Indi Gregory’s parents lose appeal to keep 7-month-old who suffers from same disease as Charlie Gard on life support
THE parents of a little girl who suffers from the same diseaes as Charlie Gard have lost their appeal to keep their baby girl on life support.
A High Court judge ruled that doctors could lawfully limit the treatment they provide to Indi Gregory - against the wishes of her parents, Dean Gregory and Claire Staniforth.
Indi's parents, who are both in their 30s and from Ilkeston, Derbyshire, had challenged Mr Justice Peel's ruling.
But two Court of Appeal judges have dismissed their challenge
Lady Justice King and Lord Justice Birss had considered arguments at a Court of Appeal hearing in London on Monday.
They concluded that Indi's parents did not have an arguable case - and no "real prospect" of winning an appeal.
Lawyers representing the couple say now aim to take the case to the European Court of Human Rights in Strasbourg, France.
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"It has been a devastating journey through the court system, which no parent should have to face" Mr Gregory said after today's appeal court ruling.
"Indi is fighting to live, the system has given up on her, but we refuse to allow her to be brushed under the carpet,
"We will continue to fight for Indi for as long as it takes - she deserves that chance."
Indi's parents argued that the "depth of the inquiry" carried out by Mr Justice Peel had been "inadequate".
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They also argued that the High Court trial had been "procedurally unfair" and complained that Mr Justice Peel had refused to give them an "effective opportunity" to obtain expert medical evidence of their own.
Mr Justice Peel had heard evidence about Indi's condition at a private trial in the Family Division of the High Court, in London.
He heard that Indi, who was born on February 24 2023, had mitochondrial disease, a genetic condition that saps energy, and is being treated at the Queen's Medical Centre in Nottingham.
Indi suffers from the same condition as Charlie Gard, who died in 2017 after his parents lost a court battle to take him abroad for treatment.
Charlie's mum Connie Yates has backed Dean and Clare's battle to continue Indi's treatment.
Specialists say Indi is dying and bosses at the hospital's governing trust asked Mr Justice Peel to rule that doctors could lawfully limit treatment provided to her.
Barrister Emma Sutton KC, who led Nottingham University Hospitals NHS Foundation Trust's legal team, told Mr Justice Peel that Indi was critically ill and had an exceptionally rare and devastating neurometabolic disorder.
She said the treatment Indi received caused pain and was futile.
Ms Sutton had argued that Indi's parents' appeal should be dismissed.
Mr Justice Peel had considered evidence behind closed doors, but he allowed journalists to attend the hearing and ruled that Indi, her parents and the hospital could be named in reports.
He ruled that medics treating Indi and a guardian appointed to represent her interests could not be named.
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Appeal judges oversaw the appeal hearing in public but ruled that medics and the guardian could not be named in reports.
Indi's parents are being supported by campaign group the Christian Legal Centre.
What is mitochrondrial disease?
THIS is the NHS's description of mitochrondrial disease:
When a person has Mitochondrial Disease, the mitochondria in the cells are not producing enough energy.
Sometimes they are not very efficient or they do not work at all.
There is huge variety in the symptoms and severity of Mitochondrial Disease.
It depends on how many cells are affected and where they are in the body.
Every person with Mitochondrial Disease is affected differently.
Each individual affected will have a different combination of mitochondria that are working and not working within each cell.
However, there are times when particular body systems are affected in a recognisable pattern and these have specific names, for example Alper's disease, Leigh’s disease, MELAS or MERRF.
The parts of the body commonly affected are those that have the highest energy demands, such as brain, muscle, liver, heart and kidney.
When these systems are effected Mitochondrial Disease is usually progressive.
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