Teenager who told doctors she did not want to die can be named
By News Desk
A teenager who tragically passed away while resisting her doctors’ efforts to withdraw life support can now be publicly identified, as a court has lifted a previous order.
Sudiksha Thirumalesh, who was 19 years old and suffering from a rare mitochondrial disorder fought for her life till the very end. She and her family found themselves in a dispute with a healthcare trust regarding the decision to transition her to palliative care. They fought a legal battle to allow her to travel to the US for an experimental trial, which she believed could save her life.
She was an A-level schoolgirl from Birmingham and despite her condition, she was able to communicate and was fully conscious, according to reports. Sudiksha had told her doctors that she was not ready to die yet.
During the proceedings, it was revealed that a “fundamental disagreement” had arisen between the family and the healthcare trust regarding the young girl’s care and what constituted her best interests. Legal representatives for the trust argued that Sudiksha, referred to as ST during the legal dispute, was in an “actively dying” state and was experiencing severe respiratory episodes.
Bruno Quintavalle, who was representing Sudiksha’s parents, Thirumalesh Chellamal Hemachandran and Revathi Malesh Thirumalesh, noted that “very far-reaching” restrictions had been imposed, to the extent that “the parents are not even able to discuss privately with a friend the matters.” This highlights the extent of the limitations placed on the family’s ability to discuss their concerns privately during the legal proceedings.
He said: “There are very serious issues that have raised a lot of public concern.
“Public concern isn’t helped by the continuation of secrecy around proceedings.”
Victoria Butler-Cole KC, who was representing the NHS trust, suggested that there might have been a misunderstanding regarding the extent of the restrictions. She clarified that the restrictions were primarily intended to prevent people from identifying the teenager in connection with the legal proceedings.
She added that it was “unfortunate the parents have not been made aware of that sooner”.
On Friday, 22 September, following her death due to a cardiac arrest on 12 September, her family sought a Court of Protection order that granted them the ability to publicly disclose her name for the first time.
The teenager’s brother Varshan Chellamal Thirumalesh read out a statement outside he Royal Courts of Justice in London, alongside distraught parents Thirumalesh Chellamal Hemachandran and Revathi Malesh Thirumalesh. He said: “After a year of struggle and heartache, we can finally say our beautiful daughter and sister’s name in public without fear: She is Sudiksha. She is Sudiksha Thirumalesh – not ST.”
“Despite our grief and the continuing shock over everything we have been through, today a part of us is at peace. Sudiksha was a wonderful daughter and sister who we will cherish forever. We cannot imagine life without her,” he added.
After the hearing, Varshan also revealed that the family was “gagged” and “intimidated” and said, “We seek justice for Sudiksha today, and for others in her situation.”
Furthermore, it was revealed that the teenager’s family intended to appeal against a previous court ruling which stated that Sudiksha had a “complete inability to accept the medical reality of her position”.
In the August 2023, it was determined that Sudiksha could not fully grasp the medical reality of her situation and, therefore, was unable to make her own decisions regarding her medical treatment, in a ruling by Mrs Justice Roberts.
Ms Butler-Cole KC mentioned that the healthcare trust had no objections to Sudiksha and her parents being identified publicly.
A decision is still pending regarding whether the trust and the clinicians involved in her treatment can also be named as of 25 September.
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