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Last Updated: Wednesday, 9 February, 2005, 15:49 GMT
Baby Charlotte bid rejected again
Debbie Wyatt
Debbie Wyatt and her husband Darren are to return to the courts
The latest attempt by the parents of a seriously-ill baby to get a court order lifted, which gives doctors permission not to resuscitate her, has failed.

Darren Wyatt, 33, and wife Debbie, 23, of Portsmouth, will present further evidence at a hearing about their 15-month-old child Charlotte in March.

They had hoped to prove their baby's condition had "dramatically improved".

Last year, a judge agreed Charlotte's quality of life was so poor doctors could choose not to resuscitate her.

Darren and Debbie fear if Charlotte requires ventilation, she would not get it and it is all too late
David Wolfe, Mr and Mrs Wyatt's counsel

David Wolfe, counsel for Mr and Mrs Wyatt, told the appeal judges: "The simple position is that if things had gone as doctors originally predicted, Charlotte would be dead.

"She has defied all those expectations and has lived up to the expectations of her parents, who not only have a profound love for their daughter but also a profound optimism, which has been borne out in contradiction of the experts."

He said Charlotte's life was not as "miserable as it was, in stark contrast to when doctors made the first diagnosis of her condition".

Mr Wolfe highlighted she was no longer in constant pain and needing an oxygen head box.

The hearing heard the baby was also responding to noise and light and could now receive stimulation from a physiotherapist.

Mr Wolfe added: "What Darren and Debbie fear, their nightmare scenario, is emerging evidence in due course will lead to a change in view of the underlying condition but in the meantime, if Charlotte requires ventilation, she would not get it and it is all too late."

Justice Hedley gave the baby's parents permission on 28 January to bring up-to-date expert evidence to court at a hearing before Easter, which the couple hope will lend weight to their case.

Court rejects baby Charlotte plea
28 Jan 05 |  Hampshire
Judge rules on right to life baby
17 Dec 04 |  Hampshire
Q&A: The Charlotte Wyatt case
08 Oct 04 |  Health

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