Ireland: Pregnant woman's life support to be switched off

THE HIGH COURT has ruled that the life support for a clinically dead pregnant woman can be withdrawn – at the discretion of her medical team. The judgement was handed down by Justice Nicholas Kearns at noon today. The court had been asked by the HSE to issue a declaration that discontinuing treatment for the woman would be lawful. Justice Kearns said that the court “is satisfied, in the circumstances of this case, that in the best interest of the unborn child, it should authorise at the discretion of the medical team the withdrawal of ongoing somatic support being provided… in this tragic and unfortunate case”. It will accordingly make a declaration and order to that effect.

Representatives for the unborn had argued against the move, stating that the right to life was greater than the right to dignity in death. The woman’s family – and the father of the unborn – wished for the current treatment to be stopped so they could lay her to rest. In his judgement, Justice Kearns said to “maintain and continue the present somatic support for the mother would deprive her of dignity in death and subject her father, her partner and her young children to unimaginable distress in a futile exercise which commenced only because of fears held by treating medical specialists of potential consequences”.

She was declared dead on 3 December when she was 15 weeks pregnant and doctors said they needed legal clarification on what they were allowed to do because of the 8th Amendment. The High Court had been told there was “no reasonable” prospect the baby would be born alive. It is currently at 17-18 weeks gestation.

The judgement noted that the court accepts the evidence of the medical witnesses that “from a medical viewpoint… there is no real prospect of maintaining stability in the uterine environment, having regard to the degree of infection, the fluctuating temperatures in the body of the mother, the difficulty in maintaining a safe blood pressure and the amount of toxic medication being administered to the mother which is not licenced for pregnancy. No appeal will be lodged by representatives for the unborn and Justice Kearns said he hopes the family will be given some comfort now that court proceedings have come to an end.

Costs will be paid by the Court for both sides given the case raised issues of “great public importance”. Commenting after the case, Health Minister Leo Varadkar said, ”I wish to convey my heartfelt sympathies to the family and partner of the woman at the centre of this case at this most difficult time – particularly given the season. “This case and the judgement will need to be carefully examined before I can make any further comment on it. In the meantime, I would ask that the privacy of this family is respected, at this so difficult and challenging time.”

Culled from Journal.ie