Decision due on baby case
Judge has reserved decision in case where parents don’t want vaccinated blood
AHigh Court judge has reserved his decision in the battle over guardianship of a baby boy whose parents refuse vaccinated blood being used in a life-saving operation — with a decision now expected today.
The court earlier heard that the case was a matter of life and death, with Health NZ Te Whatu Ora seeking to have the courts take guardianship of the baby so urgent heart surgery can go ahead.
Paul White, lawyer for Te Whatu Ora, said there was an impasse between the views of the parents and the views of medical professionals as to what course of action is in the best interests of the child.
The case was not much different from those of Jehovah’s Witnesses who refused blood transfusions for their child, aside from the origin of the parents’ beliefs, White said.
“What we have is loving parents … with beliefs that contrast with the medical professions’ views based on science.
“His survival is actually dependent on the application being granted.
“His only option is surgery, and there’s an excellent prognosis with that surgery.”
White said cardiac specialists had advised the baby’s heart is suffering damage because of the delay in surgery due to the build-up of blood at the damaged valve.
“It’s under incredible strain.” Justice Ian Gault reserved his decision and while there is no word on when a decision will be given, it is understood to be very unlikely to be today.
Due to the urgency of the questions about the child’s care, it is likely the decision will be given within days, possibly today, the Herald understands.
White earlier indicated the order would seek to appoint the cardiac surgeon and cardiologist as agents of the court for everything related to the treatment of the baby boy’s condition.
They are wider than just the blood
His survival is actually dependent on the application
being granted. Paul White, lawyer for Te Whatu Ora
transfusion but are limited as much as practical and relate just to his lifesaving medical treatment, White said.
“There may need to be orders that the baby needs to remain at Starship hospital unless the clinicians allow them to leave the hospital.”
The baby was in court, against medical advice, White said.
Sue Grey, the parents’ lawyer, said they were late to court because they had difficulty taking the child from hospital against the wishes and advice of medical staff.
In court are White, Grey and Adam Ross KC for the NZ Blood Service.
White echoed the comments of Auckland University’s Immunisation Advisory Centre medical director Professor Nikki Turner, who earlier said Covid-19 was widespread in New Zealand and that would be reflected in the antibodies in the nation’s blood.
“We are dealing with a very small subset of the donor pool,” White said.
Ninety-six per cent of the NZ population of the age of 12 has received at least one dose of the vaccine, and a significant proportion of the unvaccinated remainder would have been infected with Covid-19 so would have the antibodies regardless, he said. There have been no reported problems related to transfusions as a result of Covid-19 vaccinations, White said.
He said the views of the parents in seeking blood from a pool of unvaccinated donors was inconsistent with established medical practice.
The baby has already had a blood transfusion, lawyer for the parents
Sue Grey has told the court.
She explained the parents had signed consent forms before a surgery in good faith but blood became needed during the procedure.
“The fact they got away with it once doesn’t mean that we should effectively play blood roulette and try it again,” Grey said.
The condition of the baby was improving and donors were waiting outside the court “ready willing and able” to donate blood, she said.
She said the delay of a couple of days to arrange unvaccinated blood would not harm the baby. “It’s a case of balancing up one risk that we don’t fully know about and another risk we don’t fully know about,” Gray said.
“The good news . . . is that [the baby] is currently improving.
“If it takes an extra couple of days to arrange safe blood that would be in the interests of safety when you balance the risk with all of the uncertainties.” — NZ Herald