A three-month-old Edmonton baby who suffered severe brain damage during birth will remain on life support for at least one more week, after his parents convinced a judge to block his doctors' decision to take him off life support.
Isaiah James May was born in October after a difficult 40-hour labour at the local hospital in Rocky Mountain House, west of Red Deer. His umbilical cord had become wrapped around his neck, cutting off his oxygen, and when he emerged, his lungs were filled with meconium (infant fecal matter) and amniotic fluid.
The infant was airlifted to Stollery Children's Hospital in Edmonton where doctors determined that he had suffered severe brain damage during the birth. They decided he had no hope of regaining brain function.
So on Jan. 13, the hospital sent a letter to his parents, Isaac and Rebecka May, stating: "The diagnosis is unchanged; your son suffered severe anoxic brain injury at birth and has irreversible brain damage. There is no hope of recovery for Isaiah."
The letter went on to say, "Accordingly, it is with sadness that we are advising you that your treatment team will discontinue mechanical ventilation support to Isaiah after 2 p.m. Wednesday, January 20, 2010."
Rebecka says she was shocked when she received the letter.
"We were in a state of unbelief about the situation because we never knew that it was as easy as handing someone a letter," the young, first-time mother told CTV's Canada AM.
"But we decided to act on it right away and fight for him and give him more time."
Isaiah's parents, who say they tried for a long time for a baby, say hospital staff told them their son would not improve. But they note that Isaiah has continued to grow since his birth.
In court documents, they say their son now weighs 10 pounds, 11 ounces and that his eyes open daily, his pupils dilate, and he moves his hands, arms and feet with "increasing frequency."
They say their son is already faring better than doctors said he would and they don't think they should be quick to give up on him.
"If we give Isaiah the benefit of time, he might show us more," Rebecka said from Edmonton, sitting alongside her husband. "That's what we're fighting for. All we want is 90 days to see if there'll be any more improvement, because every day he does something new."
The hospital had planned to remove Isaiah from his breathing machines Wednesday afternoon. But on Tuesday, an Alberta Superior Court judge looking into the matter offered a reprieve. Justice Michelle Crighton said she wants an independent medical expert to assess Isaiah and offer an opinion on his chances.
The Mays want 90 days to seek their own independent medical review and to find out if there are any medical facilities that would accept him for treatment. Alberta Health Services have said 30 days should be long enough to determine if his condition would meaningfully improve if he remains on a hospital ventilator.
Crighton will announce on Jan. 27 her decision.
Alberta Health Services released a statement Tuesday afternoon saying they recognize that the decisions facing the court and Isaiah's parents are painful.
"The medical and ethical discussions for this family and care providers are the most difficult imaginable. Our heartfelt sympathies go out to the family. Our medical, nursing and allied health teams have and will continue to support this family in every way possible. It is appropriate to turn now to the courts for direction," the statement reads.
Isaiah's father Isaac says he's not sure what he and his wife will do if the judge sides with the decision of the hospital.
"We haven't gave it a whole bunch of thought yet, but I guess we'll have to cross that bridge when we get there," he said.
