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Hospital ‘putting obstacles in Charlie Gard’s way’

Written by on 25/07/2017

A lawyer for the parents of Charlie Gard has accused Great Ormond Street Hospital (GOSH) of putting "obstacles" in the way of their son being taken home to die.

His mother Connie Yates has returned to the High Court to request permission to take the 11-month-old out of the hospital.

Mrs Yates and her partner Chris withdrew their bid to take their terminally ill baby to the US for experimental therapy on Monday, saying tests had shown the window of opportunity to help their son had closed.

Charlie suffers from a rare genetic condition which causes progressive muscle weakness. He also has brain damage.

His parents said he is not expected to live to his first birthday on 4 August.

Grant Armstrong, counsel for Charlie’s parents, said their last wish was to be able to take their son home but that they had been led to believe that transfer across London was "problematic".

"We struggle with the difficulties the hospital is placing in the way of the parents having a… short period of time before the final act in Charlie’s short life," Mr Armstrong told the court.

He said that the parents and GOSH had disagreed about the timing and venue of where his death should take place.

The judge deciding the case, Mr Justice Francis, said that part of the disagreement appeared to be over GOSH’s view that a ventilator will not fit through the front door of the property to which Charlie’s parents want to take him.

The judge said it was for mediation to decide rather than him, but the lawyer for GOSH hospital said Charlie’s parents had refused mediation.

Katie Gollop QC, for GOSH, said the hospital would like to fulfill the parents’ wishes if it was practical, saying it was essential that nothing should occur that could cause extra suffering to the youngster.

Ms Gollop said: "The care plan must be safe, it must spare Charlie all pain, it must protect his dignity, at the same time it must honour his parents’ wishes about the time and place of his passing, and it has to balance Charlies interests and his parents’ needs."

Her submission to the court said that the hospital believes that the intensive ventilation he requires to live can only be provided in a hospital setting and "cannot be provided at his parents’ home".

Mr Armstrong said representatives for GOSH had not visited the family home.

The court adjourned to allow further discussions to take place between the hospital doctors and the family’s representatives.

:: Timeline of parents’ battle to save Charlie

The President of the Vatican’s Bambino Gesu hospital – which had offered to help Charlie if it was possible – told a news conference on Tuesday afternoon that she completely backed the decisions of GOSH.

Mariella Enoc said, after a request from Charlie’s mother, one of the hospital’s professors had examined Charlie and had agreed with the London hospital that nothing could be done.

It comes after the lawyer for Charlie’s parents told the High Court on Monday that they had made the decision to end their legal fight after reviewing the latest medical reports and scans from GOSH.

Mr Armstrong said the experimental treatment no longer offers any chance of improving Charlie’s condition.

The High Court, Court of Appeal and Supreme Court in London had all ruled against Charlie’s parents in recent months, with judges at the European Court of Human Rights refusing to intervene.

GOSH had argued that the experimental therapy would not have helped improve Charlie’s condition, and said the baby’s life support treatment should end – allowing him to die peacefully and with dignity.

It resulted in the case becoming a flashpoint for opposing views on health-care funding, medical intervention, the role of the state and the rights of the child after US-based pro-life activists flew to London to support Charlie’s parents.

The hospital said it would give "careful thought" on how the case was handled and how it can "enrich the care it provides to its most vulnerable patients and families".

However, it said it hoped Professor Michio Hirano, the doctor who advised Ms Yates and Mr Gard on care in the US, would also "find much upon which to reflect".

More follows…

(c) Sky News 2017: Hospital ‘putting obstacles in Charlie Gard’s way’