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Family vows to appeal in Archie life-support treatment fight

Mrs Justice Arbuthnot ruled that the 12-year-old, who suffered brain damage in April, was dead and said doctors could lawfully stop treating him.

Brian Farmer
Monday 13 June 2022 08:00 EDT
Archie Battersbeeā€™s mother, Hollie Dance, speaking outside the Royal London Hospital in Whitechapel, east London, after the High Court judgement on the future of the 12-year-old boy at the centre of a life-support treatment dispute after suffering brain damage. Archie suffered brain damage in an incident at home in early April. Issue date: Monday June 13, 2022.
Archie Battersbeeā€™s mother, Hollie Dance, speaking outside the Royal London Hospital in Whitechapel, east London, after the High Court judgement on the future of the 12-year-old boy at the centre of a life-support treatment dispute after suffering brain damage. Archie suffered brain damage in an incident at home in early April. Issue date: Monday June 13, 2022. (PA Wire)

The ā€œdevastatedā€ mother of a 12-year-old boy who was at the centre of a life-support treatment fight says relatives aim to appeal after a High Court judge ruled that the youngster was dead.

Doctors treating Archie Battersbee at the Royal London Hospital in Whitechapel, east London, thought that the youngster was ā€œbrain-stem deadā€.

They said life-support treatment should end and Archie should be disconnected from a ventilator.

Archieā€™s parents, Hollie Dance and Paul Battersbee, from Southend, Essex, say the youngsterā€™s heart is still beating and want treatment to continue.

Mrs Justice Arbuthnot on Monday ruled that Archie, who suffered brain damage in an incident at home in April, was dead and said doctors could lawfully stop treating him.

ā€œI am devastated and extremely disappointed by the judgeā€™s ruling after weeks of fighting a legal battle when I wanted to be at my little boyā€™s bedside,ā€ said Ms Dance, in a statement, after the ruling.

ā€œThis case raises the significant moral, legal and medical questions as to when a person is dead.

ā€œWhat does this ruling today tell us about where our society is at?

ā€œWe intend to appeal and will not give up on Archie.ā€

Ms Dance added: ā€œBasing this judgment on an MRI test and that he is ā€˜likelyā€™ to be dead, is not good enough.

ā€œThis is believed to be the first time that someone has been declared ā€˜likelyā€™ to be dead based on an MRI test.

ā€œThe medical expert opinion presented in court was clear in that the whole concept of ā€˜brain deathā€™ is now discredited, and in any event, Archie cannot be reliably diagnosed as brain-dead.ā€

Lawyers representing the Royal London Hospitalā€™s governing trust, Barts Health NHS Trust, had asked Mrs Justice Arbuthnot to decide what moves are in Archieā€™s best interests.

Mrs Justice Arbuthnot delivered a ruling on Monday.

She had recently finished overseeing a hearing in the Family Division of the High Court in London.

The judge heard that Archie suffered brain damage in an incident at home in early April.

Ms Dance told how she found him unconscious with a ligature over his head on April 7 and thinks he might have been taking part in an online challenge.

The youngster has not regained consciousness.

Lawyers representing Archieā€™s family had told the judge that his heart was still beating.

His mother also said he had gripped her hand.

A campaign organisation called the Christian Legal Centre is supporting Archieā€™s family.

Mrs Justice Arbuthnot concluded that Archie had died ā€œat noon on 31st May 2022ā€, shortly after the most recent MRI scans had been taken.

ā€œI find that irreversible cessation of brain stem function has been conclusively established,ā€ she said in a written ruling.

ā€œI give permission to the medical professionals at the Royal London Hospital to cease to ventilate mechanically Archie Battersbee; to extubate Archie Battersbee; to cease the administration of medication to Archie Battersbee and Ā not to attempt any cardio or pulmonary resuscitation on Archie Battersbee when cardiac output ceases or respiratory effort ceases.ā€

She added: ā€œThe steps I have set out above are lawful.ā€

The judge went on: ā€œIf Archie remains on mechanical ventilation, the likely outcome for him is sudden death and the prospects of recovery are nil.

ā€œHe has no pleasure in life and his brain damage is irrecoverable.

ā€œHis position is not going to improve.

ā€œThe downside of such a hurried death is the inability of his loving and beloved family to say goodbye.ā€

The judge said that, had she not concluded Archie is dead, she would have ruled that it was not in his best interests to continue to receive life-support treatment.

Andrea Williams, chief executive of the Christian Legal Centre, said: ā€œThis ruling sets a troubling and dark precedent.

ā€œThis case has raised significant moral, legal and medical questions as to when a person is dead.ā€

She added: ā€œWe will continue to stand with the family and continue to pray for a miracle.ā€

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