Parents get temporary injunction to keep baby on life-support

ALethbridge, Alta., couple has been granted a temporaryinjunction to prevent doctors from taking their eight-month-old daughter off life-support, but the case will return to court in early January.

The girl, named Hermella,was diagnosed at the age oftwo months with a rare form of cancer, whichwas successfully treated in Toronto. After the surgery, she reportedly contracted a virus that left her brain dead.

Her parents, Anna Motsyk andWill Mammo,said their little girl responds to light, touch, voices and music.

They also said they don't trust the prognosis they have been given, after getting conflicting messages from doctors in the past.

"We were told that our daughter was dead on Aug. 17 and then, on Sept. 23, we were told that she's alive," Mammotold reporters outside the Calgary Courts Centre.

"And now, we are told that she's recovering, but it's not significant enough to get to a meaningful recovery."

Not ready to give up

The parents said they don't want their daughter to suffer on life-support if there is genuinely no hope of improvement, but they're not ready to give up yet.

"We just want time to see how much farther she can go," Mammo said."We're not in here to say, 'Keep our daughter [on life-support]for the rest of her life.'"

The non-profitOpen Arms Patient Advocacy Society is assisting theparents in the legal case.

TiannaMelnyk, a spokeswomanfor the group, saidif the injunction had not been granted, Hermella who's at the Alberta Children's Hospital in Calgary would havebeen removed from life-support on Thursday.

Alberta Health Servicesdoes not comment on individual cases.

'Our hearts go out to you'

During the injunction hearing,Justice John Rooke, of the Court of Queen's Bench, told the parents he empathized with their situation.

"Whatever the court's decision,our hearts go out to you," he said, adding the court will aim to do "what's right in law and ultimately what's right for Hermella."

Jim Peacock, alawyer acting on behalf ofdoctors who have attended to Hermella, said the significance thefamily attaches to some of the baby's recent physicalmovements is different from the significance physicians attach.

In the opinion of a doctor at the Alberta Children's Hospital, court heard, someimprovement in Hermella's condition ispossible but the likelihood of a recovery is approaching "nil."

The doctor's opinion is that withdrawal of life-support is the best option, court heard, and that opinion wassupported by doctors at Stollery Children's Hospital in Edmonton andThe Hospital for Sick Children in Toronto.

Rooke granted a temporary injunctionto give the parents more time to seek proper legal advice and said he hopesan agency will refer the couple to a lawyer who can assist them.

The case will be back in court on Jan. 4, 2016.