27 Apr 2023

Te Whatu Ora spent $26,000 on lawyer fees over baby blood donor case

9:49 am on 27 April 2023
e Whatu Ora is taking a case against parents who are refusing to allow blood from vaccinated people to be used during their baby's life-saving heart operation.

The baby's parents fought the case in the High Court. Photo: RNZ / Mohammad Alafeshat

The court case that ensured a baby had urgent heart surgery against his parents' wishes cost Te Whatu Ora $26,000 in external lawyers' fees.

Baby W made international headlines in December because his parents did not want him to have surgery if the blood products needed came from a Covid-vaccinated donor.

Te Whatu Ora Auckland successfully asked for the baby to be placed under the guardianship of the court so he could have surgery for his life-threatening heart condition.

His parents fought the bid in a day long High Court hearing but the judge sided with surgeons and blood experts.

Te Whatu Ora said apart from the costs of bringing in outside legal advice, it could not measure how much its internal legal team spent on the case.

The hospital stepped up security at the time of the case and the baby's operation just a few days later.

However, it did not incur any extra costs because all the security guards were already employed by the hospital, it said.

In the hearing, Baby W's parents had argued that they wanted him to have the surgery but not if it ran the risk of him being given blood from a vaccinated person.

But the hospital argued it was not possible to differentiate, that the blood from a vaccinated person was safe, and that it was not possible for the parents to choose their donor.

The judge said the parents were loving and wanted the best for their baby but his priority in making the decision was the baby and his health.

He gave the hospital doctors the power to make all medical decisions but left all other care in the hands of the parents.

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