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Brain-damaged baby’s parents begin appeal court fight

A High Court judge has concluded that four-month-old Midrar Ali is ‘brain stem dead’.

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The child’s parents, Karwan Ali, left, and Shokhan Namiq, say treatment should continue (Pete Byrne/PA)

The child’s parents, Karwan Ali, left, and Shokhan Namiq, say treatment should continue (Pete Byrne/PA)

The child’s parents, Karwan Ali, left, and Shokhan Namiq, say treatment should continue (Pete Byrne/PA)

A couple who want doctors to keep treating their brain-damaged baby son have begun a Court of Appeal fight.

Three appeal judges are analysing evidence relating to four-month-old Midrar Ali at a hearing in London.

A High Court judge has concluded that Midrar is “brain stem dead”.

Midrar Ali
Judges are considering the case of four-month-old Midrar Ali (Karwan Ali/PA)

Mrs Justice Lieven, who analysed evidence at a trial in the Family Division of the High Court in Manchester, recently ruled that life-support treatment could lawfully end.

Midrar’s parents, Karwan Ali and Shokhan Namiq, who live in Manchester, say treatment should continue and want appeal judges to overturn Mrs Justice Lieven’s ruling.

They say Midrar is still growing and that doctors cannot be sure his condition will not change.

Three appeal judges, Sir Andrew McFarlane, Lord Justice Patten and Lady Justice King, are weighing arguments from lawyers representing Midrar’s parents and doctors.

Midrar's mother Shokhan Namiq
Midrar’s mother Shokhan Namiq (Pete Byrne/PA)

Mrs Justice Lieven heard that Midrar had been starved of oxygen due to complications at birth and had been placed on a ventilator.

Bosses at St Mary’s Hospital in Manchester asked the judge to rule that ventilation could lawfully be withdrawn so Midrar could be allowed a “kind and dignified death”.

Lawyers representing the hospital’s governing trust, the Manchester University NHS Foundation Trust, said three tests had confirmed brain stem death.

Mrs Justice Lieven said she had “no doubt” that Midrar was brain stem dead.

She said the medical evidence was clear and consistent.

PA