''P.P v. Health Service Executive'' was a 2014 case in the

Irish High Court The High Court ( ga, An Ard-Chúirt) of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases. When sitting as a criminal court it is called the Central Criminal Court and sits with judg ...

to rule on whether a

pregnant Pregnancy is the time during which one or more offspring develops (gestation, gestates) inside a woman, woman's uterus (womb). A multiple birth, multiple pregnancy involves more than one offspring, such as with twins. Pregnancy usually occur ...

woman (anonymised as "N.P.") who was brain dead ought to be kept on

life support Life support comprises the treatments and techniques performed in an emergency in order to support life after the failure of one or more vital organs. Healthcare providers and emergency medical technicians are generally certified to perform basic ...

until the foetus was viable and could be delivered. The woman's

next of kin A person's next of kin (NOK) are that person's closest living blood relatives. Some countries, such as the United States, have a legal definition of "next of kin". In other countries, such as the United Kingdom, "next of kin" may have no legal d ...

wished her life support to be switched off but medical staff were unsure whether this would violate the foetus' right to life, which was guaranteed by the Eighth Amendment of the Constitution of Ireland. The case was brought against the Health Service Executive (HSE) by N.P.'s father "P.P."

Timeline

On 27 November 2014, a woman, twelve to fourteen weeks pregnant, was admitted to hospital with headaches and nausea. Two days later, she suffered a fall and was later found to be unresponsive. On 3 December, she was declared clinically brain dead. The cause was a large cerebellar cystic lesion causing acute hydrocephalus and compression of brain stem. She was placed on life support against her family's wishes. Her parents and partner supported turning off the life support machines. Her two young children did not recognise her when they visited her, and were upset at her appearance. On 15 December 2014, her father applied to the High Court for life support to be turned off.

Nicholas Kearns Nicholas Kearns (born 1946) is a retired Irish judge who served as President of the High Court from 2009 to 2015 and a Judge of the High Court from 1998 to 2015. He retired as President of the High Court on 19 December 2015. Early career K ...

, the

President of the High Court The High Court ( ga, An Ard-Chúirt) of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases. When sitting as a criminal court it is called the Central Criminal Court and sits with judg ...

, fast-tracked P.P.'s application for his daughter to be made his ward, which took effect on 23 December. On 22 December Kearns decided that the case was important enough for three judges to hear it: himself,

Marie Baker Marie Baker (born 6 February 1954) is an Irish judge who has served as a Judge of the Supreme Court of Ireland since December 2019. She previously served as a Judge of the High Court from 2014 to 2018 and a Judge of the Court of Appeal from ...

, and

Caroline Costello Caroline Costello is an Irish judge who has served as a Judge of the Court of Appeal since November 2018. She previously served as a Judge of the High Court from 2014 to 2018. Costello graduated with a BA in Classics and History from Universi ...

. The case was heard on 24 December. Four senior counsel were heard: Mary O'Toole for the plaintiff, Gerry Durcan for the respondent, Cormac Corrigan representing the interests of the woman, and

Conor Dignam Conor Dignam is an Irish judge and lawyer who has served as a Judge of the High Court since December 2021. He was formerly a barrister. Early life Dignam studied political science at Trinity College Dublin, graduating in 1992. He subsequent ...

representing the interests of the unborn child. Seven doctors gave evidence. On 26 December 2014, the court ruled that the life support machine could be turned off. None of the counsel appealed the verdict. The woman was taken off life support on 27 December, and buried on 29 December 2014. In September 2015, an

inquest An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death. Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a coro ...

jury returned an open verdict into the cause of her death. In November 2016, the family commenced legal action against the HSE, claiming medical negligence.

Ruling

In ruling for life support to be switched off, the court held that the woman's right to dignity and her family's wishes could take precedence because the chances of the foetus being born alive were infinitesimal. The court rejected an argument that the Eighth Amendment applied only to

Irish abortion law Irish may refer to: Common meanings * Someone or something of, from, or related to: ** Ireland, an island situated off the north-western coast of continental Europe ***Éire, Irish language name for the isle ** Northern Ireland, a constituent unit ...

and thus ought not to be invoked in a non-abortion case. The ruling also stated "when the mother who dies is bearing an unborn child at the time of her death, the rights of that child, who is living, and whose interests are not necessarily inimical to those just expressed, must prevail over the feelings of grief and respect for a mother who is no longer living." This left open the possibility of an opposite verdict in a hypothetical similar case further into a pregnancy. Women's Link Worldwide gave the High Court judgment the "Bronze Gavel" for promoting gender equality at its 2015 "Gender Justice Uncovered" awards.

References

Sources

* *

Citations

External links