The family of a 12-year-old child, who doctors believe is “brain stem dead”, have said footage of him apparently gripping his mother’s fingers is a sign he is alive.
Archie Battersbee is at the centre of a High Court dispute where a judge is set to decide if he has died and if not, then whether his life-support treatment should continue.
Doctors treating the child at the Royal London Hospital in Whitechapel, east London, say the treatment should end and the youngster should be disconnected from a ventilator.
But his parents, Hollie Dance and Paul Battersbee, from Southend, Essex, say the youngster’s heart is still beating and want the treatment to go on.
Lawyers representing the hospital’s governing trust, Barts Health NHS Trust, have asked Mrs Justice Arbuthnot to decide what moves are in Archie’s best interests.
Ms Dance has shown Sky News the videos of her son apparently gripping her finger.
The trust says it has repeatedly recreated the hold but that clinicians felt “friction” – not a grip, which it says is consistent with muscle stiffness.
In submissions, the trust’s counsel said: “No one is refuting what the family is saying. What the trust is saying is that we hear what the family is saying, we just give them different interpretations.”
Image: Archie, 12, is at the centre of a High Court life-support treatment dispute
Archie was found by his mother with a ligature around his neck on 7 April at his home and medics think he is “brain stem dead”.
The stem lies at the base of the brain above the spinal cord. It is responsible for regulating most of the body’s automatic functions essential for life.
Doctors treating Archie say his stem is 50% damaged and that 10-20% of it is in necrosis – where cells have died and/or are decaying.
Ms Fiona Patterson, acting for the trust, said “on balance of probabilities Archie has died as a result of irreversible cessation of brain stem function”.
“If he has died, the trust seeks further order from the court to stop life-support to preserve his dignity.”
Image: His parents, Hollie Dance (pictured) and Paul Battersbee, say the youngster’s heart is still beating and want the treatment to go on
Doctors were unable to conduct a brain stem test, the criteria required to declare a patient brain stem dead, because Archie is suspected of having a spinal injury that could lead to false negative results.
But the trust argues that the brain stem is dead because scans show blood is not flowing to the area.
They also cite the nature of his injury, the fact Archie needed cardiac support from the ambulance crew and doctors receiving him at Southend Hospital and because he has shown no signs of breathing independently or recovery, as reasons to end treatment.
Lawyers for Archie’s parents argue that until the entire brain stem is dead, the child is still alive and could make a recovery.
In submissions heard at the High Court on Wednesday, Bruno Quintavalle, acting on behalf of Ms Dance and Mr Battersbee, said the circumstance of this case have never come before an English court.
“That the court should declare, in the absence of any certainty, that death has occurred”, he said, “is an extremely serious issue”.
Image: Archie’s brother Tom Summers kisses him on the head in hospital
“If he is declared dead but actually isn’t dead, the consequences couldn’t be more grave,” Mr Quintavalle warned. “If someone is alive when organs are harvested (for donation), then that act of removing a beating heart will kill them.”
Mr Quintavalle argued that for the court to give a declaration of death, in the absence of a brain stem test confirming such and where there isn’t a legal definition of ‘death’ to rely on, would be a “trespass on Parliament’s authority”.
He urged the court to adopt the criminal standard of liability: beyond reasonable doubt.
Image: Archie pictured prior to the incident in April
The counsel for the court-appointed guardian, who did not present any evidence during the hearings, said she has relied on witness statements from those treating Archie that he is “overwhelmingly likely”, “likely”, or “highly likely” to be dead.
Where there is a dispute involving a child, the court appoints a guardian who acts separate to the parents.
Ms Dance told Sky News her son has not been given enough time to recover from a serious brain injury. “I don’t understand the rush,” she said. “I know they haven’t got a lot of beds in hospital, but I don’t understand the rush.”
“I know he’s in there and I know all that child needs is time. My gut instinct is spot on. My child is in there. He needs time to heal.”
In March 2021, 18-year-old Lewis Roberts, who had been declared brain stem dead after being hit by a van, began breathing on his own just before his organs were about to be donated.
