no prospect of recovering, and should be removed from the ventilator and given only palliative care.

Doctors concluded that his brain had been starved of oxygen for more than 30 minutes and he had suffered ‘devastating’ brain damage.

The boy’s parents, who are Muslims of Bangladeshi origin, had urged the judge to give him more time to ‘make progress’, or for ‘Allah to intervene’.

Mr Justice Poole was told that the boy’s parents had been interviewed by police after evidence suggested he had suffered what appeared to be ‘non-accidental injuries’.

No charges had been brought, but the couple remained under investigation.

Lawyers representing bosses at Guy’s and St Thomas’ NHS Foundation Trust, who are responsible for the boy’s care, had asked for decisions about what moves were in his best interests.

The boy remained on a ventilator in June because his parents were unhappy with the diagnosis and litigation had begun. A nurse subsequently noticed him trying to breathe.

Another High Court judge, Mr Justice Hayden, had earlier decided that treatment should end.

The parents had represented themselves at a trial overseen by Mr Justice Hayden. Appeal judges concluded that Mr Justice Hayden should have adjourned the trial to give them time to find lawyers.

Barristers Victoria Butler-Cole KC and Arianna Kelly, and Dawson Cornwell, represented the couple free of charge at the trial overseen by Mr Justice Poole.

Source: Read Full Article