Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Father gives up fight to keep baby alive

Child's ventilator will be turned off after court battle with mother is resolved

Law Editor,Robert Verkaik
Tuesday 10 November 2009 19:00 EST
Comments

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A seriously ill baby, whose parents disagreed about his medical care, will have his ventilator switched off after the father withdrew his objection to allow doctors to end his son's life.

The father told a judge that he had given his consent after he was sure that every possible medical avenue to help his son had been fully explored. The one-year-old, known as Baby RB for legal reasons, was born with a rare genetic muscle condition that makes independent breathing impossible.

Hospital paediatricians, supported by the boy's mother, had argued that RB's illness meant he could expect a "miserable, sad and pitiful existence" – even if tracheotomy surgery to relieve his breathing difficulties allowed him to leave the hospital. The father had disagreed, favouring an attempt to bring the boy home.

Yesterday Mr Justice McFarlane said that both parents, who were in tears as the judge read out his ruling, now shared the same opinion on the treatment of their child. In his ruling the judge said the choices facing the future care of RB were "stark". He said: "One [option] is for his time on the Paediatric Intensive Care Unit to end in a planned way, with the administration of a large dose of sedative, the removal of the ventilation tube and his consequent death. The other is to contemplate his discharge from hospital on home ventilation after a tracheotomy."

The judge welcomed the final decision, describing it as a "sad, but in my view inevitable outcome". He said: "From the moment of the baby's birth it was apparent he was profoundly unwell." Mr Justice McFarlane said it would now be lawful to withdraw life support from the child. He paid tribute to the parents, who had since separated, but who he said had acted in an exemplary manner.

Explaining the difficulties such decisions posed to the court, the judge added: "It is, I suspect, impossible for those of us to whom such an event has not happened to do more than guess at the impact of it upon these two young parents. In one moment all of the hopes and dreams that they will have had for their expected baby will have been dashed and replaced with a life characterised by worry, stress, exhaustion, confusion and no doubt great sadness."

A statement issued by lawyers representing RB's parents and the hospital trust said: "Although RB's parents separated, they have always been united in wanting the best possible care for their son so that he may have the very best possible quality of life. RB's parents would now wish to spend what little time remains with their beloved son."

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in