Child N
1st allegation of attempted murder on night-shift of 2nd/3rd June 2016. At this time LL was supposed to be working day-shifts.
Draft Timeline
2 Jun 2016, Thursday
11.56am -
a Facebook message from doc asks LL for an 'opinion on something'. LL replies: "Hope I can help!"
1.42pm - N was born at 34 weeks + 4 days, weighing 3lb 11oz. His clinical condition was excellent but he did have mild haemophilia, a blood disorder.
2pm - Nurse Caroline Oakley records N was admitted to the nnu at 2pm, and N had 'prematurity and clotting disorder'. (electronic evidence)
2.30pm - A blood sample was taken. (electronic evidence)
Time? - A clinical note by Dr Anthony Ukoh reports: '34+4 baby boy cried immediately, required no active resus'. 'Not for IM Vit K for now until haemophilia status known'. 'Observations: ...intermittently grunting++' (electronic evidence)
Afternoon - Dr Sudeshna Bhowmik’s statement - Dr SB says tests were carried out on N for haemophilia. It was discussed with the parents that N would be taken to the neonatal unit due to his prematurity, and would need an incubator for temperature control. N had intermittent grunting at one hour of age, which was not unusual for babies born via C-section as there would be increased fluid in the lungs. The usual practice was to observe for four hours to see if the baby would settle down. Vitamin K was withheld on the risk of increased bruising/bleeding for N, until test results came back. N was later screened for sepsis as he had continued grunting beyond the four-hour observation period. He was breathing without any support required.
3.10pm - A desaturation down to 67% oxygen saturation, lasting one minute, is recorded by nurse Caroline Oakley at 3.10pm. She noted: '[N] Allowed to rest. Sounds very mucousy. Grunting intermittently...dropped saturations to 67% when upset; temp being recorded and required 60% O2 to recover...awaiting blood results before being given Vit K.' The note adds: 'Decision made to screen and [nil by mouth], IV fluids/Vit K IV as prescribed as still grunting' (electronic evidence) X-exam of Dr Jennifer Loughnane: Mr Myers refers to notes made before the [evening] handover took place, in relation to N "intermittently grunting++" and an event of N desaturating to 67%. He asks if it is possible for a baby to desaturate because they are upset, via a 'false desaturation' from the Sats probe not picking up the trace. Dr JL says that can be the case, but it would usually be recorded as such in the medical notes. The number on the oxygen saturation reading could be lower, or not be displayed at all. A statement from Caroline Oakley describes N being born, transferred to the neonatal unit, and describes being aware the mother was a haemophilia carrier. N was dressed and placed in a 'hot cot'. He was 'grunting intermittently', which was not unusual. At 3pm, his temperature dropped to 36.4 degrees, and the temperature of the cot was increased to 39 degrees. N had a desaturation to 67% and was given 60% oxygen support, and was screened. N was presenting "quite typically" for a baby of his gestational age, and there were no overriding concerns at the time of the handover. A second statement by nurse Caroline Oakley said there was nothing to suggest the naso-gastric tube had been physically moved once inserted, nor any difficulties with the tube being initially inserted.
Bef. 6pm - An x-ray result before 6pm recorded that N likely had an infection. (electronic evidence)
6.47pm - Nurse Caroline Oakley recorded at 6.47pm that N's temperature, which had been low, was recovering. A family communication is recorded: 'Dad has visited baby on unit and updated by [Belinda] Simcock. Nurse CO has also visited mum... and updated...' A haemophilia diagnosis is confirmed for N. (electronic evidence)
7.30pm -
LL is recorded as starting her night shift. Shift leader is Melanie Taylor and other designated nurses being Christopher Booth and Sophie Ellis.
Booth has two babies in room 1, including Child N, Ellis had one in room 2 and two in room 3, and
LL had two babies in room 4. Two babies were in transitional care, and another baby was 'rooming in with her parents' - that baby's designated nurse was LL.
A few minutes after 7.30pm –
A few minutes after entering the neonatal unit, LL Whatsapps a colleague and says she had a 'paper handover' as colleague Caroline had gone home.
8pm – Nurse Christopher Booth records 'care taken over approx 2000...oxygen saturations predominantly in mid 90s-100%'. He also records the usual handover checks.
Abt 8pm –
LL texted friends and sent a message to a colleague: “we’ve got a baby with haemophilia”.
Colleague: How many weeks?
LL: 34
Colleague: oh
LL: “everyone bit panicked by seems of things although baby appears fine”.
Colleague: male?
LL: Yeah.
8.04pm –
LL text to colleague: I’ll have to google it later, don’t know much about it
8.11pm –
LL texted her colleague: “complex condition, yeah 50:50 chance antenatally”.
Abt 8.30pm –
colleague: be careful with cannula and blood samples
LL: Oh and had weird FB message from [doctor] earlier
coll: 'Did u? Saying what?' 'Go commando? (cry laughing emoji)
LL: (4 x cry laughing emojis)
LL: 'Asking when I was working next week as wants to talk to me about something, has a favour to ask..?'
coll: 'Think he likes you too...'
coll: 'Hmm did u not ask what it was?'
LL: 'No just said when I was working and he said wants my opinion on something'
LL: Hmm... (puzzled emoji)
coll: 'Hmm'
LL: 'Do you think he's being odd?
coll: 'Thought as flirty as u'
LL: 'Shut up!'
coll: 'What?!'
LL: 'I don't flirt with him!'
coll: 'Ok'
LL: 'Certainly don't fancy him haha just nice guy'
coll: 'Ok'
LL/Coll: The conversation continues back on work, asking why there was a staff shortage on the unit. One of the staff members is speculated to be off with stress.
Night-shift - door swipe data and observation charts for Child N on June 2/3 2016 are entered into evidence.
10pm – The mother first visited the unit where N was. (mother’s statement)
After 10pm –
The conversation on Whatsapp, now continuing after 10pm, discusses another baby's condition.
10.55pm – Dr Jennifer Loughnane registrar’s evidence – Dr JL carried out a routine review, which included an examination of N. Dr JL has noted N's history up to that point in the first 12 hours of his life, and noting a concern of a growth restriction during pregnancy, and the weight of 1.67kg indicating N was "a small baby". No risk factors for sepsis were detected. N was 'screened [for infection] - due to grunting at four hours'. The grunting was, the court hears, due to N having extra fluid in the lungs. N was 'self-ventilating in air', 'respiratory rate 60', 'Sats 96% room air' Dr JL says there were no concerns re N other than the blood disorder he had.
Up to 1am - Further observations are recorded regularly for N up to 1am. (electronic evidence)
3 Jun 2016, Friday
1am - Nurse CB’s statement - He recalls N was stable, with oxygen saturations "almost 100%, and "no abnormalities" present. He says it was likely on the hour when he left for his one-hour meal break, saying he had "no concerns". He handed over care to a nurse, but does not recall who that was. When he returned from his break, he was "surprised" to learn N had become 'unsettled' and 'fractious' suffered a desaturation. He adds he had not been called back from his break.
[opening speech - 1.05am – [1st attempted murder allegation] - N suffered a sudden lowering of his oxygen levels from 99% to 40% - life-threatening levels. He was screaming and cried for 30 minutes. He recovered after emergency assistance.]
1.05am - electronic evidence: Child N then suffered a desaturation at 1.05am. Nurse CB noted: 'One episode whilst I was on my break, whereby infant was crying++ and not settling. He became dusky in colour, desaturating to 40s. Responded to facial oxygen within 1-2 minutes, crying [subsided] after 30 minutes. The note adds N's colour returned to pink perfusion. Nurses Taylor, Ellis, Booth and Thomas gave statements about not being present for the collapse.
[Opening Speeches - Prosecution: Independent experts say his sudden deterioration was consistent with inflicted injury which caused severe pain, or an injection of air. Dr Sandie Bohin said such a profound desaturation followed by a rapid recovery, in the absence of any painful or uncomfortable procedure, suggested an inflicted painful stimulus. She said – “this is life threatening. He was also noted to be … ‘screaming’ and apparently cried for 30 minutes. This is most unusual. I have never observed a premature neonate to scream. Professor Sally Kinsey describes the collapse on June 3 as dramatic with no recognised medical cause.” Defence: the defence say there are "many reasons" why a baby would shout or scream. "It was far more likely to be hunger" - "you certainly won't find evidence of anything else".]
1.10am - Dr JL’s evidence: At 1.10am Dr JL is informed about N having a desaturation. She does not recall who did so. The note at the time records: N 'got upset, looked mottled, dusky, sats 40%, O2 100%'. 'On my arrival, 40% O2,
screaming, sternal recession, poor trace on Sats probe, pink'. Dr JL testifies on her arrival N’s oxygen level had dropped to 40% and he was screaming. She says 40% is a “quite significant desaturation”. She says “screaming” is unusual and “not a word I tend to write in notes very often.” Dr JL testified attempts were made to settle the baby, but she was crash bleeped away. On her return, N's saturation levels recovered to 100%, and he was asleep. The time of Dr JL’s return is not recorded. X-exam: Mr Myers asks about N 'screaming' and being 'pink', which he says if N had suffered a desaturation, he was "certainly recovering" from that. Dr JL agrees. Mr Myers asks about the relevance of the 'poor trace on Sats probe'. Dr JL says she had been told of the 40% sats reading, but on her arrival, she had seen N was pink. Mr Myers says there were no signs of N having any fresh blood anywhere. Dr JL agrees. Dr JL also agrees it is rare to be looking after a baby at the Countess of Chester Hospital - or any hospital - who has haemophilia. The prosecution re-examines Dr JL to clarify the '40% O2 (on my arrival)' note, and ask if that is a saturation reading or the oxygen support for N. Dr JL testifies she cannot be sure, but believes it would be the latter. Prosecution asks if the 40% oxygen saturation recorded by the nurse was inaccurate, it would have been noted as such in medical notes – Dr JL agrees that would be the case. Dr JL says she doesn’t recall if any movements of N associated with his screaming would have affected the security of the [blood oxygen] probe [giving an inaccurate reading].
Bef. 2am – Dr JL’s evidence: The plan was to continue to observe N and carry out the blood gas reading at 2am, indicating the note was made sometime before 2am.
2.04am – Dr JL’s evidence: A blood gas reading is carried out at 2.04am, and Dr JL says there is a raised lactate reading for N. Mr Myers says other than the raised lactate reading, the blood gas record at 2.04am was normal. Dr JL agrees.
2.04am - Nurse CB noted (up to 2.04am): 'No further episodes observed. Oxygen saturations have been consistently mid 90s-100%...in view of earlier episode, infant remains nil by mouth...' (electronic evidence)
8am – End of LL’s night shift
Nurse Ashleigh Hudson takes over care of N for the day shift on June 3. 'Tachypnoeic [my note – rapid shallow breathing] on handover, unsettled' (electronic evidence)
LL messages the same colleague (as at 8pm and 10pm): 'been busy” ...adding what had happened to a number of babies during the night shift, and what staff on duty had been doing. “Glad to be off, survived my nights tho ” (electronic evidence)
Dr Sudeshna Bhowmik records a list of 'problems' for N, including prematurity, jaundice and respiratory distress. A plan was to discuss with Alder Hey Children's Hospital haematology, and that discussion was carried out. (electronic evidence)
A dose of vitamin K is prescribed for N during the day shift.
Abt. 6pm - Nurse Ashleigh Hudson records a 'slightly mucky aspirate' for N towards the end of the day shift, at about 6pm. The note of a summary of care between 8am-6pm records N was 'settled for the rest of the day', with 'minimal aspirates obtained. Aspirates clear with tiny old blood specks. 'Paeds have liaised with AHCH' (electronic evidence)
Dr Bhowmik’s statement - (re. desaturation event at 1.05am 3 June) - He had had 'an episode' where he desaturated to 40%, with colour change noted, but had "settled thereafter" and did not need "supplementary oxygen for very long". The rest of the examination by Dr Bhowmik on June 3 was "normal", and Child N was seen to be pink and well perfused, and doing "well from a respiratory point of view".
8pm nightshift - Nurse Christopher Booth, at the time of the night shift handover for June 3-4, records at 8pm N was settled. A family communication note by nurse Hudson: 'Both parents updated on current condition and plan of care. Mum very anxious, worried about baby being in the incubator. Explained need for it, to keep baby warm and make observation easier.' (electronic evidence)
4 Jun 2016, Saturday
3am - The sequence of events goes up to June 4 at 3am, where Nurse Christopher Booth records 'No significant desaturations, bradycardias or apnoeic episodes observed overnight...' (electronic evidence)
links in part 2 timeline