Parents of brain-damaged baby boy arrive at High Court to begin battle to keep him on life-support after medics told judge he was already dead
- Mirdrar Ali, three months, was starved of oxygen due to complications at birth
- His family, of Manchester, stay he is ‘still growing’ and should get more time
- Doctors at St Mary’s Hospital say he is already dead but family are still fighting
The parents of a brain-damaged baby boy were at the High Court today in a final bid to keep their son alive after doctors told a judge he is already dead.
Midrar Ali, three months, is on life-support at St Mary’s Hospital in Manchester with his parents Karwan, 35, and Shokhan, 31, desperate to give him the chance to live.
The Manchester couple have held a constant vigil at his bedside since he was starved of oxygen as a result of birthing complications.
Doctors contend Midrar is effectively dead, proven by two ‘Dead by Neurological Criteria’ (DNC) tests conducted last year.
But his parents claim their son’s heart is still beating three months on from the test.
They also said that during a recently performed circumcision his face went red and his eyes opened, meaning his father was able to see his son’s pupils for the first time.
The family appeared at the High Court in Preston this morning with a frame of their beloved son, a T-shirt with his face on it and his painted handprints.
The case was due to be resolved at the Preston’s family court today before Mrs Justice Lieven.
But Bruno Quintavalle QC, representing the family, argued for an adjournment so more evidence and expert witnesses could be summoned.
Karwan, 35, and Shokhan Ali, 31, are pictured arriving at Preston’s family court on Monday with Mrs Ali clutching a framed impression of their baby son Midrar’s hand and foot prints
Manchester University NHS Foundation Trust argued no best interest declaration is needed because Midrar is already effectively brain stem dead.
Mr Quintavalle said to allow the case to go ahead without a best interest declaration would be ‘momentous for future patients.’
He also said the full range of documents had not been made available from one of the DNC tests and indicated there was a possibility a sedative had been applied prior to one which could have impacted the results.
He added that during the circumcision Midrar was ‘put under anaesthetic’ but despite this ‘responded in way the parent had never seen before’ including opening his eyes and going red in the face.
He also said a more experienced lawyer would be needed to handle the case so the family could have ‘equality of arms.’ Bur representing the hospital trust, Neil Davy QC opposed the motion.
He said there was documentation from the DNC tests and in organ donation cases that it was not unheard of for a heart to continue beating.
He said the reaction during the circumcision could be explained by nerves and not ‘a signal from the brain.’ A decision on whether or not the case will proceed today willing be made this afternoon.
Midrar Ali, three months, is on life-support at St Mary’s Hospital in Manchester
In reaching a verdict, Mrs Justice Lieven refused the motion to adjourn the case.
She contended the case ‘raised no novel point in the law’, said the family had no right to call their own expert witnesses and said she had all the evidence before her which was needed to decide the case.
She added keeping Midrar alive may mean his organs would start to deteriorate and this posed a risk of necrosis, meaning it would be ‘undignified and unkind’ not to resolve the case as soon as possible.
Mrs Justice Lieven added: ‘The wish of the parents is for ventilation to continue, that position is perfectly understandable but I have to consider whether further material will help me to determine the case. As the evidence now stands, I do not consider that it would.’
She told Mr Quantavelle if he wished to challenge this outcome he would have to go to the court of appeal tomorrow morning. He requested a brief break to consider his position. The case continues.
The couple were pictured outside the family court with a framed picture of baby Midrar