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Judge rules baby must be kept alive

The parents of a terminally-ill little boy at the heart of a unique court case have expressed their delight after a judge decided their son should be kept alive.

Mr Justice Holman refused to grant a hospital trust a declaration that it would be lawful to withdraw life-sustaining ventilation from the 18-month-old.

The child, who can only be referred to as MB for legal reasons, suffers from the severest form of spinal muscular atrophy - an incurable and progressively worsening condition leading to complete paralysis.

As his parents listened intently in the packed London courtroom, the judge announced: "I am not persuaded, even taking into account predicted future deterioration, that it is currently in the best interests of M to discontinue ventilation with the inevitable result that he will immediately die."

Although MB had a "helpless and sad" life, he considered that his life still had "precious and real" benefits and should be enabled to continue. During recent proceedings he heard a "formidable" body of medical evidence that MB's life was now "intolerable" and that he should be allowed to die a dignified, pain-free death surrounded by his loved ones.

But his 29-year-old father and 22-year-old mother, from the north of England, fought for ventilation to be continued, arguing that his quality of life was worth living for - describing how he enjoys the company of his family, music and stories, cartoons and watching films such as Shrek and Toy Story.

In a statement released after the ruling, the family's solicitor Chris Gawne said MB's relatives were "delighted" with the decision.

Mr Gawne said: "The family and I are delighted that the judgment by Mr Justice Holman has given Baby MB the right to continue his life. The judgment given shows recognition that Baby MB does have quality of life and that his life is worth living. His parents feel vindicated by the judgment, which they feel proves what they have felt to be true all along."

"The parents will consider the judgment carefully on these issues but they say that in the event of a serious deterioration, if the doctors are going to make a decision to withhold those specific treatments, they should ensure that a full assessment of MB's quality of life takes place at that time."

The judge said he considered that it was currently "positively" in MB's best interests to continue with continuous pressure ventilation. He said: "So far as I am aware, no court has yet been asked to approve that, against the will of the child's parents, life support may be withdrawn or discontinued, with the predictable, inevitable and immediate death of a conscious child with sensory awareness and assumed normal cognition and no reliable evidence of any significant brain damage."

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