The parents of a seriously ill baby who started trying to breathe after doctors decided he was dead have lost a High Court life support treatment fight.
Bosses at a London hospital Trust responsible for the four-month-old boy's care became involved in a treatment dispute with his parents earlier this summer and asked a judge to consider the case.
Lawyers representing Guy's and St Thomas' NHS Foundation Trust said tests showed that the boy, who has suffered a serious brain injury and is on a ventilator, was brain stem dead and wanted a declaration of death.
But they subsequently returned to court and told Mr Justice Hayden that a nurse had noticed the boy trying to breathe, more than a week after doctors had carried out brain stem tests and concluded he had died.
Specialists rescinded "the clinical ascertainment of death" and trust bosses asked Mr Justice Hayden to decide instead what moves were in the boy's best interests.
The judge oversaw a trial in the Family Division of the High Court in London on Thursday and on Friday ruled that ventilation should be withdrawn and only palliative care provided.
He told the boy's parents: "I am so sorry."
Barrister David Lawson, who led the hospital's legal team, told Mr Justice Hayden that the boy was dying.
Mr Lawson said the boy had suffered a "devastating" brain injury and asked the judge to rule that he should now follow a "palliative care pathway".
A specialist told the judge nothing could be done to help the boy.
The boy's parents, Muslims of Bangladeshi origin, viewed his breathing attempts as a miracle and want him to remain on a ventilator.
They indicated that they planned to mount an appeal against Mr Justice Hayden's decision, after considering evidence at a public hearing in the Family Division of the High Court.
He ruled that the boy, referred to as "A" in court papers, cannot be identified in media reports of the case - and that medics involved also cannot be identified.
Lawyers previously told him how a nurse had noticed the boy trying to breathe, more than a week after doctors had carried out brain stem tests and concluded he had died.
Specialists rescinded "the clinical ascertainment of death" and trust bosses have now asked Mr Justice Hayden to decide what moves are in the boy's best interests, rather than declare him dead.
The boy's parents, who are Muslim, viewed their son's breathing attempt as a miracle and thought their prayers had been answered, Mr Justice Hayden heard.
The doctor told the judge she had "never seen it" before.
"I think it must be just beyond comprehension (for the parents)," she said. "That doctors looking after their baby can have made what appears to be such a horrible error."
The judge was told the baby had remained on a ventilator, even though tests had shown him to be brain-stem dead, because there was an ongoing court dispute.
"I don't know in all honesty whether there are other cases like this," the doctor told Mr Justice Hayden.
