British Courts Again Rule against Parents in Medical Futility Dispute

In the latest of a long line of cases, this week, the UK High Court has sided with clinicians over parents in a medical futility dispute. 

Nine-month-old 'S' was born in June 2020, but suffered catastrophic anoxic brain injuries during birth. He has been in the NICU ever since. In October 2020, clinicians determined that it was in S's best interest to receive comfort measures only. But the case is just now being adjudicated.

Clinicians testified that S is "unable to react in any way to anyone or anything." And there is no prospect for improvement. Therefore, clinicians determined that life-sustaining measures were offering no benefit. At the same time, S's tube replacements, suctioning, and other interventions did appear to cause some suffering. Therefore, clinicians assessed that the burdens of treatment outweighed the benefits. 

The parents hoped that S would defy expectations and show improvement. But the court determined this was not realistic. Accordingly, the court granted hospital trust's declaration that (1) it is not in S's best interests to continue to receive life sustaining treatment including ventilation and (2) it is in his best interests and lawful for such treatment to be withdrawn.

Mrs Justice Judd