Brainstem testing, such as the apnea test, is an approved neurological death test according to the Royal Academy of Medical Academy’s code of practice. Medical witnesses told the court they had never relied on alternatives.
Instead, MRI and CT scans were used as evidence – for which Dr. Daniel Schumann, a 40-year-old American neurologist, told the court that “absolutely no” basis for a reliable diagnosis of death in Archie’s case because they could not to distinguish little or no blood flow to the brain.
Describing the case as “tragic”, Ms Justice Arbuthnot said in a written decision: “I find that the irreversible cessation of brainstem function has been definitively established.
“I authorize the medical staff at Royal London Hospital to stop mechanically ventilating Archie Buttersby; to extubate Archie Buttersby; discontinue Archie Buttersby’s medication; and don’t try to do Archie Battersbee cardiac or pulmonary resuscitation when your heart rate stops or your breathing stops. ”
She added that “the steps I outlined above are legal” and “his position will not improve”.
“Disturbing and dark precedent”
The judge said that if she had not concluded that Archie was dead, she would have ruled that it was not in his best interest to stay alive, as this risked sudden death without a chance to say goodbye.
Andrea Williams, chief executive of the Christian Law Center, said: “This decision sets a worrying and dark precedent. This case raised significant moral, legal and medical questions about when a person is dead.
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