The prosecution say Lucy Letby attempted to kill Child I on September 30, on October 12, on October 14 and on October 22, the last date being Child I's death.
BABY 9 SUMMARY [Baby I]
Baby 9 was a 27 week, 970 gm birth weight, female infant, with intrauterine growth restriction (IUGR),
who was born after premature rupture of membranes at Liverpool Women’s Hospital. She was treated
for mild respiratory distress syndrome (RDS) with respiratory support and antibiotics for sepsis
beginning on day 1 of life, and with intravenous and enteral feeds by oral tubing. She developed
bradycardias, respiratory distress and an elevated white count, leading to her first of 5 transfers to 4
hospitals on day 12 of life. She developed chronic lung disease (CLD), abdominal distension and
recurrent episodes of apnoea, desaturation and bradycardia requiring resuscitation and ventilation. She
had viscous, gelatinous secretions from her airway and mouth that were associated with frequent
blockages of her endotracheal tube (ETT), and “sticky stools”. A registrar stated that “It’s not unusual
for babies on breathing support to get secretions but it was a bit unusual for them to be so stubborn at
being removed.” Testing for cystic fibrosis was sent. She had an episode of lung collapse. At 2½ months,
she had an episode of severe apnoea, bradycardia, desaturation and heart block and deceased.
CONVICTION
It was alleged that air was ‘injected’ into Baby 9’s stomach via a naso-gastric tube, leading to recurrent
episodes of abdominal distension, “splinting” of the diaphragm, and respiratory arrest. On 13/10/15, it
was alleged that the apnoea alarm was deliberately turned off, resulting in delay in response to a
collapse. On 15/10/15, it was alleged that air was injected into her intravenous tubing, causing air
embolism and death.
PANEL OPINION
Baby 9 was a very preterm, IUGR infant with respiratory distress syndrome and chronic lung disease.
Stenotrophomonas maltophilia, was detected in surveillance cultures from her ETT. S. maltophilia is a
multiresistant opportunistic pathogen that can colonize the airway in “biofilms” that are resistant to
antibiotics and generally impossible to clear in patients with chronic lung disease. The thick secretions
can block ETTs and interfere with ventilation in the small airways of these vulnerable infants, which
together with other factors like chronic lung disease, lead to recurrent episodes of apnoea, desaturation,
bradycardia, respiratory failure, and collapse. S maltophilia colonisation would have further compromised
her ventilatory capacity. The initial abdominal distension was likely due to sepsis causing ileus or to
lactose intolerance, as there was a family history and stools were positive for reducing substances. The
repeated abdominal x-rays showing intestinal gaseous distension were all taken after resuscitation, and
air was likely introduced by bagging. A nurse explained that the reason the apnoea alarm did not sound
was because “The apnoea alarm goes off if there is a 20 second period of no breaths, but because she
was gasping and it was less than 20 seconds, it hadn’t gone off.” There is no evidence that air embolism
was involved. Baby I was not treated for S. maltophilia.
CONCLUSIONS
1. Baby 9 died of respiratory complications caused by respiratory distress syndrome and chronic lung
disease, complicated by S. maltophilia colonization.
2. The doctors failed to respond to surveillance warnings about S. maltophilia, did not recognize the
diagnosis, and did not treat her with the appropriate antibiotics. This was a likely preventable death.
3. There is no evidence of air causing splinting of the diaphragm or of air embolism.
4. There is evidence that the apnoea alarm was not turned off.
Mr Myers refers to the case of Child I, which he says has a lot of detail to it. He says Child I was very small and "fragile" and "capable of deteriorating from almost nothing". He says this was evidence heard from her time in Liverpool. He says nurses would talk of Child I 'having a big tummy', and Dr Bohin agreed there were multiple occasions noted of a distended abdomen. He says Child I regularly presented as "mottled".
Mr Myers refers to an event of 'abdominal distention' on August 23, which experts had agreed was 'consistent of harm', but is not on the sequence of events and Letby was not on duty. He says there is an 18-hour period from September 5-6 where Child I deteriorated from being a well baby, to the point she was transferred to Arrowe Park Hospital. Mr Myers says it shows how quick Child I could deteriorate, and "she was not doing well".
He says, for the first event [that Letby is charged with], the cause of the collapse on September 30 was said by Dr Evans and Dr Bohin to be air down the NG Tube. Mr Myers says this is the event with Letby's note which the prosecution took issue, that there was 'no doctor review', and she was 'lying about a fictional review at 1500'. He says the agreed evidence by Child I's mother said she was changing Child I's nappy when a nurse she later found to be Letby said Child I's stomach appeared swollen. In a second statement by Child I's mother, she said the first time she saw Letby was 3pm, and remembered Letby 'I'll go and get the doctor to come and check her.' The mother said she agreed, and a female doctor went and checked Child I.
Mr Myers says for the 4pm event, Letby calls for the doctors "in good time", and 'that is all'. He says for 7.30pm, nurse Bernadette Butterworth had said Child I's air in the tummy increased from Neopuffing, and that can push the diaphragm up. He says breathing support can cause abdominal distention, and that can be applied from as little as Neopuffing.
He says for the second event of Child I, this event is the 'what could Lucy Letby see or not see?' He says one of the issues in this case, staffing experience levels are a factor. He says Letby had said nurse Ashleigh Hudson was 'quite inexperienced'. He says Child I was on antibiotics up to a few hours before the collapse, not 48 hours as the prosecution had said. He says as there are no heart rate or respiration observations being recorded, it could not be said how stable Child I was before the collapse.
The trial is resuming following a short break.
Mr Myers says Ashleigh Hudson had been away from nursery room 2 'for about 15 minutes', and when she comes back, no-one is in the nursery. He says Letby is in the doorway of 'a small room'. He says there was 'certainly enough light' for nurse Hudson to feed Child I. He says she 'embarked on a lighting reconstruction' five years later, with the lighting level 'made for the purpose of this investigation'. He says the light would be 'so dark' to 'put the milk in the bottle'. He says Nicola Dennison said the babies were arranged so you can look at them. He says the defence case is that is at odds with what Ashleigh Hudson had given.
Mr Myers says Letby had, in cross-examination, said she had more experience what she was 'looking for - at.' He says this was the fifth day of cross-exmanation, when Letby was increasingly tired and finding it difficult to concentrate. He says there is no meaningful difference between the words 'for' and 'at'. He adds room 2 has a window between the corridor and the nursery. He says it is "unrealistic" to say the room was "impossible" to look in and see babies.
Mr Myers asks what evidence there is for air embolus, as there was no NG Tube. He says Dr Bohin relied upon discolouration of sternum. He says extensive CPR took place on Child I after this collapse, and there was bruising as a result. Mr Myers says there is no clear basis as to what have happened, unless someone had used a 'mobile NG Tube in the most improbable of circumstances'.
Mr Myers says abdominal distention is a running theme for Child I, and while that does not mean harm was not done, it does not alone form the basis of an intent to kill. He says: "we keep having incidents where Letby isn't doing anything she shouldn't do". He says the defence are critical of the theory of air down the NG Tube. He says it is a theory that has been done to support the prosecution. He asks how much air is needed, and how long it takes.
He says for the final event, there are two signficant desaturations, one just before midnight, seen by Ashleigh Hudson, who is not sure why. He says there is a similar event at 1.06am the following morning, on October 23, when Child I does not recover and dies at 2.30am. He says the difference with the latter is Lucy Letby is there. He asks what the difference is between the two events. He says Child I was a very poorly baby before this night, and Child I "would have been under terrible stress".
Mr Myers says Dr John Gibbs noted: 'Poor response to second resuscitation might have been to heart being compromised by previous...collapses'. He says the evidence was the abdomen became distended in response to the first collapse, as Ashleigh Hudson had noted the 'abdo soft' at 23.57pm. A radiograph after the collapse showed a distended abdomen. He says Dr Evans and Dr Bohin 'made a lot' of Child I's crying at the time. He says the experts had worked this symptom in during the course of their evidence as a sign of air embolus. He asks whether there was supposed to be an air embolus at 11.57pm, at 1.06am, or both.
Mr Myers asks about the allegation Letby amended a time on a document: "So what?" He asks about the relevance of it. He asks what is meant to establish that it was done deliberately, rather than a mistake.
He refers to the sympathy card Letby had sent for the parents of Child I, a photo of which was taken while she was at work. He says another photo was taken of a card she had sent to some friends. He says it had been heard this was something she did. He said the sympathy card was sent as she could not go to the funeral of Child I. Mr Myers says evidence had been heard by Lucy Beebe saying Letby was 'crying' after the death of Child I, saying: 'Why is it always me?' He says that was a genuine response by her.
Intelligence analyst Claire Hocknell is recalled to talk the jury through the sequence of events for Child I.
This sequence of events will focus on 'the first event' for Child I, which happened on September 30, 2015.
7th August-13th September 2015
8.47pmChild I was born at a gestational age of 27 weeks at 8.47pm on August
7, 2015. She was transferred to the Countess of Chester Hospital on August 18, being cared
from 8.30pm. She was transferred back to Liverpool on September 6, before going back to
Chester on September 13, at 11pm.
21st-29th September 2015
On September 21, Letby was working a long day shift.
During that day, Child G suffered a significant deterioration at 10.15am. Letby worked a
number of night shifts on September 23, 24, 25 and 26. during this time, Child I suffered
two significant deteriorations. Letby then had a few days off work before returning on
September 30.
A note by the day shift nurse, Shelley Tomlins, gave a brief update on Child I for September 29, recording the mother had been present for 'cares', and regular 35ml feeds of expressed breast milk and fortifier were administered every three hours. A subsequent note recorded Child I 'remains pale but managing to complete bottles (slow to feed as windy).'
The overnight shift nurse, Jennifer Jones-Key, said Child I continued to be fed regularly, with her tummy 'full but soft', and the father present for cares.
30th September 2015
The court is now resuming after a short break. The sequence of events
is now going on to the day shift of September 30, 2015, which has Lucy Letby as a designated
nurse.
Letby was looking after three babies in room three that day, including Child I. Child G was in room 2, with two other babies. Two babies were in room 1.
10am-4pm: Consultant paediatrician Dr Elizabeth Newby records, as part of an inspection for Child I as part of a 'grand round', for feeds to continue. Feeds are continued for Child I during the day at 10am, 1pm and 4pm, of 35mls expressed breast milk and fortifier. The 10am feed is by bottle, the 1pm and 4pm are via nasogastric tube with Child I being recorded as asleep for the latter two feeds.
12.15pm: On September 30, at 12.15pm, Child H is transferred back to the Countess of Chester Hospital.
1.36pm: At 1.36pm, Letby records Child I's temperature in the hotcot.
She adds, after a note on the 3x8 feeds: "'Abdomen appears full and slightly distended. Soft
to touch, [Child I] straining++. Bowels have been opened. Mum feels it is more distended to
yesterday and that [Child I] is quiet. Appears generally pale. Not on monitor...[will
continue to monitor situation]"
1.48pm: "Mummy visiting, carrying out feeds and cares".
1pm: A note for the feed at 1pm is read out to the court - 'EBM+fortifier, NGT, vomit aspirated 5ml, ph5'. It is signed by Letby.
3pm: Letby records, for 3pm: 'Reviewed by Drs as [Child I] appeared mottled in colour with distended abdomen and more prominent veins. Advised to continue. Temperature within normal range with hot cot at 38 degrees. Full monitoring recommenced. within normal range.' Observations are commenced more regularly for Child I, the court hears.
4pm: A 35ml feed at 4pm for Child I has an aspirate of 3ml, with Child I 'asleep'. It is signed by Letby's initials. Letby notes: 'did not wake for feed at 1600 therefore NG Tube feed given'.
4.30pm: Child I then suffers a deterioration at 4.30pm. 4.30pm on the feed chart records, for Child I, 'large vomit and apnoea - nil by mouth'. It is not signed by anyone.
Letby notes: 'At 1630 [Child I] had a large vomit from mouth and nose++ suction given. Became apnoeic with bradycardia and desaturation (30s). Help summoned and IPPV given for approx 3min in 100% oxygen to recover. Drs were crash called. Transferred to nursery 1...' A doctor [who cannot be named] records he is crash called. He notes 'Chest clear... Abdomen distended, active bowel sounds all zones'
5.23pm: Letby's mentor replies to a message Letby had sent earlier, expressing birthday wishes, at 5.23pm: 'Ah thank you so much. You ok? x'
5.39pm: An x-ray is taken of Child I at 5.39pm, with the radiologist recording: 'There is splinting of the diaphragm due to bowel distension...there is moderately severe bowel distention which is thought to involve both large and small bowel. The appearances are suspicious of NEC...'
5.45-6pm: Medication of glucose and sodium chloride is co-signed by Letby at 5.45pm and 6pm. A CRP blood reading for Child I is 'less than 1'.
7.30pm: Child I suffered another deterioration at 7.30pm. Letby's notes, written in retrospect at 8.26pm, record: 'At 1930 [Child I] became apnoeic - abdomen distended++ and firm. Bradycardia and desaturation followed, SHO in attendance and registrar called... Nil by mouth. NG tube on free drainage. Cannula inserted but tissued during saline bolus (5mls given). Colour appears pale but improved from earlier in shift. Abdomen appears full and distended. Veins more prominent. Not further vomits. Responsive but quiet on handling.' For the family communications: 'Mummy present when reviewed by Drs. Had left unit when [Child I] had large vomit and transferred to nursery 1. [Mother] up to date with current plan...' Nurse Bernadette Butterworth, who took over care of Child I for the night shift, records: 'During handover [Child I] abdo became more distended and hard she had become apnoeic and bradycardic and sats had dropped. IPPV given and despite a good seal with Neopuff there was still no chest movement...'
8pm: The doctor records 'ticks' for temperature instability and apnoea for Child I at 8pm.
8.26pm: Letby's final note from 8.26pm: '[Child I] is now very pale and quiet.'
Letby responds to her mentor: 'Yes thank you. Hope you are enjoying your celebrations. X'
8.30pm: Bernadette Butterworth inputs an incident, written at 8.30am [on 1st October] for 8.30pm the previous night, about administering an antibiotic infusion over 10 minutes instead of 30 minutes. 'Although correct dose was given it was delivered at a faster rate. When aware of mistake, infusion was adjusted. Reg and shift leader informed'.
The court is shown a series of text messages sent to and from Letby's phone from that night.
The text messages related to one of Letby's female colleagues having an argument with another nurse who 'snapped at her'. Letby messages Jennifer Jones-Key to say: "I am a bit up and down. Have not had nice shifts and not been feeling supported by some people." Letby messages another colleague: "Let's run away!!!" and the subject turns to moving away to New Zealand, which one of the nurses is planning to do. Letby said she could not do so as it would mean leaving her parents behind, they would be "completely devastated". She said she had come to Chester for university and did not go back to Hereford, and added: "I feel guilty being so far away often", but it was what she wanted.
10.09pm: Letby messages colleague Alison Ventress at 10.09pm: "Families are tough aren't they!" followed by two sad face emojis. Alison Ventress replied: "Some more than others!..."
Letby messages Jennifer Jones-Key to say she had been originally taken off the September 30 shift for working the previous Wednesday night, but was later put back on the shift.
The sequence of events relays medications which were given to Child I throughout the night shift, along with regular observations.
1st October 2015
For the day shift on October 1, Ashleigh Hudson was the designated
nurse, who continues to record observations for Child I.
8.44am: Bernadette Butterworth recorded Child I, at 8.44am, was 'handling much better without desats/Bradys'. Was initially very pale colour has improved, abdo remains distended and firm but less distended than at beginning of shift'. The parents were made aware of the plan of care. A doctor, during the ward round, said it was considered to restart feeds for Child I. The parents were concerned Child I may be lactose intolerant, and that had possibly led to abdominal distention.
Letby messages her mother on October 1 to say she has arranged her shifts so she will be off for Christmas, and will be visiting her parents at that time. The mother replies: "That's fab, I could cry"
Afternoon: (From Chester Standard Article) On the afternoon of October 1, Letby messaged a colleague: " was found gasping in cot, full resus and vented. Don’t know why. Wasn’t nice."
1.36pm: Ashleigh Hudson records, at 1.36pm: [Child I] appears pale but pink and well perfused...' followed by a number of medical notes.
7.48pm: The sequence of events goes to the end of October 1, with Ashleigh Hudson recording at 7.48pm: Review by Paeds SHO...abdomen is softer and less distended, ? start cautiously feeding...' Both parents were updated on the plan of care.
5th October 2023 1.16am: Letby searches for the mother of Child I on Facebook at 1.16am on October 5.
On November 5, 2015, Letby searches for the mother of twins Child E and Child F at 11.41pm, then searched for the mother of Child G at 11.44pm and, in the same minute, a search for the mother of Child I. Letby also searched for the mother of Child I at 11pm on May 29, 2016.
Cross-examination
Benjamin Myers KC, for Letby's defence, is asking Claire Hocknell
questions. He asks about the feeding chart in connection with nursing notes by Lucy Letby at
1.36pm on September 30, with addendum at 1.48pm. The nursing note was written at 1.36pm,
covering 8am-1.36pm, and the family communication is timed at 1.48pm 'mummy visiting,
carrying out feeds and cares'. Mr Myers says the feeding chart for 8am-1.48pm shows one
event of mother coming for feed that morning. He says the family communication isn't timed,
and can refer to the period of 8am-1.48pm, not the time the note was written at 1.48pm.
Mr Myers refers to hourly observation charts which on occasions are not signed. He refers to two which happened in the case of Child C, where there was an hour which was not signed. The nurses who signed for each hour either side of that are not Lucy Letby, but signed by her colleagues.
Observation charts which are not signed by initials are also shown for Child I, with three in a row not initialled.
Kate Tyndall, intelligence analyst, has now returned to talk the jury through neonatal reviews for Child I.
14th October 2015
The following is from The Chester Standard article dated 1st February 2023:
In WhatsApp messages read to the court, Letby asked a colleague on the afternoon of October
14 if Child I was staying on the unit.
She added: "I'd like to keep her please."
Her colleague, who cannot be identified for legal reasons, replied: "Yes. Staying for now. OK re keeping."
An hour later the colleague messaged: "I've had to reallocate. Sorry."
Letby said: "Has something happened?"
The colleague replied: "No. Was just asked to reallocate so no one has her for more than 1 night at a time. Or 1 shift. Not just night." Letby responded: "Yeah that's understandable."
17th October 2015
Claire Hocknell, intelligence analyst for Cheshire Police, has
returned to talk the court through the sequence of events for Child I, focusing on the
'fourth event' in late October 2015. The sequence continues from Child I returning to the
Countess of Chester Hospital at October 17, with charts and observations shown from October
22, after Letby had been off work.
22nd October 2015
3.04am: Nurse Ashleigh Hudson records, for October 22 at 3.04am, that Child I
was 'pink and well perfused', with saturation levels above 96%, abdomen 'soft and
non-distended'. Child I was 'unsettled at start of shift and rooting, settled with dummy.
Settled and sleeping at present'.
8am: Nurse Caroline Oakley recorded, for 8am on October 22, Child I's observations were satisfactory. Further observations by a colleague said Child I was 'pink, alert, active handling well'.
At the end of the day, Child I was noted to be very hungry. Hourly observations, the prosecution say, were carried through the day and were "unremarkable". Letby begins her night shift that evening. A slide is shown to the court showing Child I was in room 1 with one other baby. Ashleigh Hudson was the designated nurse for both babies. Letby was the designated nurse for a baby in room 2 and one in room 3. Another baby in room 3 was Child G. Two babies were in transitional care, and there was another baby whom the prosecution have been unable to confirm their location for that night.
7.45pm: Ashleigh Hudson records Child I, at the start of her shift at 7.45pm on October 22, was 'unsettled and rooting at start of shift, settled with dummy and containment holding'.
Letby messages a colleague to say that night had 'only 8 babies' in the unit, and there is a discussion over transporting a baby to Stoke. She adds: "I think I need to see greys anatomy !!!" Later in the conversation, Letby messages to say Child I "had abdo scan that was fine".
Letby messages colleague Jennifer Jones-Key, who had enquired "How's work". Letby replies that one of the babies she is looking after that night is being transported out that night. The prosecution say that would then leave her with one designated baby that night.
10.57pm: Ashleigh Hudson records at 10.57pm, 'long line removed due to constant occlusions. Neonatal nurse Lucy Letby unable to flush...' The long line was removed and the TPN [nutrition bag] was moved to a peripheral line. Child I was observed to 'tolerate this very well'. 'Sucrose offered, but happy with dummy'. Child I was 'pink and well perfused'.
11pm: The jury is returning after a 10-minute break, and the trial is now resuming. Claire Hocknell is continuing to talk through the sequence of events, from 11pm on October 22, 2015. An observation chart shows three-hourly observations are made for Child I through the day (e.g. 11am, 2pm, 5pm, 8pm), but no record is made at 11pm.
11.57pm: Nurse Ashleigh Hudson records a retrospective note at 11.57pm that
Child I was "very unsettled...due to hunger as rooting. Dummy offered and containment holding
to no effect."
"After repositioning, [Child I] became quiet, apnoeic and dusky in appearance. With help
of neonatal nurse Lucy Letby, repositioned [Child I] on to her back, and at first applied
Neopuff with 30% O2..."
Midnight: A crash call was made to the unit at midnight. Cardiac compressions began. Dr Rachel Chang records, at midnight, confirming being crash called and giving chest compressions. Ashleigh Hudson records consultant paediatrician Dr John Gibbs is also called to the unit. He arrives, according to swipe data unit, at 12.06am.
23rd October 2015
12.23am: Child I was put on to a ventilator, was more alert, and crying. The
abdomen was soft and not distended prior to ventilation, the court hears. An x-ray is
carried out at 12.23am.
12.35am: Child I was extubated and 'coped well', was 'relatively settled' and 'sucking dummy' at about 12.35am. Dr John Gibbs recorded Child I had been 'resisting ventilation', so was extubated. The cause was recorded as 'likely generalised lung collapse'. In the plan: 'If further similar collapses will need full ventilation (with paralysis)'. Nurse Ashleigh Hudson records informing the parents of what happened.
At 1.06am, there is a further event for Child I - another collapse, the prosecution tells the court. Nurse Ashleigh Hudson records: 'Child I became unsettled again. Dummy/sucrose offered with no effect. Slowly became dusky and O2 dropped to 60s, HR 70s. Ran to labour ward theatre to inform [senior staff].' Letby was one of two nurses administering breathing support to Child I via Neopuff. Dr Rachel Chang is recalled to the unit, arriving at 1.12am. Compressions restarted and Child I was reintubated. At this time, Child I's mother had rung the hospital and she was advised to attend hospital immediately, the court hears.
1.22-1.25am: Adrenaline is administered to Child I and Dr John Gibbs is called to the unit again. He arrives at the unit at 1.23am. A saline bolus is administered to Child I at 1.22am. The medication is co-signed by Lucy Letby and Christopher Booth. Dr Gibbs records, for 1.25am, Child I had 'poor perfusion - mottled, purple-white'. Sats were in the '70s, pulse 50-60'. More adrenaline is administered, along with sodium chloride and atropine.
1.38-1.45am: A dose of 10% glucose is administered at 1.38am, co-signed by Ashleigh Hudson and Christopher Booth. Another dose of adrenaline, the fifth, is made at 1.40am, co-signed by Lucy Letby and Christopher Booth. The administration of calcium gluconate is made at 1.40am. A sixth dose of adrenaline is made for administering at 1.43am. Compressions stopped at 1.45am, having begun at 1.16am. Dr John Gibbs adds Child I 'remained mottled and poorly perfused'.
At 1.50am, Dr John Gibbs records: 'HR to 70, sats 70-80 and no pulse palpable. Cardiac compressions restarted at 1.50am'.
1.56am: Another dose of adrenaline, the seventh, is made at 1.56am, followed by an eighth at 2am.
2.10am: Dr John Gibbs records Child I was 'not responding to prolonged resuscitation and although her heart was beating there was no effective circulation. 2.10am hr 40/min on monitor - no pulse (but heartbeat audible without cardiac compression)'. Ashleigh Hudson records she and Lucy Letby had spoken to the parents about what had happened, and a decision was made to bathe Child I.
2.30am: Child I's time of death was recorded as 2.30am on October 23, 2015.
6.25am: Ashleigh Hudson records, at 6.25am: 'NGT on free drainage, produced 2mls. Minimal aspirations of clear mucus and air++ during both resuscitations'.
6.51am: A colleague of Letby messages her at 6.51am: 'Hey u ok? Good shift? x'
11.58am: Another colleague messages Letby at 11.58am: 'You ok? I heard about last night. Did you have [Child I]? Xxx'
End of Day: Caroline Oakley records at the end of the day, '[Child I] with parents and family in bedroom 2... They have expressed they are very unhappy with AHCH [Alder Hey Children's Hospital] for failing to accept [Child I] for her barium enema, and want her back from AHCH post-mortem ASAP. Bereavement co-ordinator has spoken to them...'
A post-mortem examination of Child I takes place on October 26.
On November 5, Letby searches for the mum of Child E and F, then the mum of Child G, then the mum of Child I in the space of three minutes between 11.41-11.44pm, on her day off.
10th November 2015
The funeral of Child I takes place on November 10.
At 7.34am that day, Letby has a photo taken of a sympathy card she has written to send to the parents. The card is titled 'Your loved one will be remembered with many smiles'. It adds, in Letby's handwriting, 'Lots of love, Lucy x' on the front. On the other side of the card, Letby has a handwritten message, in which she wrote: "There are no words to make this time any easier. "It was a real privilege to care for [Child I] and get to know you as a family - a family who always put [Child I] first and did everything possible for her..." The message concludes with Letby saying she was sorry she could not attend the funeral.
Previously, the court heard from the prosecution that Lucy Letby was asked by police about a sympathy card she had sent to the child's parents. She said it was not normal to do so - and this was the only time she had done so.
The trial is now resuming, with intelligence analyst Claire Tyndall returning to court, to talk through the neonatal unit review schedule in late October 2015.
Mr Myers moves on to the case of Child I, a baby girl born on August 7, 2015 at Liverpool Women's Hospital at a gestational age of 27 weeks. She was transferred to the Countess of Chester Hospital on August 18. 'Active problems' noted by Dr Sally Ogden at the time of transfer included 'preterm, [respiratory distress syndrome], establishing feeds, jaundice, suspected sepsis'. September 5-6, 2015, saw a number of events where Child I deteriorated and she was transferred to Liverpool. Mr Myers says Letby is not being blamed for those events. Child I was transferred back to the Countess later that month, and on September 30, at 4pm, Child I had vomiting, brady, apnoea and desaturation, followed by a similar event later that day. Another event happened on October 13 with Child I deteriorating. The following morning, Child I deteriorated and required resuscitation. She was transferred to Arrowe Park on October 15 before returning to the Countess on October 17. Child I had a desaturation on October 22, and died the following morning.
Letby is asked if she had a recollection of Child I. Letby says she does. She was a baby "with us for many months and got to know her [and the family] really well." She had 'complex problems' which required frequent transfer to Liverpool. Child I's abdomen "was always more distended than normal" and there were occasions when that distention would increase, Letby tells the court. Letby confirms to Mr Myers she looked after Child I on many occasions.
A radiograph from August 23, 2015, is shown to the court. Mr Myers says this had been part of what experts classed as a 'suspicious event', with a clinical note at the time recording 'non-specific gaseous distention of the abdomen which is suggestive of [NEC]' in Child I. A record of Letby's work shifts shows Letby was not in work that day.
Letby says she was looking after Child I and two other babies in room 3 on her long day shift of September 30. She says she has "some memory" of that day, "but not great detail". She denies doing anything to cause either of Child I's events that day. She says at 7.30pm, during the handover, she was giving the handover when Child I became apnoeic. Neopuffing was given, and it was noticed the abdomen was distended. An NG Tube was inserted and air was aspirated. Letby reads her notes from that day, including a note that Child I's mum noted the abdomen seemed more distended than yesterday, and Child I had an ongoing low temperature. For the abdomen, it was 'soft to touch', and the bowels had been opened. The 1500 Drs review noted Child I's abdomen was distended, and she appeared 'mottled in colour'. Letby said she asked for the review upon seeing Child I's mottled appearance. At 1600 Child I was fed, and at 1630 Child I had a large vomit and desaturation, and Drs were crash called, and Child I was transferred to room 1. Letby said for the 4.30pm event, she was not at Child I's cotside, but was in the room. She says: "She had vomited and I went over to her, and needed Neopuffing, briefly." Child I was placed on an incubator, a cannula was inserted but tissued. 'Colour appeals pale but improved'. There had been no further vomits, the abdomen still appeared distended. Child I had 'self-correcting desaturations to 80s', which Letby says was not a case when the alarm would be needed. "You have to give the baby time - to see if they self correct, which most babies do...in 30 seconds to a minute." In this case, Letby says, Child I was self-recovering without the need for help.
Letby says she could not say, definitively, whether Child I's mum had left at the time of handover. Letby's notes add: 'At 1930 [Child I] became apnoeic, - abdomen distended++ and firm. Bradycardia and desaturation followed, SHO in attendance and registrar crash called....'Air++ aspirated'. Letby says the air was aspirated after the Neopuff device was used. Bernadette Butterworth's nursing note: 'During handover [Child I] abdo had become more distended and hard she had become apnoeic and bradycardic and sats had dropped. IPPV given and despite a good seal with Neopuff there was still no chest movement, aspirated NGT air +++ and 2mls of milk obtained, eventually got chest movement and sats and heart rate normalised...' Letby says she recalls Child I recovered well afterwards.
Text messages are shown to the court from Jennifer Jones-Key to Lucy Letby, in which she complains a colleague had repeatedly, in the unit, commended Letby for her ability to swap shifts. Letby had replied in the messages, saying it was nice to hear as there had been some 'not so positive' comments about her. Letby added everyone is 'tired' on the unit. Letby tells the court the 'not so positive comments' referred to her being on room 1 shifts when others had felt they needed the experience in room 1. She agrees with Mr Myers everyone had been busy on the unit.
The messages shown to the court -
JJK: Oh it's just [colleague] annoyed everybody last night as she was going on about how
amazing you were doing so many swaps and how naughty you weren't taken off today x
LL: Oh was she? Kinda nice to hear something positive tho as been a few not so nice
comments X
JJK: It wasn't for us and [expletive deleted] people off. I've done loads of swaps and
extras. It was more the fifth time she said it!!! Why won't not nice comments x
LL: Everyone pulling their weight. I think she's just sticking up for me as knows I've had
some rubbish said about me w
JJK: No she just sticking up for her friends and winding everybody else up. Shldnt of said
anything x
LL: I can't speak for [colleague] & I wasn't there. We've all been working hard. X
LL: That's half the problem, everyone tired x
The trial is resuming after a short break. Mr Myers refers to the next
events for Child I. Nursing notes by Ashleigh Hudson on October 13 are shown to the court. The
notes include: '...'pale, pink in colour but well perfused. 0322- when in the nursery,
neonatal nurse Lucy Letby noticed that [Child I] looked quite pale., when turning the light on
for closer examination, we found [Child I] to be very pale in colour and not moving. Apnoea
alarm in situ, had not sounded, breathing was shallow and rr appeared low....monitoring
commenced....30% Neopuff O2 commenced...chest compressions commenced at 0325, no heart rate
heard...' Lucy Letby's note, 'written for care given from 0345' - '[Child I] noted to be pale
in cot by myself at 0320, S/N Hudson present. Apnoea alarm in situ and had not sounded...full
resuscitation commenced as documented in medical notes'. A nursing shift rota is shown for
October 12-13, with Lucy Letby in room 1, designated nurse for one baby. Ashleigh Hudson was
designated nurse for three babies in room 2, including Child G and Child I. Letby says she
cannot recall looking after Child I prior to 3.20am. She recalls going with Ashleigh Hudson
the room 2 together, and noticing Child I looked pale. "Ashleigh was doing something on the
worktop...with her back to the cot. I was in the doorway, talking to Ashleigh."
Mr Myers: "What was the illumination level like?"
Letby: "I can see clearly enough that [Child I] was pale in the cot. [Child I] was in
front of a window. At no point is any nursery in complete darkness. "The only time we have
that is in room 4, for babies preparing to go home. "It's important we need to see them
visually. "We need to see the monitors and the babies themselves." Letby adds the colour level
of a baby "is one of the most important things we assess". "I could see her face and her
hands...she just looked very pale. "I said to Ashleigh she looked very pale and we turned the
lights up". Letby says she cannot recall if the light had been on a dimmer switch, but the
lighting was turned up. Child I was "very unwell" so care was given. The apnoea alarm had not
gone off as, Letby says, Child I was 'gasping' and occasionally taking in air. Letby says she
and Ashleigh Hudson called for help.
Letby says she cannot recall, definitively, whether she had turned up the lights before or after seeing Child I. The court hears a police interview with Letby had said she had told them the lights were turned on before. A subsequent police interview had Letby saying she did not know whether it was before or after seeing Child I that the lights were turned up. "I know what I saw," Letby tells the court.
The court hears further from the police interview. The officer asks if Letby remembered, exactly, the sequence of events. Letby said she did not. "I thought we put the lights on when we went in the room." Letby added, in interview: "Maybe I spotted something Ashleigh wasn't able to spot." Letby tells the court Child I was "in my direct eyeline" when she was at the doorway.
The court is shown photographs of the lighting level in room 2. The
photos were taken in August 2020 and form part of the agreed facts. "Do you recall the room
being as dark as this appears to be?"
"No."
"Would you ever have a high dependency unit...as dark as this."
"No."
"Why not?" Letby tells the court it would not be safe. Mr Myers asks if it was necessary
to turn the lights up afterwards. Letby says it was, as it was necessary for the care of Child
I, such as use of syringes.
Mr Myers now moves on to the event for Child I for October 13-14. Lucy
Letby was a designated nurse for Child I in room 1, with Joanne Williams designated nurse for
two other babies in room 1.
Mr Myers: "Was there anything you did to make [Child I] feel unwell...on any shift?"
Letby: "No." Letby's notes from the shift at the beginning: '...aspirate obtained. Abdomen
appears full but soft. Some bruising/discolouration evident on sternum and right side of
chest, ?from chest compressions. [Child I] pale in colour...' Letby says the bruising appeared
to have come from CPR the previous morning. Further notes: '...[Child I] tolerating handling
better, tone appears improved, remains pale. Abdomen distended but soft... At 0500 abdomen
noted to be more distended and firmer in appearance with area of discolouration spreading on
right-hand side, veins more prominent. Oxygen requirement began to increase, colour became
pale...gradually requiring 100% oxygen...blood gases poor as charted...chest movement
reduced...continued to decline. Reintubated at approx 0700 - initially responded well. Abdomen
firm and distended. Overall colour pale...' Letby says she cannot recall this sequence of
events from the morning. Shelley Tomlins: '0730-present. Care of [Child I] taken
over...arrived on NNU minutes before arrest. [Child I] had just been retubed when desat/brady
occurred and full resuscitation was required to bring her back...[Child I] stable on
ventilator...abdomen very large, pale and veiny...area of discolouration noted on right side
of abdomen.' Letby recalls there was discolouration, but not specific details. She says she
was not involved in the continued care of Child I, and denies having caused anything which
allowed this to happen.
Mr Myers moves to the event of Child I on October 22-23. Lucy Letby is a designated nurse for a baby in nursery room 2 and one in room 3. Ashleigh Hudson is the designated nurse for Child I in room 1 and one other baby. Letby says she does not have much independent recollection from the night. She says her memory begins from when Child I was being resuscitated. She was alerted to Child I being 'unsettled' at some point, but cannot recall during the night when that was. Child I was 'rooting and appeared hungry', was 'crying and appeared very hungry' - 'sucking on fingers and lipsmacking'. Child I had been 'nil by mouth for a period of time' - Letby cannot recall how long for.
Ashleigh Hudson's notes for that night: '...[Child I] was unsettled and rooting at start of shift, settled with dummy and containment holding. Longline removed due to constant occlusions. Neonatal Lucy Letby unable to flush... 2357: [Child I] was very unsettled, ?due to hunger as was rooting...' Child I did not improve with increased Neopuff oxygen requirements and saturation and heart rate dropped. A crash call was put out by midnight, and Child I was intubated. Child I was later extubated as she was 'working against the ventilator'.
The neonatal schedule chart is shown to the court for October 22, which Mr Myers says does not record Lucy Letby having any involvement with Child I. Letby says she recalls seeing Child I and seeing she was "upset", but was not sure at which time that was. Letby says she cannot recall where she was prior to the 01.06am event when Child I became unsettled again.
Benjamin Myers KC, for Letby's defence, rises to continue asking Lucy Letby questions in the case of Child I. He asks about the events of October 22-23, 2015, and Letby's involvement in those events. He asks if she was involved in the efforts to assist Child I after 1.06am. She confirms she did. She recalls going to see Child I at one point, and helping nurse Ashleigh Hudson settle her, but does not recall at what point that was. She recalls being present when Child I died, and recalls the parents being there. She says it was the first time Ashleigh Hudson had experienced a loss as designated nurse, and Letby says she assisted her in the bereavement procedure for the parents. The funeral of Child I was on November 10, 2015. Letby says "more than two" members of staff attended that funeral, and this was not a usual occasion. She tells the court she was not at the funeral as she was working. Letby's working shifts rota is shown to the court for November, showing Letby was working a series of nights on November 9-10, 10-11 and 11-12. Letby said she was advised by other members of staff to send a card to the family, which would be passed to them at the funeral. Letby's sympathy card is shown to the court. She said she gave it to one of the nurses who was going to the funeral. She tells the court she took the photo while at work. She said it was "normal behaviour" for her to take a photo of the card.
A photo of another card written by Lucy Letby is shown to the court, of her congratulating her "close friend" on the birth of her daughter. Letby says she would "regularly" take photos of cards that she would send, and had done so "for many years". She says she would also take photos of cards she would receive.
Mr Johnson moves on to the case of Child I. Letby agrees she remembers Child I "very well". Mr Johnson says this is "another case where you falsified [her records]."
Letby is asked to look at her defence statement. She said Child I's stomach "bloated...regularly" and "all the nursing staff" were aware of it. Letby said "nothing was ever done" about the concerns with Child I's bowel. Letby said she was one of those raising concerns, that she "was not getting the treatment she needed". The defence statement adds Letby did recall one handover, to nurse Bernadette Butterworth, that Child I desaturated and became apnoeic, and she assisted in care thereafter.
Letby, when asked, rules out staffing levels as a problem that led to Child I's deterioration on September 30. For September 30, Letby was looking after Child I and two other babies in room 3 on her long day shift. Letby rules out medical incompetencies or mistakes made by medical staff that led to Child I's collapse on September 30. Letby is asked to look at Child I's medical records from September 26-29, and observations early on Letby's shift on September 30. Letby agrees Child I was stable at this time. A temperature of 36.1C is recorded for Child I at 11am, and the 'hot cot' temperature was turned up. Letby denies by this time she had "fallen out" with medical colleagues Ashleigh Hudson, Melanie Taylor and one other.
The ward round posted a "positive picture" for Child I on September 30. Letby agrees. Child I was due her immunisations, as noted on the ward round. Mr Johnson says this positive picture was similar to Child G, when Child G was about to have her immunisations. Mr Johnson asks what became an obstacle to that. Letby replies it was Child I vomiting and having to be transferred to room 1.
A feeding chart is shown for Child I for September 30. Mum fed and
gave cares at 10am. The note is signed by Letby. At 1pm a 35mls feed was given via the NG
Tube which had a 5ml aspirate. Letby says the 5ml aspirate "is a very minimal amount". At
4pm a further 35ml feed is given via the NG Tube. On both occasions Child I was asleep. At
4.30pm - 'large vomit + apnoea -> N1' [transfer to nursery 1]. Letby is asked about Child
I's mother's routine.
Letby: "Not specifically..." she adds the mother would visit the unit regularly. Mr
Johnson suggests Letby knew the family so well through the frequent visits that she got to
know their routine when they would be in and out of the unit.
Letby: "I don't agree." Dr Lisa Beebe's note showed she was asked to review Child I
due to a low temperature. The note adds: '...mum reports [low] temperature has been
happening over past few days'. The note concludes: '...monitor closely, if further
concerns for sepsis, screen but appears clinically well at present'. Letby says she does
not recall the conversation. She does not recall, as the prosecution suggests, telling the
doctor one concern[low temperature] and the mother another [abdomen]. She denies
"providing a cover", and says she did "monitor her [Child I] closely", as noted on the
doctor's plan.
Letby says she first monitored Child I's vital signs at 3pm. She said
the concern raised with the doctor was Child I having a low temperature, and she had
adjusted that by raising the hot cot temperature. Mr Johnson suggests that "monitor
closely" would mean more observations.
Letby: "I disagree." Letby is asked how long the 1pm 35ml feed with thickener, as
listed on the chart, would take to administer. She agrees it would take "roughly" 15
minutes. Letby's nursing note, written at 1.36pm is shown to the court: '...3x8 feeds ebm,
2bottles to 1NG Tube. abdomen appears full and slightly distended, soft to touch [Child I]
straining++. Bowels have been opened. Mum feels it is more distended to yesterday and that
[Child I] is quiet. Appears generally pale...Drs asked to review - to continue with
current plan' Letby says: "We monitor all our babies closely" in response to why Dr Beebe
had said 'monitor closely' instead of 'do what you normally do'.
Mr Johnson: "This is yet another example of you writing nursing notes for something
that didn't happen."
LL: "I don't agree." Letby denies "cooking the notes" to show Child I was
deteriorating prior to her collapse.
The trial is due to resume at 2.10pm following its lunch break.
The trial is now resuming. Prosecutor Nicholas Johnson KC is continuing to cross-examine Lucy Letby on the case of Child I. An observation chart for Child I is shown for September 30. Hourly observations are made for 10am-1pm, and 3pm to the rest of the day. Letby says there is "no reason" why the 2pm observation is not made. Letby is asked which 'doctors' reviewed Child I at 3pm. Letby names one doctor and believes it was one doctor reviewed. Mr Johnson says there is no medical note in relation to this. Letby denies "making it up". Mr Johnson asks Letby why the 'bottle-bottle-NGT' feed system is interrupted by 'bottle-NGT-NGT'. Letby says the 4pm, 2nd NGT feed was as Child I was asleep. Letby denies "lyingly" recording notes for when Child I had bowel movements during the day. Mr Johnson says a doctor's notes do not note a prior examination. Letby denies making up the examination in her notes. She adds: "Just because it's [not there] doesn't mean it [didn't take place]."
Mr Johnson says Letby is "very keen" to raise doctor's mistakes with
the likes of Dr Harkness and Dr Gibbs, but not in this case.
LL: "I don't believe this was noted at the time, my priority was [Child I], not
medical notes."
NJ: "You force fed [Child I] didn't you?"
LL: "No, I didn't." Letby says Child I did not wake for that feed, so an NGT feed was
given as "standard practice".
Mr Johnson says "despite all the positive signs" for Child I, she
vomited, just like Child G, and in both cases, Letby was there. Letby says she does not
recall if she was there when Child I vomited. A medical report said Child I: "There is
splinting of the diaphragm due to bowel distention..." Letby denies "pumping" Child I full
of milk or air.
Letby: "I fed [Child I] the normal dose of milk for her feed." A blood gas chart for
Child I is shown - the chart had not been noted up by Letby and it was found on a
clipboard. It was signed by Bernadette Butterworth for Letby. Letby says the chart was
"not hidden - it was there for anyone to see."
Mr Johnson talks about the 7.30pm event for Child I. Letby's notes add: 'At 1930 [Child I] became apnoeic, - abdomen distended++ and firm. Bradycardia and desaturation followed, SHO in attendance and registrar crash called....'Air++ aspirated from NG Tube...[Child I] is now very pale and quiet'. Letby denies forcing air into Child I.
Observations for Child I in the remainder of September 30 are shown to the court. Bernadette Butterworth's nursing note: 'During handover [Child I] abdo had become more distended and hard she had become apnoeic and bradycardic and sats had dropped. IPPV given and despite a good seal with Neopuff there was still no chest movement, aspirated NGT air +++ and 2mls of milk obtained, eventually got chest movement and sats and heart rate normalised...'
Mr Johnson talks about the second event for Child I, which was on the night of October 12-13, when Letby said she was standing in the doorway when she could see Child I looked pale, and the lights were turned up. Letby says the lighting was on in that room so Child I could be seen prior to the lights being turned up. Letby is asked to look at her defence statement. She recalls Ashleigh Hudson was "quite inexperienced" to be looking after Child I. Letby said Child I required "very close monitoring", and adds that, "looking back", Ashleigh had stopped monitoring her when she should have been. Asked to explain where that instruction to monitor Child I came from, Letby says it was policy that Child I should have been monitored as she had come off antibiotics some time in the previous 48 hours. Letby adds: "I'm not saying Ashleigh made a mistake." The judge seeks clarification on 'monitoring'. Letby says it includes monitoring observations if a baby is on a monitor, but otherwise involves keeping an eye, regularly, on the baby.
Mr Johnson says there had been at least 48 hours since Child I had
gone off antibiotics before the event occurred. Letby is asked in what way Ashleigh Hudson
was inexperienced.
LL: "I don't think Ashleigh had a lot of experience in recognising changes in babies,
potentially." Letby says the more experience you have, the more you can detect changes,
such as changes in colour, in a baby. Letby tells the court she does not recall a reason
why she went into room 2 with Ashleigh Hudson. In her defence statement, Letby said as
they entered the room, they turned the light up on the light dimmer switch, and she saw
Child I looking pale, and they went to assist. Child I was "gasping" and the alarm had not
gone off.
Letby rules out staffing levels, medical incompetencies or staffing mistakes as a cause of Child I's desaturation on October 12-13. A nursing shift rota is shown for October 12-13, with Lucy Letby in room 1, designated nurse for one baby. Ashleigh Hudson was designated nurse for three babies in room 2, including Child G and Child I. Letby repeats there was no issue with staffing ratios to babies cared for, for that night. Letby agrees with the evidence Ashleigh Hudson said that Child I was doing well - "prospering", and that the level of care had been scaled back. Before the collapse, Child I was in air and on bottle feeds. Letby says she has "no memory" if Ashleigh Hudson, as said in evidence, left room 2 to help colleague Laura Eagles in room 1. Letby says she had a baby in room 1, and cannot recall who was to look after nursery 2. In evidence, she said she was not the nurse called to room 2. She tells she would have remembered having to hand over care of her baby and look after three babies in room 2.
Letby said "very quickly", she had noticed and saw Child I was pale.
Letby is asked why she was at room 2. She replies there was "nothing sinister" about that,
that she had been in a chat with a colleague.
NJ: "The lights were off, weren't they?"
LL: "I can't say."
Letby is asked to look at her police interview. In it, she says she
had taken over Child I's care as Ashleigh Hudson had been "quite junior". For the
observation of Child I, she replied the lights were off at night, and then they put the
lights on, adding she could see Child I and: "I noticed that she was pale in the cot."
Letby, asked why she had told the jury the lights were "never off", says the lights are
"never off completely", they are turned up.
A second police interview has Letby: "We put the light on - the lights aren't on in the nursery at night." Asked why
she did not refer to a dimmer switch in her police interview, Letby says: "I don't know."
NJ: "Are to trying to massage the evidence by [now] saying the lights were on low?"
LL: "No."
NJ: "What effect does going from a bright corridor [looking into] a [dark/dimly lit]
room have on your eyesight?"
LL: "I don't know.
NJ: "You really don't know?"
LL: "No."
NJ: "Everybody knows, don't they?"
Letby says: "You wouldn't be able to see as well."
Mr Johnson says Letby was able to see "straight away" as she had caused Child I's
deterioration.
LL: "No."
The trial is continuing following a short break.
The photo of the cot, as shown previously, is displayed.
NJ: "Do you agree it is accurate?"
LL: "No...there would be more light visible. The cot would potentially be nearer to
the light.
LL: "I think it was nearer to the workbench than that."
Mr Johnson asks how big Child
I's hands would be -
Letby says they would be small.
Mr Johnson says Child I would be almost entirely obscured.
LL: "Just her hands and her face."
NJ: "Which would be covered by that tentlike structure."
LL: "Not entirely no."
Mr Johnson asks how Letby could spot something Ashleigh Hudson
could not, as mentioned from her police interview.
LL: "I had more experience so I knew what I was looking for - at."
NJ: "What do you mean looking 'for'?"
LL: "I don't mean it like that - I'm finding it hard to concentrate."
Nicholas Johnson KC, for the prosecution, continues to cross-examine Letby in the case of Child I. He moves on to the third incident, on October 14, 2015. Mr Johnson says Letby does not refer to this incident in her statement. Letby, in her evidence, said she did not recall this night.
Letby rules out staffing levels, medical incompetence or staffing mistakes as a contributory factor in the collapse of Child I for this incident.
The staffing rota for October 13-14, 2015 is shown to the court, with Letby in room 1 as the designated nurse for Child I. Joanne Williams is the designated nurse for two other babies in room 1 that night. Letby is asked to look at her nursing notes for that night. Mr Johnson says Child I was tolerating handling and 'tone appears improved', according to Letby's notes. The notes add: 'At 0500 abdomen noted to be more distended and firmer in appearance with area of discolouration spreading on right-hand side, veins more prominent. Oxygen requirement began to increase, colour became pale...gradually requiring 100% oxygen...blood gases poor as charted. Clear air entry, slightly reduced on left, chest movement reduced...continued to decline. Reintubated at approx 0700 - initially responded well. Abdomen firm and distended. Overall colour pale. Xrays carried out...resuscitation commenced as documented...night and day staff members present' Letby says she cannot recall the discolouration now. She does not recall it moved, but it was spreading by getting larger.
NJ: "Where did you get the time of 5 o'clock from?"
LL: "I don't know. I don't know if it's from paper charts or memory."
Mr Johnson says if Letby had seen this, she would have escalated it to a doctor.
LL: "I can't comment on what time the doctor did come." Mr Johnson says almost 24
hours earlier, Child I was found "almost dead", and then this incident happened.
He asks what Letby would have done.
LL: "I would have escalated it to someone, senior like a doctor."
Mr Johnson shows the doctor's note, which mentions: "Abdomen distended and mottled".
LL: "I can't say specifically what time I asked him to come, the note says he came at
5.55am".
Mr Johnson says this would have been an emergency for Child I.
LL: "I don't believe it was an emergency, I believe it showed a decline."
NJ: "You sabotaged [Child I] at about 6 o'clock, didn't you?"
LL: "No."
A prescription chart shows Dr Matthew Neame prescribed morphine
sulphate for Child I, and the infusion was commenced at 5.50am. A fluid chart shows '0530
abdo distended++' in Letby's writing. Letby says by 6am, the oxygen requirement had gone
up to 100% for Child I, from 60% at 5am. Letby had written 'squeaky' for the oxygen level
at 5am. Letby tells the court this meant the air entry for Child I was not clear. Letby
says squeaky air entry is not an emergency. Mr Johnson says there is also expanding
discolouration and a distended abdomen. Letby denies copying the word 'squeaky' for the
5am oxygen column from Dr Neame's 5.55am note.
Letby: "I disagree." Letby says she recalls Dr Neame saying the mottling was unusual;
she cannot recall the mottling specifically.
A report showed Child I's gaseous distention of the bowel had
increased on October 14 since the previous x-ray at October 13. Child I had been on a
ventilator and nil by mouth. Letby denies injecting air into Child I.
NJ: "You had inflated [Child I] with air, hadn't you?"
LL: "No."
At 7am, Child I had a significant desaturation. Letby's note:
'Reintubated at approx 0700 - initially responded well. Abdomen firm and distended.
Overall colour pale. Xrays carried out.'
NJ: "That is because you were sabotaging her, isn't it?"
LL: "No."
Letby says she does not remember the 7am desaturation "with any clear detail".
Mr Johnson moves to the final event for Child I, when she died on October 23. Prior to that, Child I had been moved to Arrowe Park Hospital before returning to the Countess of Chester Hospital's neonatal unit. Mr Johnson shows Letby observation charts for Child I from the previous day. Letby accepts Child I's observations were stable, save for one slightly raised respiration rate reading. She agrees Child I was self-ventilating in air at this point. She accepts Child I's abdomen was, the previous day, soft and non-distended.
NJ: "Would you agree that despite three life-threatening events in the previous three
weeks, [Child I] appeared to be in a stable condition?"
LL: "Yes."
For the night of October 22-23, Lucy Letby is a designated nurse for
a baby in nursery room 2 and one in room 3. Ashleigh Hudson is the designated nurse for
Child I in room 1 and one other baby. Mr Johnson tells the court the baby in room 2 went
to a hospital in Stoke during that night shift. Letby says there were staffing issues,
which were "not ideal", which were a contributory factor in the treatment of Child I
following the collapse, in that a doctor had to be called away during the event.
Letby: "Considering what [Child I] had been through, she was a poorly baby, the
doctors were not with her at all times...once she deteriorated." Letby adds she believed
Ashleigh Hudson was capable of looking after Child I, for Child I's nursing needs at this
stage.
The neonatal schedule for that night is shown to the court. Letby sent a message on October 22 at 8.47pm to a colleague: '...Unit nice. Transport on way to take my baby back to Stoke. Only 8 babies. Off duty not out. X' Mr Johnson says this refers to the baby he mentioned earlier who was transferred out during that night. The court hears that transfer process, noted as completing at 1am, is not a 'five-minute' process, and takes time and involves family communication.
Child I collapsed at 11.57pm. Letby denies falsifying a note for the Stoke-transfer baby prior to that at 11pm. The court is shown a nursing note by Ashleigh Hudson, which the court heard was timed at 10.57pm. 'Longline removed due to constant occlusions; neonatal nurse Lucy Letby unable to flush, so Paeds Reg Rachel Chang informed.' Dr Chang had written, for the Stoke-transfer baby at 10pm, the baby was safe for transfer. Letby's note for this baby was written at 10.50pm, and completed at 10.52pm. It included a documentation of a longline infusion with a 10% dextrose fluid. Letby has co-signed the document. Mr Johnson says the 'original 2300' reading has been changed to '2400' by Letby. Letby said the '2300' reading was an error and it was changed to '2400' as the correct time. She adds: "The charts are there for everybody to look at."
Letby denies falsifying a fluid balance chart for the Stoke-transfer
baby. Mr Johnson asks if Letby recalls what Ashleigh Hudson said for the 11.57pm
desaturation. He says Ms Hudson gave evidence to say Child I was crying, making a noise
she had not heard before, different to a cry for hunger.
Letby: "I did not hear that cry at that point. When I entered that nursery, she was
quiet...and apnoeic." Letby says for this event, it was a case where one of the three
nurses on duty that night would have had to come and assist in room 1.
Letby says she does not recall Ashleigh Hudson going to call for
Child I's parents. Letby says there is an error on the IV chart, and the time has changed.
Mr Johnson: "Three different mistakes on two different babies?" Letby says she does
not know who wrote in the different times.
NJ: "How do those sorts of mistakes happen? Letby says when the unit gets busy, "we"
can make errors on the paperwork.
NJ: "We? Or you?"
LL: "I don't believe it would have been me - we would both have been there for it."
NJ: "Or is it you altering medical records to put some time between you and serious
events for [Child I]?"
LL: "No." Letby adds: "I did not deliberately falsify any paperwork."
At 1.06am, Child I was crying again, the court hears. Letby recalls
Child I was crying, but cannot recall being there by the cotside first. She accepts she
was in the nursery. Mr Johnson asks if Ashleigh Hudson was called over by Letby.
LL: "She might have been in the nursery when I called her, I couldn't say." Letby adds
she could have "come in" [as her defence statement says] from the other part of the
nursery. Letby says she had her hands in the incubator, "trying to settle [Child I]."
LL: "My assessment of [Child I] at that time was she was hungry and rooting."
NJ: "You had pumped her full of air?
LL: "No."
NJ: "You were doing your best to kill her?"
LL: "No."
Letby: "I have never injected air into any baby."
NJ: "Do you remember interrupting [Child I]'s mother?"
LL: "No." Mr Johnson says Child I's mother, in agreed evidence, recalled Letby was
"smiling" and had talked about how Child I had been going on about 'enjoying' her bath.
Child I had been bathed as part of the bereavement process following her passing.
NJ: "Why did you say that?"
LL: "It's trying to, in that awful situation - it wasn't meant with any malice. We
still talk to them and treat them as if they were alive. It wasn't joking or...malice, it
was trying to reflect on a happier memory."
NJ: "How can you say such things?"
LL: "She had her first bath when she was alive and that was what she had enjoyed, not
the one when she had passed away."
NJ: "How do you know it was her first bath?"
LL: "Because I was there, we took photographs, it was a big occasion."
Mr Johnson asks how many baths Child I had in Arrowe Park - Letby says she cannot say.
NJ: "You were getting a thrill out of the grief and despair in that room, weren't you?
LL: "Absolutely not."
A statement from a consultant neonatologist at Liverpool Women's Hospital is being read out. She gives details of Child I's birth, and said Child I was born in 'very good condition'.
Child I was 'stabilised very quickly' with no concerns, before being admitted to the neonatal unit after being allowed to be shown to her mother.
Child I had 'very good gases' after being put on breathing support device CPAP. There were readings consistent with an infection, but Child I was on antibiotics. A lumbar puncture and phototherapy were commenced. Feeds were commenced, using expressed breast milk, on August 8 and Child I continued to be 'very stable, in spite of having an infection'.
Child I later had desaturations and bradycardias, so a second line of antibiotics was begun. The CRP infection marker was low, but the white blood cell count was elevated. A programme of five days of antibiotics began, and after a short gap in feeds, Child I continued to be fed. Child I was stable when taken off CPAP for short periods of time.
On August 18, Child I was stable on CPAP, having four hours off it. She was tolerating feeds "very well". She had "normal tone, posture and movement".
The team at Liverpool had to wait until a bed became available at Chester before transfer was authorised on 'day 11', when Child I weighed 90g more than her birth weight, which "was good", as it was expected that babies would drop in weight in the days after birth. "We expected [Child I] would continue to improve at Chester".
Upon Child I's return to Liverpool Women's Hospital, her blood gases and heart rate were "normal". It was thought that Child I had suspected sepsis rather than NEC, and a course of antibiotics began to cover for both possibilities. Child I was kept nil by mouth but was "stable" on the night of September 6. There was a "mechanical obstruction" in the ET tube on September 7 and Child I was re-intubated. After this she "had normal gases and improved very well".
Feeds were gradually increased and the course of antibiotics ended after five days.
Child I continued to tolerate and build up feeds, which was a sign the baby girl did not have NEC. The expectations were that Child I would return to the Countess of Chester Hospital and continue to improve.
A NURSE could not remember telling a mother her child "didn't die of prematurity", the murder trial of Lucy Letby was told.
Fellow nurse Letby, 33, is accused of murdering the baby girl, known as Child I, on her fourth
attempt, while she was being cared for at the Countess of Chester Hospital’s neo-natal unit.