Midrar Ali: Bid fails to delay baby's treatment hearing

Midrar Ali suffered brain damage during his birth

A judge has turned down a request to adjourn a High Court trial to decide whether to continue life support treatment for a brain-damaged baby.

Doctors at St Mary's Hospital in Manchester say four-month-old Midrar Ali is brain dead and want to withdraw his treatment.

But his parents want medical staff to carry on treating their son who they say is growing and deserves more time.

Mrs Justice Lieven is due to deliver her judgement at a date to be decided.

Complications during birth led to Midrar being starved of oxygen and suffering brain damage.

Manchester University NHS Foundation Trust which runs St Mary's Hospital said ending his life support treatment would be in Midrar's best interests.

Its barrister Neil Davy told the hearing at the Family Division of the High Court in Preston that keeping him connected to a ventilator was not dignified and there should be no further delay to proceedings as Midrar's organs were beginning to deteriorate.

'Emerging consciousness'

Midrar's father Karwan Ali, 35, and mother, Shokhan Ali, 28, from Manchester, were seeking a delay to the hearing with their lawyers arguing his heart was "still beating strong".

Bruno Quintavalle, representing them, told the hearing Midrar was circumcised last week and "perspired profusely... and more importantly he opened his eyes.

"The first time Mr Ali had ever seen that and he kept them open for all day after."

Mr Quintavalle said it could be the start of "emerging consciousness", adding there need not be a "rush to judgment" as Midrar was not in pain while on the ventilator.

Midrar Ali's parents wanted to delay the trial which will decide on whether Midrar's treatment will continue

Mr Davy told the hearing that medics present at the circumcision accepted there was some sweating but said its evidence would be it was a "sympathetic response" and his eyes opening could be attributed to nerve reaction.

Judge Lieven refused the parents' application for an adjournment.

"I don't think it can be right when you have a tiny baby in this situation that it is not urgent," she said.

"The sad truth is that the parents wish for ventilation to be continued under any circumstances. That position is perfectly understandable."

The court has begun to hear medical evidence which will continue on Tuesday.