BC daughters lose in court; Father's life support to be turned off

The children of a BC senior on life support have lost a legal challenge to stop the hospital from turning the machine off.

According to an Aug. 3 BC Supreme Court decision, the 65-year-old had a heart attack in May and was left without a pulse for 46 minutes.

The decision says Leo Edward Bikus is in a coma on a breathing machine and is fed through a tube.

He is currently at Vancouver's Saint Paul’s Hospital where doctors want to take him off life support.

Bikus' daughters Evangeline De Châtillon and Elise Bikus filed for a court injunction in an attempt to stop this and want the hospital to keep giving their father life support treatment.

The daughter says they have seen "cortical responses" from their father which could mean he has a chance of healing, they say.

The daughters have appeared in court several times during the last two months, once to play a video of their father which they say shows signs he may become conscious.

The case was adjourned giving the daughters time to get an expert medical opinion. However, they failed to produce one. For reasons unexplained, a doctor who was given permission to go to the hospital and review Bikus didn't.

On Aug. 1 Bikus' children applied for a fourth time to the court for more time to get an independent medical report, but Justice Christopher Hinkson declined the request.

Four separate doctors testified during the hearing and each gave a grim prognosis.

"Dr. Sayao reported that Mr. Bikus showed no cortical responses and most of his brain stem reflexes remained absent," the decision reads. "Dr. Sayao concluded that Mr. Bikus’ neurological prognosis was 'extremely poor' and that continuing... life-sustaining treatment would be 'futile' as it would merely prolong a 'persistent vegetative state with no conscious awareness.'"

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The daughters argued that their father has shown "intermittent increased movement" which was a step forward and they'd seen slight movements in his hands and legs.

However, the doctors say these movements are just reflexes.

"His breathing is getting worse. His eye light reflex is getting worse. Those are not a good sign of brain responses," a doctor says in the decision.

"It is clear that there is no medical opinion before me that suggests that Mr. Bikus’ neurological prognosis is anything other than extremely poor," Justice Hinkson said.

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The hospital argued keeping Bikus on life support was harmful to him as he would likely develop infections, ulcers, sepsis, and further complications.

The Justice agreed.

"It is in his best interests for the life-sustaining treatment to be terminated," the justice said. "Such care would simply prolong his life and be futile, leading to a persistent vegetative state, with no conscious awareness, and would likely result in further harm including bed sores, infection and other complications."

Ultimately, the justice denies the daughter's court appeal and grants permission to the hospital to turn off the life support machine.

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