Parents go to court to continue care for "brain stem dead"

[sputnik]

The UN Committee on the Rights of Persons with Disabilities is not made up of doctors with the necessary expertise to assess the case, and I don't see how this in breach of the Convention on the rights of people with disabilities by the UK government.

[albatross]

Aug 2, 2022 15:44:53 GMT sputnik said:

The UN Committee on the Rights of Persons with Disabilities is not made up of doctors with the necessary expertise to assess the case, and I don't see how this in breach of the Convention on the rights of people with disabilities by the UK government.

Well, I would expect that brain death does leave one pretty severely disabled.

I'll go find my seat in hell now.

[Sarzy]

Archie Battersbee's parents have lost an appeal with the Supreme Court - on the day his life-support was due to be withdrawn.

On Monday, Court of Appeal judges ruled that the 12-year-old's life-sustaining treatment should not continue beyond 12:00 BST on Tuesday.

His parents had lodged an application to appeal the decision with the Supreme Court.

www.bbc.co.uk/news/uk-england-essex-62389726

[no1novice]

Every time they have gone to court they have lost.
The judges have only allowed this to go on to be 110% certain that he is dead but given that he is already decaying, it's a given.

I cannot imagine what sort of hell the family is going through but he's gone & they need to let him have some dignity.

Speaking after the decision, Ms Dance said she will "fight to the end" adding that the family's lawyers were exploring another possible legal action.

Doctors treating him have said they believe it is "highly likely" he is brain-stem dead and argued it is in his best interest for life-support to end.

A previous High Court ruling heard Archie's "every bodily function is now maintained by artificial means".

Archie Battersbee: Who decides when life support ends?
How did Archie Battersbee's case end up in court?

The family had asked judges to assess whether more time should be given for the United Nations Committee on the Rights of Persons with Disabilities (UN CRPD) to look at the case.

But the Supreme Court said it was "not persuaded that there is an arguable case that the Court of Appeal has so erred and accordingly refuses permission to appeal to this Court".

It also said the Court of Appeal "made the correct decision".

The ruling said it was "not clear that Archie has any more extensive rights in international law" nor was the decision to end treatment a "breach of international law".

"The panel reaches this conclusion with a heavy heart," the ruling said.
Hollie dance with her son ArchieImage source, Hollie Dance

Ms Dance, said: "We are extremely disappointed by the Supreme Court's decision and the intervention by the government.

"No authorities, other than the UN CRPD, have shown any compassion or understanding to us as a family. The government intervention at the last moment feels like a betrayal."

According to the family's legal team, the Secretary of State for Health and Social Care, Steve Barclay, had intervened and government lawyers told the court any UN measures were "not binding".

The Supreme Court said it had considered submissions from the health secretary in reaching its decision.

Archie's care was due to end at the Royal London Hospital in Whitechapel, at 14:00 on Monday, but the government asked judges to consider a request from a UN committee to continue treatment.

President of the Family Division Sir Andrew McFarlane, Lady Justice King and Lord Justice Moylan had ordered a short delay in withdrawing life-sustaining treatments until Tuesday for Archie's parents to consider any other applications they wish to make.

At that hearing, Sir Andrew said: "In short, his system, his organs and, ultimately, his heart are in the process of closing down."

The Christian Legal Centre, which has been supporting the legal action by Archie Battersbee's parents, has called for changes to the law following Archie's case.

Andrea Williams, chief executive of the Christian Legal Centre, said: "What Archie's case has shown is that systematic reform is needed to protect the vulnerable and their families in end-of-life matters.

"Legislation must be passed reforming the system. Archie's case stands in the gap. The precedent his case sets can go an incredibly long way to fixing a system which has no room for error."

Barts NHS Health Trust has been approached for its response to the Supreme Court's decision.

The law is fine but she will not take advice from experts if they tell her something that she does not want to hear.

[kittylady]

Aug 2, 2022 17:02:39 GMT no1novice said:

The Christian Legal Centre, which has been supporting the legal action by Archie Battersbee's parents, has called for changes to the law following Archie's case.

Andrea Williams, chief executive of the Christian Legal Centre, said: "What Archie's case has shown is that systematic reform is needed to protect the vulnerable and their families in end-of-life matters.

"Legislation must be passed reforming the system. Archie's case stands in the gap. The precedent his case sets can go an incredibly long way to fixing a system which has no room for error."

These CC/CLC people need to piss off. The Courts are there to take the decisions that are in the best interest of the patient.  These decision makers have to be detached and they have to be clinical because emotions are, by their very nature, not always rational. If we always left these terrible, heart-breaking decisions to people in a state of denial (and propped up by lunatics with their own agendas) we would have ward after ward of once-human meatbags wasting away without even the dignity of a clean death.

[no1novice]

Which brings us to the phrase "You wouldn't do that to a dog/cat/insert pet animal here".

[no1novice]

Timeline

7 April: Archie injured during an incident at home and taken to Southend Hospital
8 April: Archie is transferred to The Royal London Hospital in Whitechapel where he remains in a coma
26 April: The NHS trust that runs the Royal London starts High Court proceedings asking for Archie to undergo brain stem testing
13 May: Mrs Justice Arbuthnot rules brain stem test should be carried out
16 May: Two specialists try to administer brain stem function tests, but they are unable to as Archie did not respond to a peripheral nerve stimulation test, a precursor to the the brain stem test
25 May: A hearing is held to decide if further MRI scans should be conducted. Archie's parents did not consent on the basis that moving Archie could harm him
27 May: The court approves further MRI scans which are carried out on 31 May
6-8 June: A final hearing is held to hear evidence on whether Archie's life-support treatment should continue
13 June: The High Court judge rules that Archie is "dead" based on MRI scan results and that treatment could be withdrawn
20 June: Family ask Court of Appeal to reconsider the case
29 June: Court of Appeal rules a new hearing to determine Archie's best interests should take place
11 July: New hearing with evidence given in the High Court before Mr Justice Hayden
15 July: Mr Justice Hayden rules life-support treatment should end saying continuing is "futile"
25 July: Three Court of Appeal Judges support latest High Court ruling that treatment can end
28 July: Supreme Court rules out intervening in case and supports Court of Appeal ruling
29 July: Family make application to United Nations
30 July: A United Nations Committee writes to the government asking for a delay in withdrawing treatment while they consider the case
31 July: The government asks for an urgent hearing to review the case
1 August: Court of Appeal refuses appeal to postpone withdrawal of treatment until the UN can hear the case
2 August: Supreme Court refuse the family's application for permission to appeal the Court of Appeal ruling

What do the doctors say?
Alistair Chesser, chief medical officer at Barts Health NHS TrustImage source, PA Media
Image caption,
Alistair Chesser, chief medical officer at Barts Health NHS Trust, said the hospital's "thoughts and sympathies" were with the family

Doctors treating Archie told the High Court that it was "highly likely" he was "brain stem dead" following scan results and asked the court to consider ordering that his life support should be stopped.

During one hearing, specialists said tests had shown no "discernible" brain activity and that parts of his brain were showing "significant areas of tissue necrosis".

A previous High Court ruling heard that Archie's "every bodily function is now maintained by artificial means".

At a Court of Appeal hearing on 1 August Sir Andrew McFarlane, President of the High Court Family Division summarised Archie's condition based on the medical evidence.

He said: "In short his system, his organs and, ultimately, his heart are in the process of closing down."

It was lawyers representing the trust who originally asked the High Court to decide what next step was in Archie's best interests.

Following the latest appeal loss by the family, Alistair Chesser, chief medical officer at Barts Health NHS Trust, said: "Our deepest sympathies remain with Archie's family.

"As directed by the courts, we will now work with the family to prepare for the withdrawal of treatment.

"We aim to provide the best possible support to everyone at this difficult time."

But the mother prefers to Google than listen to trained staff.

[no1novice]

The more this woman talk, the less sympathetic I feel.

How are they going to move him? It's not like they can unplug him & pop him in the back of a van.
He will need specialist transport, qualified staff, mobile life support ...

And this after this woman has denigrated the medical profession that has been caring for her son since April

The ECHR said it "would not interfere" with the UK courts' rulings.

The family had applied to the the ECHR after an appeal against the decision to end treatment was refused by the Supreme Court on Tuesday.

Archie's mother, Hollie Dance, said the court's decision to refuse their application was "another heart-breaking development".

The family have now said they want to file an application to the High Court to transfer Archie to a hospice.

They claim Barts Health NHS Trust has told them life support will be withdrawn at 11:00 BST on Thursday unless an application over the hospice move is submitted by 09:00.

A spokeswoman for Archie Battersbee's family said: "We think it is completely barbaric and absolutely disgusting that we're not even allowed to choose where Archie takes his last moments.

"The hospice has said that they will take him."

Speaking outside the Royal London Hospital earlier, where Archie has been cared for since April, Ms Dance said it was now "the end".

"It was the last thing, wasn't it? And again our country has failed a 12-year-old child," she said.

Barts NHS Health Trust, which runs the Royal London Hospital, said changes to Archie's treatment would not be made until legal issues were resolved.

www.bbc.co.uk/news/uk-england-essex-62403993

[MsDark]

I think this lady doesn't understand what hospice is. It doesn't necessarily mean he's going somewhere else (except maybe to Jesus).

This will be the shortest hospice admission ever. Especially if they try to transport him.

At this point I think her denigrating of everyone else is just to take the focus off herself.

I feel for the staff who is doing an awesome job with a difficult task (that they know is futile at best and certainly not in the best interests of the patient) and an equally difficult family who is also likely trying to look for any reason to come for them. I'm sure they are charting out the wazoo and covering their asses right and left to avoid getting thrown under the bus by this sue-happy family.

[kittylady]

Aug 3, 2022 22:55:39 GMT MsDark said:

I think this lady doesn't understand what hospice is. It doesn't necessarily mean he's going somewhere else (except maybe to Jesus).

This will be the shortest hospice admission ever. Especially if they try to transport him.

At this point I think her denigrating of everyone else is just to take the focus off herself.

I feel for the staff who is doing an awesome job with a difficult task (that they know is futile at best and certainly not in the best interests of the patient) and an equally difficult family who is also likely trying to look for any reason to come for them. I'm sure they are charting out the wazoo and covering their asses right and left to avoid getting thrown under the bus by this sue-happy family.

At this point and after everything that has happened I would not be surprised if the next delaying tactic will be to try and take it to Court so that he can be moved (or more realistically, attempt to move him as he would likely expire during it) to a hospice against both the hospital's advice and the legal ruling that his end should take place there. If that happens then it would be interesting to see if the rabid fuckwits Christian Legal Centre will still be willing to throw their lawyers into the fray once more or if they'll back off and latch on to another set of traumatised parents because Archie is no longer useful to their agenda.

There is also the safety of any staff involved in a relocation attempt to consider too. Lisa/Hollie has been whipping up a storm against everyone involved in Archie's care and the Trauma Tourists on the Archie's Army Facebook page have been gobbling it up and regurgitating it with gusto.  It has been said that the hospital is having to dedicate eight security guards to the room Archie is being kept in as there have been so many vile threats made against the staff (who have been getting "named and shamed" on the page) as well as suggestions that the hospital be stormed and Archie "saved" by force (and Nutella. Yes, that's right, someone suggested using Nutella to bring him back to life. /SMH).  This is an example of what has been doing the rounds there (take note of who shared it).

[MsDark]

Oh for fucks sake.

I don't know about across the ocean but here, hospice care can be done inpatient...as in right where he is without even moving him...or at a separate facility...or at home.   Neither of the two latter are possible for him because he'll likely expire if you attempt to move/transport him. 

And by the way:   Aggressive treatment measures for the purpose of keeping someone alive as opposed to allowing natural death is the exact opposite of what hospice care is or someone who would be a hospice patient.   So either the family (or just as likely the people writing this article) don't know what hospice actually is. Or hospice care is something entirely different in the UK than in the US, which I highly doubt.

But yes, by all means, tell the family you are making him "hospice" (or convince them to allow this), take him off those machines and let him pass. Like I said, it will be the shortest "hospice admission" ever.

[waterslide]

1. I agree they do not understand the difference between "rehab facility" and "hospice". I don't think we ever found out what exactly happened with Bobbi Kristina, but wasn't she in a so-called rehab place? I also don't think they understand the term "quality of life" but there is a lot of that going around.
2. That family should be ashamed of themselves for harassing and doxing medical staff and being the reason for 8 guards. If I lived near there, I would drop off donuts or gift cards for the staff. JFC.
3. Storming the hospital by force? Well, we could lend out some of our insurrectionists. They just would have to give them back so we can let them rot in jail.
4. I had never heard of the life-giving properties of Nutella, but hey, ya gotta try everything, right?
5. That facebook screen shot. Are they suggesting that the UK, a place without a death penalty since 1964, should execute pedophiles? Or that they just shouldn't be locked up at all due to the expense? I don't follow. So the tax money used on pedophiles should be used to give someone a little more time with the child that has, essentially, been dead since April. They just want him to have a little more fun time on the ventilator for a little while longer. As though a ventilator is a swing set.

[no1novice]

Yeah Weaver Kevin doesn't appear to understand what "brainstorm dead" actually means or that this kid has no chance orld recovering anything. He's not in a vegative state he's brain dead. If we didn't have ventilators & health care he'd be dead-dead.

The more I hear about Lisa/Hollie the most I wonder about what actually happened....


Also, just to be clear Hospice is a place for people to go to die.
Lisa/Hollie is just pissed off because all her Facebook posting & googling of treatments & snake oil salesmen in Italy (Dr Death anyone?) & America offering to "treat" him when they know it won't make any difference....
Fuck, call gloopy....

Southend: Road rage woman spared prison
13th August 2004

A woman driver who attacked two late-night girl clubbers has been spared a prison sentence.

Lisa Pittaway, 28, broke the nose of one reveller and gave the other a black eye.

Pittaway, of Archer Avenue, Southend, was given a three-month prison sentence by the town's magistrates on two counts of common assault.

Yesterday, she lost her appeal at Basildon Crown Court against conviction but the jail sentence was replaced by 200 hours of community service.

One victim, Siobhan Phipps, said the incident began when she and friend Kirsty Hurrell left Talk nightclub in Southend.

They were walking across the road at traffic lights when Pittaway's car pulled up and she began shouting.

Ms Phipps said the driver got out and punched her in the face several times, breaking her nose.

Ms Hurrell described how she was nearly knocked down while crossing the road.

She and Pittaway exchanged words and Miss Hurrell admitted hitting out at her. Pittaway returned later to punch her in the face.

Pittaway, who has a previous conviction for causing actual bodily harm, alleged she was kicked in the brawl and clumps of hair were pulled out. She was ordered to pay £175 court costs.

Published Friday August 13, 2004

[waterslide]

I initially wondered if the mother and her ten aliases was worried there would be a death investigation that might make it look like she did something. The whole "TikTok challenge" sounds flimsy to me, but of course, it is possible. She just has way too much drama around her for this to be a simple shut and closed case.

[no1novice]

Aug 4, 2022 18:25:56 GMT waterslide said:

I initially wondered if the mother and her ten aliases was worried there would be a death investigation that might make it look like she did something. The whole "TikTok challenge" sounds flimsy to me, but of course, it is possible. She just has way too much drama around her for this to be a simple shut and closed case.

I did a bit of googling it it's being posted (so bag of salt) that she has said that a few days/the day before she found him with a cord around his neck & attached to the bedroom door handle.

Also, behavioural issues could mean anything but he was very disruptive in school.

kiwifarms.net/threads/hollie-dance-lisa-pittaway-ella-carter-archie-battersbee-lauren-summers-dignity-for-all-archies-army-spread-the-purple-wave.124942/

Not much is known about pre-suicide Archie except for what his mom shows and stuff found on a now deleted TikTok where his username was painhub1679. It seems though that he was a depressed child from some of his postings. He also had been excluded (expelled) from his school for 2 years until Hollie forced via court a school to take him in. He required 1:1 while in school due to behavioral issues. His mother has always had inclinations of being quite litigious. There were postings discussing that Archie may have shown signs of being depressed before this happened (Also seems Ella Carter really likes to harass people).
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Here is what other users were able to grab from Archie's TikTok as well as archiving the main page.
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It is known that he was a gymnast and into MMA at an early age. She acts like he is some prodigy in this sport, but videos and images shown in the general tard thread were commented to very poor in form and stuff for his age. There also appears though she states hes in it competitively no rewards except for participation rewards usually given for goals met in the sports club itself. It appears that his first actual competitive fight was booked for the week after his suicide.
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Another forum user posted this video where It appears that his mother's profession wasn't really hidden


A few videos from his accounts that show the attitude he would show online and candidly. For some reason most pre-accident videos have been deleted. It is almost like Hollie does not want people to remember her child before the accident.


The Accident

There are multiple stories on what happened on April 7th. What is know as fact is that Archie hung himself with a dressing cord off their banister and was without oxygen long enough that his brain ceased functioning. The mother has differing tales of her own involvement, what she saw, how long things took, etc.

Some of the tales Hollie has given for this event include (Up to 11 now) :

Original story was that she was in the house and didn't seem Archie for 10 minutes or so then came and found him hanging by the dressing cord. She then states she cut him down and he fell 8 feet and she ran out screaming and a neighbor came and did CPR until paramedics arrived. In this original story he was without oxygen for 40 minutes.
Later her story would change that he was only without oxygen for about 3 minutes and she did everything herself.
Another story involved her walking out of her room about 5 minutes after he played a joke on her to find him laying on the floor at top of stairs where she undid the cord and started CPR there.
Another story involved her coming home finding him hanging.
Two stories involved no rabbit, but them coming home from dinner and suddenly he's on the hallway staircase. The only difference in the accounts is one she does CPR and one she runs around outside until she finds a neighbor to do CPR.
Some stories involve a joke with a rabbit before hand, some do not. They either end with her being all happy about it to her screaming at him about it.
“I’ve left the room after a couple of minutes …. well not a couple of minutes like a few minutes. I’d had a phone call and just pottered around really”
“A couple of phone calls, well …. uh … two phone calls had taken place. A couple of text messages and then… Sorry, so when I’d made the first phone calls he’d come into my room on the last phone call and then I’d put the phone down. That’s when we had the conversation about the rabbit.”
Another version has the bunny story gone and that she was out of the house and came home and Archie was laying on the floor with the cord around his neck.
Her newest version of the story is the most perplexing yet. Now it states that he was playing with the rabbit tripped and somehow the dressing cord around his neck attached itself to the banister and hanged him.

They attempt to state this was due to a Tiktok challenge. Tiktok themselves have made a statement on this and the challenge they refer to does not involve hanging oneself over a banister. The "choking challenge" has existed long before Tiktok existed and the CDC even put out a report (Archive) on it dating back to 1995 stating that its been known of since 1970. Tiktok (Archive) spoke out itself in regards to Hollie's comments.
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no-cookie.kiwifarms.net/data/video/3509/3509436-d7700856df3810638dcfad9f5c5b3754.mp4