. DAY 3: INFLICTED INJURIES IN CHILDREN - FRIDAY 11 FEBRUARY 2022. The mother and/or the father and/or the grandmother is the perpetrator of the injuries to S.19. Dr. Karl Johnson is a Consultant Paediatric Radiologist at Birmingham Children's Hospital, and has been there since 1998. The judgment that I gave that day is subsumed into this fuller judgment of the court.02. Naturally the Wards hoped social services would follow suit, but they were in for a shock. Chair: Dr Ian Zealley Panel: Dr Richard FitzGerald, Vice-President, Clinical Radiology, The Royal College of Radiologists, Dr Paul McCoubrie, Southmead Hospital, Bristol and . I record at this point in the narrative that an important incidental date occurred on 15 September 2011, namely the starting date when according to Dr Fairhurst, the first fracture may have occurred. My approach in law to this case has been assisted by the reference made by the advocates to a number of cases in their written submissions. The NPI Enumerator can be reached at (800) 465-3203 or P.O. She said: "How could we celebrate that someone has decided you didn't hurt your child when you know all along you didn't? I therefore granted an adjournment so that a suitable expert could be instructed. (On examination) Crying ++. On 16 September 2011, S was seen for her 6-week check. In the meantime Cambridgeshire applied to the family court for a care order, allowing them to remove William from his parents. Paradoxically, the last fracture-type injury in time to occur (in all probability), the left humeral fracture, was the first to be identified on 22 October 2011. It is not possible to know which incidents or movements caused or gave rise to force sufficient to bring about fractures. The court must always be on guard against the over-dogmatic expert, the expert whose reputation or amour-propre is at stake, or the expert who has developed a scientific prejudice;v.The judge in care proceedings must never forget that today's medical certainty may be discarded by the next generation of experts, or that scientific research will throw light into corners that are at present dark.". Fractures of the antero-lateral aspects of the left 8th and 9th ribs were caused by (a) a direct blow or compressive forces applied to her chest by an adult carer, (b) she would have shown distress for 10-15 minutes and shown discomfort when her chest was moved such as when she was dressed and a regular carer would know this was as a result of these fractures with discomfort lasting for a week. Certificate of attendance upon completion. Yet even after the criminal case collapsed for lack of evidence and a family court finally decided that the parents posed no threat to their son, the couple were astonished to find that the names of the doctors who had given evidence against them were kept secret. Full access to the cases to follow alongside with the sessions. They could offer no explanation as to how the fractures may have happened. The case against the Wards also relied on the view of Dr David Vickers, a community paediatrician, that if no obvious explanation could be found for an injury then child abuse was likely. I found Professor Nussey to be highly knowledgeable in his field; careful; and able to consider and assist the court on all matters put to him. I will quote only two passages, in order to convey the tone and broadly positive view that emerges from this report, at p. 3 and from the Conclusions at p. 16. Determined to establish what was wrong they returned twice to the GP, but he was still unable to offer any diagnosis. The impression given by this family and the parents and grandmother in particular is that they were a normal family dealing with their second baby, which by all accounts up to 13th October and indeed to 22nd October appeared to be unexceptional. Mr Johnson, who is chairman of the British Society of Paediatric Radiology and works as a consultant at Birmingham Children's Hospital, told police that in his view William had suffered repeated fractures and had a history of being abused. Mindelsohn Way The burden of proof lies on the local authority and they have to satisfy the court on the balance of probabilities: see Re B (Care proceedings; standard of proof) [2008] UKHL 35. Furthermore, Professor Tim David, an expert paediatrician, told the court that in this and many other cases, police and social workers were wrong to assume that an unexplained injury could normally be attributed to child abuse. T would often watch attentively as the parents and grandmother would feed S and hold her. 8. The Health Visitor produced her records in evidence and explained that on such an occasion, the parents would undress the child and lay her on the changing mat or if the baby was being weighed, on the scales. The constellation of findings is highly indicative of non-accidental injury by an adult. 41 0 obj <>/Filter/FlateDecode/ID[<2E609F2171D9B848924D49576AA30896>]/Index[34 24]/Info 33 0 R/Length 56/Prev 68695/Root 35 0 R/Size 58/Type/XRef/W[1 2 1]>>stream It was only fair, in my judgment, to communicate those to the parties as soon as possible with my reasons in a primary judgment with a fuller judgment to follow to bring the period of waiting for the result to an end for the family as well as for other parties. Read, highlight, and take notes, across web, tablet, and phone. DR KARL JOHN JOHNSON is a Consultant Radiologist from Birmingham. The x-ray of the left femur had been reported as showing no bony injury on 13 October 2011 and no obvious metaphyseal infraction. I note his view that osteogenesis imperfecta was 'exceptionally unlikely.' 4. Apyrexial. I have heard the evidence of the experts as follows: (1)Dr Fairhurst, consultant paediatric radiologist, and read her reports, notably that of 13th February 2012; (2) A Consultant Paediatrician and his report of 5th March 2012; (3) I have heard the evidence of Professor Steven Nussey, Professor of Endocrinology, and read his reports of 10th and 22nd July 2012; (4) I have heard the evidence of the mother; the father; and the grandmother, and read their statements filed in this case; (5) I have heard the evidence of the health visitor. Her responses in the Schedule point out that the allegations are made on the presumption that S did not have any genetic abnormality or bone disease. It was noted that the parents were unsure how the fracture may have happened and there had been no recent accidents of falls. At 22.30, a further medical clinician's note was written, although the authorship is not clear. He has a special interest in paediatric musculoskeletal disorders, in particular juvenile arthritis and non-accidental injury. This led them to suspect that he may have caught his right leg between the bars of his cot and the mattress of their own bed, causing him to fracture it as he struggled to pull it clear. There are a number of other features of the evidence about the parents which I must take into account as part of the 'wide canvas' of evidence that I have surveyed. To summarise further, I have noted the pattern of the family's care for the children and reviewed the detail of the entries in the GP records which record S's progress and visits with the record of her developing a tendency to cry a lot from 17th August 2011 and the advice that it was possibly colic; the parents' use of Infacol and S's response to that. I have also noted the guidance to be derived from Re U: Re B (above) given by Butler Sloss P at paragraph 23: "In the brief summary of the submissions set out above there is a broad measure of agreement as to some of the considerations emphasised by the judgment in R v Cannings that are of direct application in care proceedings. On 22 October a skeletal survey was performed and reported on by Dr Steven Johnson, Consultant Radiologist. S's Vitamin D levels were borderline on 2.11.11 and were never higher than insufficient. Caroline Coady Specialty: Gastrointestinal Radiology. Dr. Her research interests are in the imaging of suspected child abuse and skeletal dysplasias and in methods of determining which children have fragile bones prone to fracture and which do not. 44. The local authority issued care proceedings on 2nd November 2011. The parents' observations are also a matter of record, as are the consultants' examination. courses@infomedltd.co.uk+44(0)20 4520 5081. Ms Soffa has gone to considerable lengths and much detail to expose what are submitted as matters on which I should mistrust the evidence of the parents or confer on their evidence only little weight. 07. I do not form the impression that they could be seen then or with hindsight can be seen now as a family seeking to hide their ill-treatment of S from the authorities. This led to a referral by the consultant paediatrician from the local hospital to Social Services. The fractures at 2, 3 and 6 above were only identified by Dr Fairhurst. )_______________. Left leg thigh bone fracture, a torus fracture of the distal left femur (30th September-10th October 2011). The Wards were arrested and questioned by police on suspicion of grievous bodily harm and child cruelty towards William. The concerns of the local authority and the allegations raised against the family members arise from the appearance on X-ray scans first seen on 22nd October 2011 of a significant fracture to S's left upper arm. The GP was unable to identify the cause of William's pain, but on returning home the Wards noticed his leg was swollen. She states that they do not occur accidentally and this type of fracture is highly indicative of non-accidental causation requiring a force well in excess of that used in normal day to day handling of an infant. DAY 2: EMERGENCY PAEDIATRIC IMAGING - THURSDAY 10 FEBRUARY 2022 Metaphyseal bucket-handle fracture of the distal right radius caused when (a) her right wrist had been pulled and twisted by an adult carer; (b) any person present would be immediately aware she had suffered a significant injury. The father maintains that there could be some natural explanation for S's injuries.38. After the birth it became apparent he had a medical problem with intestinal obstructions and severe constipation, requiring a good deal of medical attention and a surgical procedure at 3 weeks. We adopt the following: i. Tell us your views in a simple 5 minute survey to help us make the service even better. 17. 14. However, the medical professionals did not note any problems with S on 20th October 2011 despite Dr Fairhurst's dating of the fracture between 16th October 2011 and 19th October 2011. A revised care plan was approved for the rehabilitation of S to the care of her parents. Her evidence was that S was crying, being "fractious and miserable but not hugely distressed", happier lying down than being held. S had only been in the house with the parents, grandmother and T. Investigations were put in hand. I make this observation. Have you had a video or telephone consultation with us? The local authority place considerable weight on the evidence of Dr Fairhurst as to the interpretation and significance of the X-rays, the report of 13th February 2012 and the evidence as to the mechanism of injury in relation to spiral fractures, metaphyseal fractures, fractures of the antero-lateral aspects of the ribs and a torus fracture raise very serious implications for the family members. The final section details the imaging findings in a wide variety of clinical conditions. 12. S was referred to hospital as a paediatric emergency, the GP's impression being "?? He confirmed the presence of the humeral fractures and rib fractures and, following further X-rays, identified what he thought was a healing fracture of the proximal left tibia. The father states that S cried more than usual and that this was reported to medical professionals on 20th October 2011 and 22nd October 2011. It was inevitable, that the local authority had to bring this case to court. On 3 August 2011, S and the mother were seen at home by the Community Nurse, and the record shows that the mother had no concerns. Dr Neil Stoodley, Consultant Neuroradiologist, Bristol Royal Hospital for Children Dr Caren Landes, Consultant Paediatric Radiologist, Alder Hey Children's Hospital, Liverpool Dr Karl Johnson, Consultant Paediatric Radiologist, Birmingham Children's Hospital Dr Sally Old, Medical Defence Union 11. She was discharged from hospital on 25 July 2011. The scans were sent for further expert review by Dr Karl Johnson, paediatric radiologist at the Birmingham Children's Hospital. hmk0^g? He identified irregularity in the distal left femur in an earlier X-ray taken on 13th October 2011, but after further scans concluded that there was no fracture of the distal left femur. Catch-up service: Paediatric Radiology 2022, Catch-up now with our case-based Paediatric Radiology webinar that took place in February 2022. At para. He has a special interest in paediatric musculoskeletal. There is no evidence of drugs or alcohol abuse, of anger or violent outbursts, of short temper, volatility, irritability or dysfunction. Our imaging courses are very much an interactive experience. On 19 August 2011, two days later, there is a record in the GP notes confirming a visit by the mother and father with S. She was seen by the GP. Right wrist fracture, a metaphyseal (bucket-handle) fracture of the distal right radius (difficult to date). The conclusions are positive. These are referred to in more detail in her evidence and indeed in the local authority's threshold document, and she has set out fully in her expert report to the court her opinion on the fractures she found, the dating of S's injuries, the mechanism of injury, possible explanations and her conclusions. The responses of the parents and the cases which they have put before the court appear in summary form on the Scott Schedule. s Pediatric Diagnostic Imaging textbook is renowned as one of the oldest and most prominent general textbooks in the field of paediatric text consists of two reasonably sized volumes covering all key areas using an intuitive systems-based approach. The court had no expert views on these aspects or on a number of potential issues relating to bone metabolism. Stream every session from the webinar for up to 90 days. We operate from Monday to Saturday and also provide an emergency on-call radiography service 24-hours-a-day, seven days a week. It is further positive that the professionals involved with the family have reported no concerns regarding the children's wellbeing whilst in the care of their parents prior to S being admitted to a local hospital with a fracture to her left femur.'. No local tenderness in leg or hip", S was x-rayed, but nothing abnormal was observed. (4) He accepts that in relation to injuries such as these some force has to be applied. 42. On the balance of probability T could not have caused the injuries to S either by (a) jumping on the family bed whilst S was lying on it or (b) pulling her bouncy chair when she was in it. A spiral fracture requires a force to cause a fracture in this way that is 'well beyond that used during normal day to day handling.' The maternal grandmother's position can most usefully be seen as set out in her position statement of 12th March 2012. She also asserted that in her view there was no correlation between Vitamin D deficiency and fractures nor was there an increased propensity to fracture due to a Vitamin D deficiency. As to the grandmother, she gave evidence by Skype from Sri Lanka and as I have earlier said her evidence was subject to unavoidable and unfortunate technical difficulties. X-rays I have also noted in relation to the injuries that it is 'always open to a judge to rule that the cause of the injury remains unknown' and the case of Re R (Care proceedings: causation) [2011] EWHC 1715, a decision of Mr Justice Hedley. Any specialty ,8KaF"*w!$uOEF!1 37. My close examination of this material has focused on the parents' accounts as well as on the evidence they have subsequently given about what they saw. You'll get immediate feedback and learning points from our expert faculty member. The report states that S: 'cried a lot last few weeksMore over last 2 weeks and then doesn't want to be fedTends to cry more in the eveningHave used Infacol under advice from the H/V but no improvement yet. 16 the following conclusion was offered, and the parents are referred to as N and D: 'Throughout the assessment period N and D were observed to provide a high level of emotional warmth, mental stimulation and basic care for S and T which they sustained throughout the contact sessions. AbeBooks.com: Paediatric Radiology (Oxford Specialist Handbooks in Paediatrics) (9780199204793) by Johnson, Karl; Williams, Helen; Foster, Katharine; Miller, Claire and a great selection of similar New, Used and Collectible Books available now at great prices. The child appears by her children's guardian and has been represented by Miss Dixon. %PDF-1.6 % You will maintain your access to the resource throughout your 60 day catch-service period too. When to refer and why Dr Rajendranath Sinha, The Newcastle upon Tyne Hospitals NHS Foundation Trust Left upper arm fracture, a spiral fracture of the distal shaft of the left humerus (16th-19th October 2011). 4. I never observed either parent react angrily towards each other or either child. The second section discusses the differential diagnosis of radiological features. The maternal grandmother ('the grandmother') is also a party, as she was present in the family home at the material time, and has been represented by Miss Trustman. Steelhouse Lane Arrested, charged by police and threatened with having their child taken away by Cambridgeshire county council's social workers, it took two years for the Wards to clear their name. In his report of 25 October 2011 the Consultant Paediatrician confirms that ophthalmological testing showed no evidence ocular trauma with healthy discs and no retinal haemorrhages seen. 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