Parents of baby who tried to breathe after being declared dead lose court battle

The parents of a brain-damaged baby who tried to breathe after being diagnosed as dead by doctors have lost the latest stage of a life-support treatment fight.

A High Court judge ruled doctors could lawfully stop providing treatment after reconsidering evidence at a private hearing in the Family Division of the High Court, in London.

Hospital bosses had asked Mr Justice Poole to decide what moves were in the best interests of the five-month-old boy, who cannot be identified in media reports.

Specialists treating the five-month-old boy said he had suffered a “catastrophic” brain injury, had “no prospect” of recovering and should be removed from a ventilator and given only palliative care.

But the boy’s parents, who are Muslims and of Bangladeshi origin, urged a judge to give him more time to “make progress” or for “Allah to intervene” after the boy started trying to breathe.

Mr Justice Poole visited the boy in hospital this week while overseeing a fresh trial.

Lawyers representing bosses at Guy’s and St Thomas’ NHS Foundation Trust, who are responsible for the child’s care, asked the judge to decide what moves were in the boy’s best interests.

Victoria Butler-Cole KC, who is leading the couple’s legal team, told the judge on Tuesday: “If he remains severely disabled … that continues to be a life that has value.”

The boy’s parents wept as they gave evidence on Monday, with his father saying: “Give him more time to recover. Why the hurry? Nobody knows what happens tomorrow.”

Mr Justice Poole has heard that the parents were interviewed by police after evidence suggested he had suffered what “appeared” to be “non-accidental injuries” during the summer.

No charges have been brought – but the couple remain under investigation.

The boy’s parents recently lost a High Court fight when another judge, Mr Justice Hayden, decided treatment should end.

But Court of Appeal judges ordered a fresh trial after upholding an appeal by the boy’s parents and concluding they had not had a fair hearing.

Mr Justice Poole has reconsidered evidence at a new trial.

Judges have heard the baby was declared dead in June, after doctors diagnosed him as being brain-stem dead.

He remained on a ventilator because his parents were unhappy with the diagnosis and litigation had begun.

Lawyers representing the trust initially asked a judge to make a declaration of death.

The boy started trying to breathe in early July, after a preliminary High Court hearing.

Specialists then rescinded “the clinical ascertainment of death” and trust lawyers asked Mr Justice Hayden to instead decide what moves were in the boy’s best interests

Judges have heard that a series of brain stem tests had shown “no activity”.

The baby had “gasped” and further tests showed there was brain stem activity in one respect.

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