The sister of a roofer on life support has begged doctors to give him more time after the family lost a High Court bid to keep him alive.
Andy Casey, 20, suffered a serious brain injury after being punched from behind in a pub garden fight in July and has been in a coma ever since.
On Tuesday Mr Justice MacDonald ruled doctors can lawfully stop treating the roofer from Mitcham. But Mr Casey’s sister Christine, 27, told the judge she does not believe he is brain-stem dead and aims to appeal.
She has been by his hospital bedside every day playing his favourite music and claims he has shown signs of improvement.
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“Andy is a strong healthy young man with his whole life ahead of him.” she told The Independent.
“It’s been so hard seeing him like this and having to fight for his machines to be kept on even though he is showing us he is alive. He is reacting to pain and even moving his hands when we ask him to.”
“He can trigger the breathing machines, regulate his own temperature and digest his food. It’s so frightening that they want to play god and leave it to the NHS to decide if Andy is dead or not. It’s so unfair.
“I just want them to give my brother more time.”
The roofer suffered a brain injury after becoming involved in a fight in a pub garden— (PA Media)
Barrister Abid Mahmood said brain stem testing by two specialists at St George’s University Hospitals NHS Foundation Trust, which is based in Tooting, south London had shown Mr Casey is dead.
He said specialists had diagnosed death on July 16. The judge heard Mr Casey had remained on a ventilator since being injured.
In a written ruling, Mr Justice MacDonald said: “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.”
Mr Justice MacDonald said he had concluded, with “very great sadness”, that Mr Casey “died on 16 July 2023 at 11.51pm”.
He added: “I understand that this will come as a bitter disappointment to Mr Casey’s family and friends.
“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.”
He said he is satisfied, having regard to brain stem testing undertaken in accordance with a code of practice, that Mr Casey had died.
The judge went on: “I recognise 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.”
His sister added: “The NHS... are not the ones who should choose whether someone should have more time to get better.
“So many people have woken up after failing a brain stem test and they were in fact not brain dead.
“I have just had another baby. It would mean the world to me for Andy to watch him grow.”