Judge rules doctors can lawfully stop treating 20-year-old on life support with brain injury

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By Kim Novak

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A judge has ruled that doctors can lawfully withdraw treatment from a 20-year-old man who is on life support following a brain injury.

Andy Casey was left with a brain injury following a fight in a pub garden on July 9, where he was "punched to the head" and fell to the ground.

He has been on a ventilator since the incident with the hospital's legal team arguing that treatment should be stopped after specialists declared him dead on July 16 following a brain stem test.

His family had argued that they do not want his treatment to be stopped as they claimed to have seen movements and signs of life, and say that Casey reacts to pain.

Tragically, despite taking the case to the High Court in London, a judge has now ruled that doctors can lawfully end his treatment.

Barrister Abis Mahmood, representing the hospital trust where Casey is currently being treated, told the judge that specialists had diagnosed death on July 16.

Specialists have said that the former roofer's brain stem function was not responsive and therefore he is clinically dead, to which the judge, Mr Justice MacDonald who oversaw the private trial in the Family Division of the High Court on Friday, has agreed.

While the hospital can now lawfully end treatment on Casey, his family have argued that they want it continue as they claimed to have seen signs of life.

His sister, Christine, 27, told the judge that she does not believe her brother is brain stem dead, adding: "He reacts to pain. I showed the judge so many videos. How can someone who reacts to pain be dead? We are looking at an appeal."

She said that the ruling had left her "so angry" and that the family is planning to launch an appeal against the decision.

Mr Justice MacDonald said in a written ruling, via Sky News: "Whilst I understand fully the conclusions that the family and friends of Mr Casey have, in their sorrow, drawn from his movements and apparent responses to the ventilator, having regard to the totality of evidence before the court, I am also satisfied that what the family are seeing are in fact well-recognised base reflexes that can survive brain stem death.

"Cruelly, the flattering voice of hope convinces those that love Mr Casey that these are signs that Mr Casey is not dead.

"With regret, I am satisfied that the brain stem testing undertaken... demonstrate(s) that he is."

He concluded with "very great sadness" that it was accurate that Casey "died on 16 July 2023 at 11.51PM" and acknowledged that his ruling would "come as a bitter disappointment to Mr Casey's family and friends."

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The family has set up a GoFundMe to help with legal fees amid their appeal. Credit: GoFundMe

The judge added: "The now blurred boundary between life and death can be delineated by reference to philosophy, to ethics or to the cardinal tenets of the world's great religions.

"But the task of this court is to consider whether Mr Casey has crossed over that boundary for the purposes of the law.

"I recognize that this is a tragedy for his family and friends and whilst I am certain that it will offer little comfort, they have my profound sympathy."

Casey's family has set up a GoFundMe to raise money to continue their fight by helping with their legal costs, with any outstanding money set to go towards "rehabilitation" if he were to survive.

Featured image credit: Getty Images

Judge rules doctors can lawfully stop treating 20-year-old on life support with brain injury

vt-author-image

By Kim Novak

Article saved!Article saved!

A judge has ruled that doctors can lawfully withdraw treatment from a 20-year-old man who is on life support following a brain injury.

Andy Casey was left with a brain injury following a fight in a pub garden on July 9, where he was "punched to the head" and fell to the ground.

He has been on a ventilator since the incident with the hospital's legal team arguing that treatment should be stopped after specialists declared him dead on July 16 following a brain stem test.

His family had argued that they do not want his treatment to be stopped as they claimed to have seen movements and signs of life, and say that Casey reacts to pain.

Tragically, despite taking the case to the High Court in London, a judge has now ruled that doctors can lawfully end his treatment.

Barrister Abis Mahmood, representing the hospital trust where Casey is currently being treated, told the judge that specialists had diagnosed death on July 16.

Specialists have said that the former roofer's brain stem function was not responsive and therefore he is clinically dead, to which the judge, Mr Justice MacDonald who oversaw the private trial in the Family Division of the High Court on Friday, has agreed.

While the hospital can now lawfully end treatment on Casey, his family have argued that they want it continue as they claimed to have seen signs of life.

His sister, Christine, 27, told the judge that she does not believe her brother is brain stem dead, adding: "He reacts to pain. I showed the judge so many videos. How can someone who reacts to pain be dead? We are looking at an appeal."

She said that the ruling had left her "so angry" and that the family is planning to launch an appeal against the decision.

Mr Justice MacDonald said in a written ruling, via Sky News: "Whilst I understand fully the conclusions that the family and friends of Mr Casey have, in their sorrow, drawn from his movements and apparent responses to the ventilator, having regard to the totality of evidence before the court, I am also satisfied that what the family are seeing are in fact well-recognised base reflexes that can survive brain stem death.

"Cruelly, the flattering voice of hope convinces those that love Mr Casey that these are signs that Mr Casey is not dead.

"With regret, I am satisfied that the brain stem testing undertaken... demonstrate(s) that he is."

He concluded with "very great sadness" that it was accurate that Casey "died on 16 July 2023 at 11.51PM" and acknowledged that his ruling would "come as a bitter disappointment to Mr Casey's family and friends."

wp-image-1263228290 size-full
The family has set up a GoFundMe to help with legal fees amid their appeal. Credit: GoFundMe

The judge added: "The now blurred boundary between life and death can be delineated by reference to philosophy, to ethics or to the cardinal tenets of the world's great religions.

"But the task of this court is to consider whether Mr Casey has crossed over that boundary for the purposes of the law.

"I recognize that this is a tragedy for his family and friends and whilst I am certain that it will offer little comfort, they have my profound sympathy."

Casey's family has set up a GoFundMe to raise money to continue their fight by helping with their legal costs, with any outstanding money set to go towards "rehabilitation" if he were to survive.

Featured image credit: Getty Images