Alfie Evans family consider appeal against High Court

The family of a severely brain damaged toddler has said it will not ‘give up the fight’ as wellwishers raised £65,000 towards the legal battle to keep him alive.

Alfie Evans is currently being kept alive by a ventilator that could be switched off on Friday after the High Court ruled yesterday that life support should be withdrawn.

His parents Thomas Evans and Kate James now have three days to decide whether or not to appeal the ‘death sentence’ judgment as the deadline looms closer.

Any legal fight could be funded by the £65,000 that has been raised by wellwishers on a JustGiving site set up to help the family with mounting court costs.

Should the family apply for permission to appeal, Alfie’s life support could continue until the judge’s decision is properly reviewed by the Court of Appeal.

 

Alfie Evans (pictured in hospital) is currently being kept alive by a ventilator that could be switched off on Friday after the High Court ruling yesterday 

Kate James, with Alfie

Tom Evans

Miss James (left, with Alfie) and Mr Evans (right, seen earlier this month) are currently deciding whether or not to launch an appeal against the later judgment

In an emotional Facebook post, Alfie’s aunt Sarah Evans said the 21-month-old toddler had ‘defied all odds and will continue to do so’.

The news we received was the worst they could possibly say,’ she wrote. ‘We are numb and words are struggling to form together.

‘Our silence does not mean we have given up the fight whilst Alfie, Kate and Tom are fighting so are we his family, friends, admins and army.

‘Thomas and Kate need time with Alfie and tomorrow is a new day. Alfie has defied all odds and will continue to do so. 

‘Alfie James Evans we love and adore you, the strongest little warrior, a miracle boy and our soldier.

‘You continue the fight with the love strength and determination your parents bless you with.’

Any legal fight could be funded by the £65,000 that has been raised by wellwishers on a JustGiving site set up to help the family with mounting court costs.

Any legal fight could be funded by the £65,000 that has been raised by wellwishers on a JustGiving site set up to help the family with mounting court costs.

The judge has visited 21-month-old Alfie (pictured) in hospital and praised the boy's parents

The judge has visited 21-month-old Alfie (pictured) in hospital and praised the boy’s parents

Alfie Evans's parents Tom and Kate arrive at the High Court in London yesterday. They now have three days to decide whether or not to appeal the 'death sentence' judgment

Alfie Evans’s parents Tom and Kate arrive at the High Court in London yesterday. They now have three days to decide whether or not to appeal the ‘death sentence’ judgment

Supporters chant at Liverpool Civil and Family Court support the parents earlier this month

Supporters chant at Liverpool Civil and Family Court support the parents earlier this month

Alfie has a ‘relentless and progressive’ neurological condition which has destroyed part of his brain and he is unable to breathe or swallow on his own.

Alder Hey Children’s Hospital in Liverpool is set to withdraw ventilation on Friday following Mr Justice Anthony Hayden’s decision.

But Mr Evans, 21, and Ms James, 20, believe there is a chance their son will survive if he is taken abroad for treatment.

The father, who wept as the ruling was given in court, said the fight was not over and indicated that he would appeal against the decision.

He said after the hearing: ‘My son has been sentenced to the death penalty with two days to go. This isn’t over. This is just the start. I’m not giving up, my son isn’t giving up.

Timeline of seriously ill Alfie Evans whose parents are battling the NHS to keep him alive

May 2016: Alfie Evans is born apparently perfectly healthy, but misses numerous developmental milestones in his first seven months

December 2016: Alfie catches a chest infection causing seizures, and is taken to Alder Hey Children’s Hospital in Liverpool where he is put on life support. He has been there ever since

July 2017: Father Tom Evans says he is seeking US treatment for his son and hopes Charlie Gard’s supporters will help after he claimed doctors want to turn off Alfie’s life support. 

December 17: Alfie’s parents say they will begin mediation with the hospital in a bid to find a way forward without legal action

December 19: Mr Evans claims the toddler is letting them know he wants to live

February 1: The case goes to the High Court in Liverpool, where the hospital reveal the parents smuggled a German doctor into hospital in a bid to stop the life support from being switched off

February 2: Consultant tells High Court that the child is unresponsive, not conscious of his surroundings and cannot be cured

February 5: Parents are told by doctors there is ‘no hope for recovery’ for their boy who has suffered ‘catastrophic degradation’ to his brain from a ‘relentless’ condition

February 7: Miss James tells a newspaper that she feels ‘physical’ pain at the thought of her son’s death

‘No-one, I repeat, no-one in this country is taking my boy away from me. They are not violating his rights and they are violating my rights.’

Alfie’s parents, from Liverpool, had hoped to fly their son to Vatican-linked Bambino Gesu Paediatric Hospital in Rome for treatment.

If that proved unsuccessful they hoped he could be taken for treatment in Hamburg before eventually being permitted to die at home.

Mr Evans said in an emotional statement outside court: ‘My son is two years of age and has been sentenced to the death penalty. How wrong is that?

‘He’s doing brilliant, he’s doing the best he can and they want him dead on Friday. Why do they want him dead so quick?’

Alfie’s neurological condition is so rare that doctors have never seen it before. One even suggested it may eventually be named ‘Alfie’s Disease’.

The judge, Mr Justice Hayden, who visited Alfie and his family in hospital, said he accepted medical evidence which showed further treatment was futile, adding that he had reached his conclusion with great sadness.

He said Alfie was born in May 2016 as a ‘happy and smiling baby who seemed to be perfectly well’, but it soon became clear he was not developing as expected.

He was eventually admitted to hospital and has since undergone three MRI scans, in November 2016, February and August last year, which revealed a ‘catastrophic degradation’ of his brain.

The court heard that experts across the UK and Europe had assessed Alfie, but all were in agreement that treatment is ‘completely futile’.

Alfie often suffers seizures and it is not possible to tell whether he was in any pain, the judge noted. ‘Nothing in the brain is functioning normally,’ he said.

Mr Justice Hayden added that even if Alfie was able to to breathe unaided he would continue to deteriorate with a very short life expectancy.

The judge praised Mr Evans, who left school at 16 to serve an apprenticeship as a plasterer, for his commitment to his son.

‘His knowledge of the paperwork and the medical records was prodigious,’ he said. ‘Alfie could have had no more articulate voice on his behalf than his father’s in this court room.’

Tragic case of Charlie Gard which saw the 11-month-old boy die after a lengthy court battle over treatment

The high-profile and tragic case of Charlie Gard saw the 11-month-old boy die after a lengthy court battle over his treatment for a rare inherited disease.

His parents Connie Yates and Chris Gard wanted to take him to the US for an experimental treatment and raised £1.3million in public donations to pay for it.

But a High Court judge ruled the treatment was not in his best interests after doctors from Great Ormond Street Hospital warned there was no evidence it would succeed, and that Charlie had suffered severe brain damage.

Charlie Gard died after a court battle over his treatment for a rare inherited disease

Charlie Gard died after a court battle over his treatment for a rare inherited disease

His parents Connie Yates and Chris Gard wanted to take Charlie to the US for treatment

His parents Connie Yates and Chris Gard wanted to take Charlie to the US for treatment

His genetic condition – infantile onset encephalomyopathy mitochondrial DNA depletion syndrome – sapped energy from his muscles and left him unable to move or breathe unaided.

But Charlie’s parents, from Bedfont in South West London, insisted he continued to respond to them.

During their court battle, Mr Gard poignantly brought one of his son’s cuddly toys to each hearing. Charlie died last July, shortly before his first birthday.

Miss Yates and Mr Gard later set up a foundation to use the donated money to help other youngsters with mitochondrial diseases or rare childhood illnesses.



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