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Neon Roberts's mother refused time to seek alternative tumour treatments | Neon Roberts's mother refused time to seek alternative tumour treatments |
(35 minutes later) | |
A mother involved in a legal battle to prevent her seven-year-old son from having radiotherapy to treat a brain tumour has been refused more time to seek alternative treatments. | A mother involved in a legal battle to prevent her seven-year-old son from having radiotherapy to treat a brain tumour has been refused more time to seek alternative treatments. |
Sally Roberts, 37, wanted to explore alternatives including immunotherapy, the use of biological agents, photodynamic therapy, diet and lifestyle therapies and hyperbaric oxygen therapy to treat her son Neon, who is receiving treatment for a medulloblastoma, the high court was told. | Sally Roberts, 37, wanted to explore alternatives including immunotherapy, the use of biological agents, photodynamic therapy, diet and lifestyle therapies and hyperbaric oxygen therapy to treat her son Neon, who is receiving treatment for a medulloblastoma, the high court was told. |
But judge Mr Justice Bodey said any further delays would be detrimental and not in her son's best interests and refused to adjourn the case for her to call evidence from alternative and integrated medical practitioners. | |
Counsel for the hospital trust treating Neon, which cannot be named, said he should not be subjected to "experimental therapies" and "unproven treatments". | Counsel for the hospital trust treating Neon, which cannot be named, said he should not be subjected to "experimental therapies" and "unproven treatments". |
Neon underwent an emergency operation on Wednesday after the judge ordered the surgery, against the mother's wishes. Roberts asked for a delay, saying she was "not persuaded of the need and not persuaded of the urgency" of surgery, and wanted a second opinion to investigate whether the growth was residual or regrowth tumour from a previous operation in October, or whether it could be "inflamed scar tissue". | Neon underwent an emergency operation on Wednesday after the judge ordered the surgery, against the mother's wishes. Roberts asked for a delay, saying she was "not persuaded of the need and not persuaded of the urgency" of surgery, and wanted a second opinion to investigate whether the growth was residual or regrowth tumour from a previous operation in October, or whether it could be "inflamed scar tissue". |
Bodey ordered surgery after medical practitioners treating Neon said it was "highly, highly likely he would die over a relatively short period of time". | |
But, even at the 11th hour Roberts tried to prevent it, seeking an appeal in the early hours of Wednesday morning, at 12.30am, just hours before he was due to be operated on. | |
Her appeal failed. On Thursday the judge heard that surgeons had "found evidence of a tumour nodule" which a biopsy showed was "consistent with medulloblastoma". Surgeons felt no obvious tumour had been left behind, but that adjuvant therapies such as radiotherapy and chemotherapy were required "because of the risk of microscopic tumour being left behind". Neon was now "standard" rather than "high risk", which was "very, good news". | Her appeal failed. On Thursday the judge heard that surgeons had "found evidence of a tumour nodule" which a biopsy showed was "consistent with medulloblastoma". Surgeons felt no obvious tumour had been left behind, but that adjuvant therapies such as radiotherapy and chemotherapy were required "because of the risk of microscopic tumour being left behind". Neon was now "standard" rather than "high risk", which was "very, good news". |
Roberts made headlines when she went missing with Neon for four days earlier this month to prevent him having radiotherapy following his first operation. | Roberts made headlines when she went missing with Neon for four days earlier this month to prevent him having radiotherapy following his first operation. |
The court heard doctors want to start radiotherapy no later than 16 January, and ideally by 9 January. | The court heard doctors want to start radiotherapy no later than 16 January, and ideally by 9 January. |
Roberts, a music producer originally from New Zealand, is seeking a delay so she can submit evidence of the alternative treatments, which also include molecular targeted therapy, after being given a list of alternative experts from a "Dr V", who cannot be named but who is not a medical practitioner. | Roberts, a music producer originally from New Zealand, is seeking a delay so she can submit evidence of the alternative treatments, which also include molecular targeted therapy, after being given a list of alternative experts from a "Dr V", who cannot be named but who is not a medical practitioner. |
Roberts has prevented her son from taking anti-hermetic drugs, which control nausea, after the operation, the court heard. | Roberts has prevented her son from taking anti-hermetic drugs, which control nausea, after the operation, the court heard. |
Ian Peddie QC, representing Roberts, whose case is being funded by legal aid, said: "The mother remains concerned that radiotherapy is not in [Neon's] best interests." She required time to find doctors who could offer alternative "credible medical treatment to the therapy proposed". | Ian Peddie QC, representing Roberts, whose case is being funded by legal aid, said: "The mother remains concerned that radiotherapy is not in [Neon's] best interests." She required time to find doctors who could offer alternative "credible medical treatment to the therapy proposed". |
Opposing any further delays, Victoria Butler-Cole, representing the hospital trust, said it was clear from the list of experts provided by Roberts, that Dr V "was not familiar or remotely expert" in the treatment of medulloblastoma. The disease medulloblastoma, she said, "is spelled wrongly" and his description of it seemed to have been from the internet or newspaper cuttings. | Opposing any further delays, Victoria Butler-Cole, representing the hospital trust, said it was clear from the list of experts provided by Roberts, that Dr V "was not familiar or remotely expert" in the treatment of medulloblastoma. The disease medulloblastoma, she said, "is spelled wrongly" and his description of it seemed to have been from the internet or newspaper cuttings. |
One doctor proposed on the list by Roberts, was "not GMC registered", she said. None of them were "on the specialist [GMC] register", meaning it was highly unlikely they were specialists in paediatric oncology. | One doctor proposed on the list by Roberts, was "not GMC registered", she said. None of them were "on the specialist [GMC] register", meaning it was highly unlikely they were specialists in paediatric oncology. |
One doctor's website described using "herbs, nutritional supplements, enzymes, diet and psychological healing strategies in treatment for cancer", added Butler-Cole. | One doctor's website described using "herbs, nutritional supplements, enzymes, diet and psychological healing strategies in treatment for cancer", added Butler-Cole. |
She compared this with treatment at "a hospital and centre of excellence that offered the gold standard treatment being offered to all other children in this country who have this disease". | She compared this with treatment at "a hospital and centre of excellence that offered the gold standard treatment being offered to all other children in this country who have this disease". |
The prospect was that Neon would not be admitted to any "formal proper research programme" but rather given "unproven treatments". | The prospect was that Neon would not be admitted to any "formal proper research programme" but rather given "unproven treatments". |
Butler-Cole said: "The dose of realism that is required is whatever these doctors may be prepared to say or prepared to do, provided funding could be found from a private source, the prospect of the court accepting their views in preference to the gold standard in this country is so small as to enable the court to take a robust approach to the mother's position today." | |
Neon's father, Ben, 34, an IT consultant from west London, who is estranged from Roberts, was "anxious" that an order on the radiotherapy be made this week. He had supported the second surgery, and was at his son's hospital bedside on Thursday. | Neon's father, Ben, 34, an IT consultant from west London, who is estranged from Roberts, was "anxious" that an order on the radiotherapy be made this week. He had supported the second surgery, and was at his son's hospital bedside on Thursday. |
Melanie Carew, the lawyer representing Neon's interests, also opposed any delay in making the order. The mother had provided two second-opinion witnesses "both of which have concluded [Neon] does have the therapy that the trust has suggested". | Melanie Carew, the lawyer representing Neon's interests, also opposed any delay in making the order. The mother had provided two second-opinion witnesses "both of which have concluded [Neon] does have the therapy that the trust has suggested". |
"His situation is very urgent," she added. | "His situation is very urgent," she added. |
The judge refused Roberts's application to have the case adjourned until early in January. | The judge refused Roberts's application to have the case adjourned until early in January. |
Roberts dismissed her original legal team on Tuesday after "losing confidence" in them, the court heard. She has now instructed human rights lawyer Imran Khan, and Ian Peddie QC to represent her. | Roberts dismissed her original legal team on Tuesday after "losing confidence" in them, the court heard. She has now instructed human rights lawyer Imran Khan, and Ian Peddie QC to represent her. |
The case continues. | The case continues. |