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Family of Jewish toddler loses court battle to keep her on life support

Judge said ‘I deeply regret that I cannot do more to help them’

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The family of a seriously ill toddler in Manchester has lost its High Court bid to keep her on life support.

The Manchester University NHS Foundation Trust is caring for Alta Fixsler, a two-year-old born eight weeks premature with severe brain injuries. 

Doctors say she has a life expectancy of up to two years and is suffering constant pain.

Her strictly Orthodox parents lost their appeal on Friday against an earlier court decision to allow her transfer into palliative care.

The family had sought to move Alta to a Jerusalem hospital for continued life-sustaining treatment and where, in the potential event of her death, she would be given a speedy burial.

They argued that the judge had failed to “appreciate the overwhelming importance to this child of her religion and culture” and interfered with her rights under Israeli law.

But the High Court dismissed the appeal in a judgment handed down on Friday. 

“I know that Alta's devoted parents will be profoundly distressed by the outcome of this appeal. Every parent and grandparent – indeed every person – from every community will have the deepest sympathy for them, and for Alta's loving sibling,” said Lord Justice Baker.

“The strong support they draw from their faith and their community will be a source of consolation, but the emotional pain they are suffering is very hard to endure. 

“I understand why they have pursued this appeal and deeply regret that I cannot do more to help them,” he added. 

But the judge also cast doubt on the earlier court finding that it was "more likely than not that Alta's point of view would be that continued life sustaining treatment would not be acceptable to her."

"Given her age and lack of understanding, I think it is impossible to reach any conclusion as to what her views would be," Lord Justice Baker said, adding that this did not however undermine the overall analysis.

The family is expected to bring an appeal to the Supreme Court, the JC understands. 

The case has in recent weeks drawn wide media coverage and interventions from prominent public figures such as former Israeli President Reuven Rivlin.

The Board of Deputies of British Jews and the Office of the Chief Rabbi were among those extending their support to the family. 

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