Parents of critically ill baby lose legal life-support treatment fight

The parents of a seriously ill baby have lost a High Court battle to keep their child on life-support treatment.

Seven-month-old Indi Gregory, who is being treated in Queen’s Medical Centre in Nottingham, has a mitochondrial disease – a genetic condition which saps energy from the body’s cells.

Judge Justice Peel, sitting at the Royal Courts of Justice in London, heard evidence of her condition and from specialists who stated she was dying,

The hospital’s governing trust requested a ruling allowing doctors to lawfully limit treatment.

Indi’s parents, Dean Gregory and Claire Staniforth, from Derbyshire, wanted life-support treatment to continue.

Mr Justice Peel ruled medics could lawfully withdraw invasive treatment, which he said would come “as a heavy blow” to the parents.

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In a written ruling, he said: “With a heavy heart I have come to the conclusion that the burdens of invasive treatment outweigh the benefits.

“In short, the significant pain experienced by this lovely little girl is not justified when set against an incurable set of conditions, a very short life span, no prospect of recovery and, at best, minimal engagement with the world around her.”

He added: “In my judgment, having weighed up all the competing considerations, her best interests are served by permitting the trust to withdraw invasive treatment.”

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‘Nothing further can be done’

Barrister Emma Sutton KC, on behalf of the trust, told the judge Indi was critically ill and had an exceptionally rare and devastating neurometabolic disorder.

She said the treatment Indi received caused pain and was futile.

“Indi is dying,” Ms Sutton told the judge.

“We cannot get away from that fact as sensitive as it may be. All realistic options have been exhausted.”

She said nurses were “watching Indi suffer” and added: “This has been looked at nationally, it has been looked at internationally.

“Sadly, the conclusions are that nothing further can be done.”

Indi’s father had told Mr Justice Peel his daughter had “proved everyone wrong” and needed “more time”.

“You have only got one life,” he had said. “You have to go through a little bit of pain to carry on with that life.”

A ‘death sentence’

Speaking after the verdict, Mr Gregory said: “We are devastated by the judge’s ruling and will be appealing.”

He added: “The doctors painted a terribly bleak and negative picture of Indi’s condition during court proceedings.

“It feels like the trust has been given the permission they were after to legally proceed with a death sentence for Indi. Is this in the best interests of Indi or the trust?”

Mr Gregory added: “That picture was so misleading that, after hearing their evidence in court, the media reported that Indi had to be resuscitated nine times in one day. This is completely untrue.

“It is criminal that parents who are trying to do everything for their child in such difficult circumstances are taken to court and have to contend with the weight of the whole system coming against them.”

Describing his little girl, Mr Gregory said: “Indi can definitely experience happiness. She cries like a normal baby. We know she is disabled but you don’t just let disabled people die. We just want to give her a chance.

“I and we as a family are prepared to do whatever it takes to fight for the life of our beautiful daughter, Indi.”

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