Count 17: Attempted murder of Baby N on 3 June 2016. Alleged mechanisms: Air Embolism, Throat Trauma
Count 18: Attempted murder of Baby N on 15 June 2016, at about 7.15 to 7.30 hours. (NO VERDICT)
Count 19: Attempted murder of Baby N on 15 June 2016, at about 15.00 hours (NO VERDICT)
BABY 14 SUMMARY [Baby N]
Baby 14 was a 34+4/7 week, 1.67 kg BW, twin 2, preterm male infant, with severe
intrauterine growth restriction (IUGR) who was delivered by emergency caesarean section.
Mother was a haemophilia carrier. Baby 14 had mild respiratory distress syndrome, reduced
factor VIII 3% (moderate) and raised coagulation times (PT 15.4, APTT 69.7). Twelve hours
later, he desaturated, looked dusky, was unsettled, and had increased work of breathing.
When seen by a doctor, he was screaming and had subcostal recession, but settled after half an hour. On day 13, he became mottled and had 5 episodes of desaturation, and an episode of profound desaturation. Intubation X3 was attempted but abandoned due to blood in oropharynx and trauma due to repeated intubation attempts. Chest x’ray showed right patchy consolidation consistent with infection and oedema. Intravenous Factor VIII was given. Intubation was re-attempted X5 by registrars, consultants and anesthetist without success. A laryngeal mask was used. A team from Alder Hey Hospital arrived 11 hours after onset of profound desaturation and intubated the infant. He was transferred to Alder Hey Hospital, given Factor VIII and recovered.
CONVICTION
It was alleged that the initial screaming episode was due to inflicted injury or injection of air
into his intravenous system causing pain. It was alleged that the desaturation and bleeding on
day 17 were caused by trauma inflicted by thrusting a nasogastric tube into the back of Baby
14’s throat.
PANEL OPINION
The initial screaming episode is unlikely to be due to inflicted injury because injury of such
intensity to cause 30 minutes of screaming would have caused bleeding. It is not due to air
embolism because crying due to air embolism is of short duration; it is a response to hypoxia
as the infant gasps and cries for air, and quickly resolves or the infant collapses. Crying is
usually associated with discomfort from hunger, hypothermia, hypoxia and pain. The
desaturation on day 17 was most likely due to bleeding from haemophilia, either
spontaneously or from routine cares causing blood and secretions to pool in the oropharynx
and obstruct the airway. Moderate haemophilia can cause spontaneous bleeding. It is unclear
if a haemophilia nursing protocol was used by the unit to prevent inadvertent trauma from
standard nursing care procedures. If it was due to repeated thrusting of a nasogastric tube
into the throat, the infant would have cried or screamed, and there would be evidence of
lacerations in the pharynx, esophagus and vocal cords. None were reported by the intubating
physicians. Trauma was most certainly inflicted during the repeated intubation attempts (8X),
which aggravated the bleeding and caused epiglottis swelling. In a haemophilia patient,
intubation should be performed by an experienced individual. It is inappropriate to allow
junior doctors to try, and then progress up the chain to senior doctors. The patient should not
have been subjected to 8 intubation attempts. The referral to Alder Hey Hospital and transfer
should have been done much sooner, not 11 hours after initial desaturation.
CONCLUSIONS
1. Crying was not due to injury or air embolism.
2. The subsequent episode of desaturation was due to bleeding, likely spontaneously from
haemophilia or routine cares, and exacerbated by repeated traumatic intubation attempts.
Mr Myers refers to the case of Child N, for which there are three counts alleged against Lucy Letby. He outlines the events for Child N, who had haemophilia. Mr Myers says Professor Sally Kinsey said Child N was more likely to suffer a bleed from trauma than babies who do not have haemophilia, and the amount of blood would be larger. Prof Kinsey had said the process of instrumentation had the potential to cause bleeding, such as a naso-gastric tube. Mr Myers says the Countess of Chester Hospital did not have Factor 8 for Child N at birth. He says for the first Child N event, for which it is alleged there was trauma and/or an air embolus, he asks if Letby was even there.
Mr Myers refers to Dr Jennifer Loughanne's note for the Child N event - 'asked to see - desat - unsettled - got upset - looked mottled, dusky, sats [down to 40%] [moved to] 100% O2 'On my arrival, 40% O2, screaming'. Mr Myers says it is "plainly not an air embolus", disagreeing with Dr Evans. He says Dr Bohin said it was a painful stimulus. He said there was no sign of injury or blood.
Mr Myers says both experts put "poor opinions" forward. He refers to the first event of June 15, 2016, in the morning, at 7.15am. He says there is no evidence of anyone seeing Letby coming in and causing harm to Child N. He says the prosecution created the narrative Child N was sabotaged in advance the previous night by Letby before she left at the end of her shift. He refers to nurse Jennifer Jones-Key's note for the June 14-15 shift. He says in evidence, Jennifer Jones-Key said Child N first deteriorated at 1am, and remained at that condition through the rest of the night. Mr Myers says that "is an end to the sabotage theory", as Child N became unwell several hours into that night shift.
Mr Myers says Dr Bohin did not accept that from 1am to 7.15am, there had been a gradual process of deterioration. He refers to the 7.15am event. He says Jennifer Jones-Key referred to more desaturations 'from 7am'. He say she remembered being in the nursery, feeding a baby, and Letby came in for her shift, and Letby came into the nursery, the alarm sounds, and Letby walks over. He says there is "no indication or sensible opportunity" for Letby to cause this collapse for Child N. He says it is a continuation of the "mounting problems" for Child N which began at 1am.
Mr Myers says there is a question for when the blood is seen on Child N, before or after intubation. He says it is hard to see that if the attack happened at 7.15am, that blood would only be seen by a doctor at 8.05am. Mr Myers says it would be "reckless" if a doctor embarked on intubation for Child N while seeing there was blood in the way.
Mr Myers refers to the third count for Child N, later in the day at 2.56pm on June 15, 2016. He says the details of the event are clear, and while most of the five or six doctors described swelling, 'only' Dr Satyanarayana Saladi noted blood. He says it is right that a 3ml blood aspirate is collected. He says the defence observe it's surprising, given Child N's haemophilia, there is not more. He says it is "unclear" what the cause of the swelling is, and could be a consequence of what had gone on that morning.
Mr Myers says there are no signs of a wound found on Child N, and he was "well inspected" by doctors. He says at 7.40pm, Child N desaturated when medical personnel arrived to transport him, and he was prepared for theatre as doctors had been unable to intubate. Mr Myers says it was not surprising Child N's condition was poor given the 'long day' he had had. He says a tertiary unit doctor was able to intubate first time successfully after Child N's desaturation. Alder Hey consultant anaesthetist Dr Francis Potter was asked to give evidence. Mr Myers said he had told the court his interest was paediatric intensive care, and he had experience with airway problem resolution. He said the intubation was managed with 'relative ease'. He said Dr Potter had been "surprised" there had been difficulties in intubating Child N as he said the Countess of Chester Hospital team was "pretty competent". He says Dr Bohin "comes to the rescue [of the prosecution]" by not agreeing with the opinion of Dr Potter. He said Dr Bohin said the drugs given to Child N would have reduced the swelling. He said it was a disagreement between the two prosecution witnesses.
Cheshire Police intelligence analyst Claire Hocknell is now talking the court through the first of two sequences of events for Child N.
2nd June 2016
11.56am: The first is a Facebook
message from a Countess of Chester Hospital doctor at 11.56am on June 2, asking Lucy Letby
for an 'opinion on something'.
Lucy Letby replies: "Hope I can help!"
1.42pm: Child N is born via C-section at 1.42pm, weighing 1.67kg, at 34 weeks plus 4 days gestation. His 'APGAR' scores, recording how well Child N was doing immediately after birth, are 9/10 at 1 minute and 9/10 at 5 minutes.
2-2.30pm: Nurse Caroline Oakley records Child N was admitted to the neonatal unit at 2pm, and Child N had 'prematurity and clotting disorder'. A blood sample was taken at 2.30pm. 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++'
3.10pm: A desaturation down to 67% oxygen saturation, lasting one minute, is recorded by nurse Caroline Oakley at 3.10pm. The nurse adds, in a nursing note: '[Child 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'
6pm: An x-ray result before 6pm recorded that Child N likely had an infection.
6.47pm: Nurse Caroline Oakley recorded at 6.47pm that Child 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. She has also visited mum... and updated...' A haemophilia diagnosis is confirmed for Child N.
7.30-8pm: Lucy Letby is recorded as starting her night shift on June 2 at 7.30pm, in time for the 7.30pm-8pm staff handover. Letby is a designated nurse, with shift leader being Melanie Taylor and other designated nurses being Christoper 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 Letby had two in room 4. Two babies were in transitional care, and another baby was 'rooming in with her parents' - that baby's designated nurse was Letby.
A few minutes after entering the neonatal unit, Letby WhatsApps a colleague [Nurse E] and says she had a 'paper handover' as colleague Caroline had gone home. Nurse Christopher Booth records 'care taken over approx 2000...oxygen saturations predominantly in mid 90s-100%'. He also records the usual handover checks.
[The following messaging is with Nurse E]
Letby messages 'We have got a baby with haemophilia'
Reply: 'How many weeks?'
LL: '34'
R: 'oh'
LL: 'Everyone bit panicked by seems of things but baby appears fine'
R: 'male?
LL: 'yeah'
LL: 'Oh and had weird FB message from [doctor] earlier...' Letby adds she does not know
much about haemophilia.
Her colleague replies to be careful with cannula and blood samples.
The conversation continues about discussion of other babies, and Letby
messages her colleague: 'Had strange message from [doctor] earlier...'
Reply: 'Did u? Saying what?'
'Go commando? 😂
Letby: 😂😂😂😂
Letby: 'Asking when I was working next week as wants to talk to me about something, has
a favour to ask..?'
R: 'Think he likes you too...'
R: '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...🤔
R: 'Hmm'
LL: 'Do you think he's being odd?
R: 'Thought as flirty as u'
LL: 'Shut up!'
R: 'What?!'
LL: 'I don't flirt with him!'
R: 'Ok'
LL: 'Certainly don't fancy him haha just nice guy'
R: 'Ok'
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.
10pm: The conversation on WhatsApp, now continuing after 10pm, discusses another baby's condition.
3rd June 2016
1.05am: Further observations are recorded regularly for Child N up to 1am.
Child N then suffered a desaturation at 1.05am. Nurse Christopher Booth: '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 Child N's colour returned to pink perfusion.
2.04am: Nurse Booth added, 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...'.
8am: Nurse Ashleigh Hudson takes over care of Child N for the day shift on June 3. Tachypnoeic on handover, unsettled'
Letby messages the same colleague: 'been busy...' adding what had happened to a number of babies during the night shift, and what staff on duty had been doing. She adds: 'Glad to be off, survived my nights tho' followed by a smiley face emoji.
Dr Sudeshna Bhowmik records a list of 'problems' for Child 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.
A dose of vitamin K is prescribed for Child N during the day shift.
6pm: Nurse Ashleigh Hudson records a 'slightly mucky aspirate' for Child N towards the end of the day shift, at about 6pm. The note of a summary of care between 8am-6pm records Child N was 'settled for the rest of the day', with 'minimal aspirates obtained. Aspirates clear with tiny old blood specks'. Paeds have liased with AHCH'
8pm: Nurse Christopher Booth, at the time of the night shift handover for June 3-4, records at 8pm Child 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...'
4th June 2016
3am: The sequence of events goes up to June 4 at 3am, where Christopher
Booth records 'No significant desaturations, bradycardias or apnoeic episodes observed
overnight...'
Kate Tyndall, intelligence analyst for Cheshire Police, is now talking the court through the neonatal review schedule for the events in the case of Child N.
Intelligence analyst Claire Hocknell has returned to court to talk the court through the second series (out of two) of the sequence of events for Child N.
The sequence says Child N continued to be cared for at the Countess of Chester Hospital's neonatal unit between June 3 and June 14.
14th June 2016
The rest of the sequence of
events, presented electronically to the jury, begins from June 14, 2016. Lucy Letby is the
designated nurse for Child N on the day shift of June 14.
7.40-8am: At 7.40am, Child N takes on a feed of expressed breast milk. Letby records notes at the handover at 8am. Letby messages a colleague to complain about having to finish up a previous shift' nurse's work, and had left a bottle 'dirty'.
Lucy Letby records regular temperature readings for Child N which are all recorded in a 'normal range'. The court had previously been told readings in the 'yellow area' (too high, or too low) would be considered abnormal, but none of the temperature readings recorded as being too high or too low. Letby notes: 'Demand feeding EBM via own bottle, completing more than required volumes....repeat SBR this morning on downward trend but not yet >50...otherwise ready for home'. In a family communication note: 'Mummy visiting this morning, carried out cares and feed. Put infant to breast. Discussed feeding at home' The notes show Child N was ready to go home, apart from further treatment required for jaundice, and was on phototherapy. Other family members visited Child N at the neonatal unit that day.
8pm: For the night shift of June 14, Child N was in nursery room 3. Nurse Jennifer Jones-Key, in a note written retrospectively, records Child N was 'nursed in incubator with eye protection insitu. Baby demand bottle feeding' at the start of the shift at 8pm.
Letby is involved in a WhatsApp message conversation with a nurse, and a Facebook messenger conversation with a doctor at this time. The nurse colleague complains about work colleagues on that night shift. Letby says she has had a "lovely run of shifts in 3". "Nice babies and parents" Letby messages the doctor to say she was planning to go to Torquay with her parents in July 2016, and discusses about her having had hypothyroidism since she was 11, and had 'blips over the past 12 months'.
15th June 2016
1am: A nursing note by Jennifer Jones-Key just after 1am on June 15 records
Child N had become 'very unsettled' and was 'pale, mottled and veiny' with slight abdominal
distension. A blood test was taken for analysis. Further observations are taken.
5.10am: Letby messages her colleague [Nurse E] at 5.10am: 'Awake already'
Her colleague replies: "I wouldn't come in!"
Letby: "Oh...why"
The colleague replies: "5 admissions, 1 vent"
LL: "OMG"
Colleague: "Baby [N] screened, looks like s**t"
6am: Jennifer Jones-Key's note before 6am: 'baby looked worst this morning and cap refil after 3 secs. Reviewed again by paeds...' Letby messages a doctor colleague saying she might be back in '1' again for her next day shift, in nursery room 1.
7.10am-7.15am: Lucy Letby is recorded as entering the neonatal unit at 7.10am. She messages the doctor: "No repeat today. I've escaped being in 1, back in 3". The sequence of events shows Child N had a desaturation at 7.15am.
Jennifer Jones-Key records: 'at 0715 baby crying and dropped saturations - as seen by NNU nurse Lucy [Letby].' The nurse adds Child N had to be given 100% oxygen support by a doctor.
8am: Child N was transferred to nursery room 1 at 8am. A note is made on the resiting of the NG Tube - 'NG resited in right nostril with acide reaction. At handover baby dropped saturations and required Neopuff. Care handed over to NNU nurse Lucy Letby'. Lucy Letby is recorded as being the designated nurse for the day shift on June 15, and records, in a note written retrospectively: 'Infant transferred to nursery 1 on handover. Mottled, desaturating requiring Neopuff and oxygen...cold to touch.'
9am: Lucy Letby records, in a not written at 1.53pm for care at about 9am: 'Unable to intubate - fresh blood noted in mouth and yielded via suction ++.'
10am: Letby messages her colleague on WhatsApp before 10am: 'Thanks for staying to help. Much appreciated.' Letby records '1ml fresh blood aspirated' from Child N at 10am.
11am: A doctor colleague messages Lucy Letby before 11am to ask: "Is he ok?"
Letby notes, at 11am: 'Small amount of fresh blood orally and 1ml from NG tube' Letby messages the doctor in response: 'Small amounts of blood from mouth & 1ml from NG. Looks like pulmonary bleed on xray... "Sorry if I was off during intubation...I like things to be tidy & calm (Well, as much as possible!)"
The doctor responds: "No, you were perfectly fine with me...I thought you were wanting to just get on with in case there was another desat."
Letby replies: 'Well I have got my hair in a bun today, it's only fitting that I was 'serious Lucy' !!' Letby adds 'no more bleeding thankfully', in relation to Child N.
Cheshire Police intelligence analyst Kate Tyndall is taking the jury through sequencing evidence for June 15, when the Crown say Ms Letby twice attacked the boy
Ms Letby's nursing notes from June 15 record that Child N was 'pale/mottled' and required oxygen support
Ms Letby's notes state that Child N's parents had been informed and that they were 'understandably upset'
2.50pm: At 14:50 on June 15, Ms Letby recorded that Child N had a profound desaturation. Notes state: 'Infant became apnoeic with desat to 44%. heart rate 90bpm. Fresh blood noted from mouth'...minutes later a number of senior medics were crash bleeped to attend the child
Nursing notes record that there was difficulty trying to insert an ET tube. With two doctors failing to 'obtain a secure airway'
Two consultants from the anaesthetic team were called to help, but they also had difficulty fitting an ET tube, the nursing notes show.
Court now being shown messages between Ms Letby and colleagues that evening. A doctor [Dr A], who cannot be named for legal reasons, asked her if she was okay and told her to cry if she needed to. Ms Letby responded: 'I’m ok just feel like ive been running around all day and not really achieved anything positive for him….don’t want to cry in front of people here maybe when I’m home'
At the end of her shift, Ms Letby sent a WhatsApp message to a nursing colleague, who also cannot be named, saying: 'Losing the will'
7.40pm: Notes from 19:40 on June 15 show that there was a further 'profound desaturation'. Child N had 'colour loss' and required neopuff breathing support
At 19:48 the baby boy required resuscitation and a number of doses of adrenaline
He eventually stabilised. Ms Letby said in a message to a colleague, who can't be named for legal reasons, that Child N's parents were present and had had the boy christened.
Court has been shown numerous messages between Ms Letby and a doctor [Dr A], who cannot be named for legal reasons. In one of those messages she asks 'What do you think caused his (Child N's) bleed?'
The doctor responds: 'I think there will be a haemangioma or collection. If it was epiglottitis his crp should have been higher because he was starting to become unwell'
Doctor says he's 'optimistic he'll be okay' Ms Letby responds: 'That's brilliant news, thanks for letting me know' - soon after the boy was discharged from Alder Hey hospital
Mr Myers now turns to the case of Child N, a baby boy born on June 2, 2016, gestational age 34 weeks plus 4 days, weighing 1,670g. Mr Myers asks Letby how important it was for her to treat these babies. "Very important - I took the job extremely seriously...we want to make sure the babies go home." Mr Myers says Child N was born with haemophilia. Mr Myers says the first event was on June 3, at 1am when Child N was said to be "screaming or crying", desaturating, and was treated with breathing support. The second event was on the morning of June 15, when Child N had a "profound desaturation", and following from that, there were attempts to intubate him, and blood was found in the oropharynx. The third event was a "profound desaturation" at about 3pm on the same day and 3ml of blood aspirated from the NG Tube, followed by multiple attempts to intubate Child N. At 7.40pm, as a team arrived from Arrowe Park, there was a further desaturation for Child N.
Mr Myers asks Letby about Child N. Letby says she had not encountered
a baby with haemophilia and staff on the unit were "quite panicked" about the prospect of
caring for a baby with haemophilia, as they had little/no experience either. A message
Letby sent to a colleague on June 2: "Everyone bit panicked by seems of things although
baby appears fine" The response: "Male?"
LL: "Yeah" The response: "Factor 8?"
LL: "Not sure I only know what's on handover sheet as Dr etc all in with him doing
head scan etc" Letby said at the time, she did not know what 'factor 8' referred to. The
response: "Lad with haemophilia when worked community with Leighton on placement"
LL: "Ah ok I'll have to Google it later lol don't know much about it" Response: "Have
to b careful with cannula/heel pricks etc "Give Factor 8 or Factor 9 I think it is
dependent on which clotting factor deficiency is "Have as infusion for rest of life"
LL: "Wow" Response: "Nearly always make [then corrected to 'male']"
"We were going out supervising parents starting to give the boy his prevention
injections themselves "Wonder if knew antenatally "Must have done suppose to know now
"Sure boy we went to had it thru port-a-[cath]"
LL: "Complex condition, yeah 50;50 chance antenatally" Letby says her nursing
colleague had more experience, and it was a 50:50 chance that the mother would pass on the
condition to the baby. She said it was something she had heard of, but did not know the
details of that.
The shift rota for June 2-3 is shown to the court. Lucy Letby is on
duty. She says she has no memory of the shift. A note by Dr Jennifer Loughnane for Child N
at 0110: 'desat, unsettled...got upset, looked mottled, dusky, sats down to 40% - 100% O2.
On my arrival 40% O2. screaming, poor trace on sats probe, pink, attempt to settle,
crashed bleeped away. On return...sats 100%, asleep...' Letby denies having any
involvement in the incident. A note by nurse Christopher Booth for Child N: '...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 within 30 minutes...' Letby again denies having any involvement in this
event for Child N. A neonatal schedule for June 2-3 is shown to the court. She tells the
court she was doing feed/observations for one baby and assisting in prescriptions for
another baby. Neither of them are Child N. The event is recorded for Child N at 1am. Letby
is next recorded on the schedule at 2.30am. "Did you know there had been an incident with
[Child N]?"
"No." Swipe data is shown that Letby entered the neonatal unit at 1.15am. The court
has heard swipe data is collected when staff members enter the unit, not exit. Letby tells
the court she may not have been in the unit at 1am. "The allegations against you are of
the most grave nature, aren't they?"
"Yes." In June 2016, Letby is asked about 'concerns outside of work' - Letby said she
had "an active life" with hobbies and friends. Instant messages are shown to the court,
from the morning of June 13, in relation to packing for a holiday Letby took with a friend
and a nursing colleague. The discussion refers to a series of Love Island and who hosted
Love Island/Temptation Island. Mr Myers explains to the court who Abbey Clancy is. Mr
Myers asks if Letby was thinking about killing babies during that time. Letby denies that
was the case.
A shift pattern for Letby for June 2016 shows Letby worked long day
shifts on June 8, 10, 11, 13, 14 and 15.
A doctor colleague says, on June 14: "Am I right in thinking you'll have done 6 long
days in the last 8? No wonder you're tired"
Jones-Key: Letby says at the end of her June 14 shift, for the handover of Child N's care
to Jennifer Jones-Key: "I don't recall there being any concerns at that time" for Child N.
A nursing note by Lucy Letby for June 14 is shown to the court. It includes: '...repeat
SBR this morning on downward trend but not yet >50 below treatment line but otherwise
ready for home'. Letby says Child N was being treated for jaundice and required further
phototherapy. Once that was complete, he was ready to go home. Jennifer Jones-Key notes:
'...baby very unsettled early part of night. I noticed that just after 0100 feed baby
looked very pale, mottled and veiny. Abdomen slightly bigger - seen by NNU nurse Belinda
Simcock, advised to place baby on saturation monitor...after 30 mins noted to be having
desaturations to low 80s, no intervention required but quite frequent. Rest of
observations within range....baby looked worst this morning...10% dextrose commenced...'
Letby agrees Child N deteriorated during the night. ...at 0715 baby crying and dropped
saturations - seen by NNU nurse Lucy. Neopuff given with 100% oxygen...noted to be mottled
all over body and blue in colour and cold to touch. Decision made to transfer to nursery
1... At handover baby dropped saturations again and required Neopuff. Care handed over to
NNU nurse Lucy Letby'. Swipe data shows Letby and a colleague entering the neonatal unit
before 7.15am, in time for the 7.30am shift. Letby recalls she went to nursery room 3 to
talk to Jennifer Jones-Key "She was a good friend of mine" - as part of getting ready to
work. The handover had not yet taken place "not that I'm aware of". She said the chat
happened and "within minutes" Child N's monitor went off and Child N appeared mottled.
Letby says Jennifer Jones-Key was tending to another baby. Letby says she was within the
doorway and had not entered the room. Child N was in a cot by the doorway. Letby said she
went straight over to him and he was a 'bluish colour' and she called for help. Letby says
Jennifer Jones-Key finished what she was doing and came over to help. A registrar doctor
came over almost immediately to help. Child N recovered from the initial episode but
deteriorated again "very quickly". "His colour was not good, he was mottled, and the
decision was taken to move [Child N] to room 1". Letby says she had been in the unit for
"minutes". The doctor said the decision was made to intubate Child N. Letby tells the
court she got the equipment ready for intubation, including routine drugs.
A neonatal schedule shows Letby assisted in the administration of medication for Child N at 8am-8.06am. Letby is asked if she saw blood at some point during the intubation process. Letby says she does recall that, but cannot recall at what point that was. The doctor's notes: 'Attempted intubation x3...using size zero blade. Blood present at oropharynx. Unable to visualise tracheal inlet. Suction did not clear the view. Intubation abandoned due to blood present...oropharynx...trauma due to repeated attempts.' Letby recorded in her notes: '...unable to intubate - fresh blood noted in mouth and yielded via suction ++' Letby tells the court her interpretation of the note is the blood would have appeared after the attempt to intubate.
A 3pm note on a fluids chart records '3ml fresh blood' as an aspirate. Letby says she did recall seeing blood in the afternoon. The note is signed by a nursing colleague of Letby - the other hourly observations are signed by Letby. 1ml fresh blood is noted by Letby at 10am and 6pm. Blood++' is also recorded by Letby on a note, which the court hears is "after 8am". "Blood in mouth" is recorded at 9am.
Mr Myers refers to police interviews Letby had. Letby says none of what was discussed in the questioning referred to any blood seen on Child N prior to the 8am intubation. She told police the "airway issue" was from 3pm-4pm, in attempts at intubation, and recalls, from memory, seeing blood prior to 4pm. Letby denies saying she saw blood prior to 8am.
Benjamin Myers KC, for Letby's defence, is asking Letby questions
for the third event for Child N on June 15, 2016. Lucy Letby's nursing note on that day,
written retrospectively, includes: 'Infant has had periods of apnoea during the
morning...improving by afternoon. Observations stable... Approx 1450 infant became
apnoeic, with desaturation to 44% hr 90bpm, fresh blood noted from mouth and 3mls blood
aspirated from NG Tube....Neopuff commenced and Drs crash called...unable to obtain secure
airway...[Drs] unable to insert ET Tube...I Gel airway inserted and infant ventilated'
Letby says after this event, she has some memory of it. "It was becoming increasingly
chaotic- more and more staff [were called out to assist]. "There was a sense of panic that
we weren't sure how we were going to manage [Child N]. "There were loads of people [called
to care for him], I would say 10-15. "[Child N] needed such care that he needed two people
to care for him [at all times]. A transport team from Alder Hey was called out to assist,
and bring 'Factor 8' "as an emergency". Letby says Factor 8 was required for Child N, but
none was available on the unit. Mr Myers says it was known Child N required Factor 8, and
Child N had been at the unit since his birth.
Letby: "It became a panic then."
"I think baptism was offered to the parents at some point...there was a lot going on
in the room. "The team from Alder Hey came and there was a lot of discussion...the team
had brought a lot of specialist equipment over...at this time, handover was taking place
[around 7.30pm] and around this time, that was when the episode happened."
Doctor's notes record: 'At 1940 desat 80 [down to] 50 [down to] 40%
+ associated brady. Resus...' Letby's notes written at 8.53pm recorded: 'Medical team from
AHCH arrived approx 1900. Assessed [Child N] and decision made to attempt intubation in
CLS theatre...at 1940 profound desaturation (30s) with colour loss. stiff and back
arching. Became bradycardic....mottled++. Drs present. Resus commenced...care handed over.
All events took place on NNU prior to moving to CLS theatres. NWTS team arrived 2040.'
Letby says Child N "was the focus of the whole unit" at that point, and there were
concerns staff could not get him intubated. "It was a real concern, we were all worried
about him."
"It was something I had never experienced before - I had never seen that many people
in the nursery for one baby. "The concern was if we couldn't get an airway...then we would
have to undergo surgery... "It was frightening...for his safety."
11:25am: Mr Johnson is now turning to the case of Child N, born on June 2, 2016. Letby, in her defence statement, says she had never encountered a baby with haemophilia before, and no-one on the unit seemed specifically to know how to care for such a baby. She says she does not believe Child N 'collapsed', and it was not accurate to say he had screamed for 30 minutes. She denied causing any harm to him.
11:30am: Letby tells the court she does not believe this event, for Child N, was a collapse which required resuscitation. The court is shown the nursing rota for the night shift of June 2-3. Letby was designated nurse for two babies in room 4. Child N was in room 1 with one other baby - the designated nurse for both babies was Christopher Booth. Letby rules out staffing levels or incompetence as factors in Child N's collapse. Letby agrees Child N collapsed just after Christopher Booth went on his break. Letby denies she was 'bored' or had 'time on her hands' working in nursery 4 that shift. She agrees Child N 'was in good shape' at the start of the shift.
11:54am: The neonatal schedule for June 2-3 is shown, with Letby's duties for
her two designated babies from 8.30pm-8.38pm. One of the designated babies received a 50ml
NGT feed at 8.30pm as they were asleep. Letby says that feed can take '10-15 minutes or
so'. She says she can't put a 'definitive number' on it. Mr Johnson says other estimates
for this kinds of feed have been 20 minutes.
Letby: "I really can't say." Mr Johnson says Letby was texting her friends 'right
through this shift'. A sequence of messages is shown to the court. The first sent by Letby
is at 7.33pm, followed by 7.35pm, 7.58pm, 7.59pm, 8pm ['We have got a baby with
haemophilia'], 8pm, 8.01pm, 8.02pm, 8.03pm, 8.04pm [Ah ok I'll have to Google it later lol
don't know much about it [haemophilia]], 8.06pm, 8.11pm [Complex condition, yeah 50;50
chance antenatally].
NJ: "That is where you got the answer from, Dr Google?"
LL: "No, '50:50' is something staff would know"
Messages are sent by Letby at 8.26pm [Ffs Mel asking me how to make up 12.5%], Letby
said she was "shocked" that a band 6 colleague was asking her how to make up such a
solution, when she could have looked for herself.
8.29pm: 'No I've passed her folder but now asking if can run via cannula- she needs to
look herself!'
Letby says she was "not happy" with Mel.
Another message is sent from Letby at 8.29pm, and at 8.31pm, and 8.31pm, at 8.32pm,
8.34pm.
Letby is asked how she can feed a baby at 8.30pm when she was also texting.
LL: "You can't."
Letby denies feeding the baby "very quickly" by putting the plunger on the end.
Another message is sent from Letby at 8.38pm [Had strange message from [doctor
colleague] earlier...']
Mr Johnson asks if Letby's nursing colleague was implying Letby and the doctor were in
a relationship.
Letby says she does not know.
Letby's colleague sent two messages: "Did u? Saying what?"
"Go commando? 😂"
Letby is asked by Mr Johnson if she knows what the implication of 'go commando' means.
LL: "I don't know what was meant, I can't say right now."
NJ: "Do you think this was an army reference, being from Hereford?"
LL: "I don't know."
The messages are sent by Letby at 8.39pm, 8.40pm, 8.41pm, 8.43pm [Do you think he's
being odd?], 8.44pm [Shut up!], 8.44pm [I don't flirt with him!].
12:03pm: The text message conversation was:
Letby: 'Had strange message from [colleague] earlier....'
Reply: 'Did u? Saying what?'
Letby had replied at 8.39pm: '😂😂😂😂'
LL: 'Asking when I was working next week as wants to talk to me about something, has a
favour to ask..?'
Reply: 'Think he likes u too'
Reply: '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...🤔''
Reply: 'Hmm'
LL: 'Do you think he's being odd?'
Reply: 'Thought as flirty as u'
LL: 'Shut up!'
Reply: 'What?!'
LL: 'I don't flirt with him!'
Reply: 'Ok'
LL: 'Certainly don't fancy him haha just nice guy'
Reply: 'Ok'
12:11pm: Mr Johnson says Letby was 'texting non-stop' on the nursery room. Letby says the feed "must have happened at a different time". She says she cannot answer when. She denies 'pushing it through' the feed. Mr Johnson says Child N collapsed at 1am. Christpher Booth '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 within approximately 30 minutes and colour returned to normal...' Letby tells the court this was not a 'collapse' as facial oxygen was all that was required, not resuscitation.
12:14pm: Mr Johnson says Dr Jennifer Loughnane had a 'look of surprise' in court when she had read her note she had written Child N was 'screaming', as that was unusual. Letby says she does recall that. She denies sabotaging Child N.
12:23pm: Mr Johnson turns to the second set of events for Child N on June 15,
when the plan was for Child N to go home that week. Letby agrees he only needed
phototherapy at this stage. A feeding chart is shown for Child N, who was being fed mostly
expressed breast milk. Child N's mother had visited on the morning of June 14, and in the
evening, at 5.15pm. Child N had taken a 60ml bottle feed. Letby agrees with Mr Johnson
this was "a very good sign". Mr Johnson suggests Letby did something to destabilise Child
N before the end of her day shift.
LL: "No I did not." Letby says it was a "coincidence" Child N was, according to
nursing notes that night "very unsettled early part of night", with observations of
mottling.
12:26pm: Letby is asked about a message sent by a nursing colleague at 5.26am
which said 'Baby [N] screened, looks like [s***]'
Letby responded: 'Oh no'
Letby denies she saw this as an opportunity to sabotage Child N during the day shift.
LL: "No, that's not what happened."
12:29pm: Letby messaged a doctor colleague at 6.04am on June 15: 'Wonder if
I'll find my way back into 1 today then....',
This is in response to his message at
5.53am, which begins: 'What a chaotic 7 hours! Sorry - I may have filled NICU [...] Have a
good breakfast 😉 I think your day may be busy.'
12:41pm: Swipe data shows that Letby is on the neonatal unit at 7.12am. Child N desaturated three minutes later and was 'crying'. Letby says she does not recall Child N crying. She says, at the time, she was in the doorway, talking to Jennifer Jones-Key - her friend, when the alarm for Child N went off. Letby says it "was very busy" and "a lot of intervention was needed" for Child N after he collapsed. She does not cite staffing levels as a contributing factor for the collapse, or a mistake by medical staff. Letby says she "does not know" if issues with intubating Child N were a factor, and does not know what caused Child N to collapse. She denies "setting up" Child N to collapse overnight.
12:45pm: Letby, in her defence statement, said she had gone to nursery room 3 not to see Child N specifically, but to speak to Jennifer Jones-Key, her friend. She said Child N was 'blue' and 'not breathing'. She shouted for a doctor colleague to assist and Neopuff breathing assistance was applied. Letby is asked about the 'Jennifer and I were talking at the doorway'. Letby says she meant only she was at the doorway, and Jennifer Jones-Key was in the nursery room.
12:48pm: Letby, in a Facebook message to a colleague: 'No repeat today. I've
escaped being in 1, back in 3' at 7.12pm. Mr Johnson says Letby had gone in to room 3 as
she knew by that point she was designated babies for that room. Letby says she had gone to
see her friend. Letby denies sabotaging Child N. Letby agrees it was a "serious event"
which happened "within a minute or two" of her entering the room. Mr Johnson says it was
"bad luck?"
Letby replies: "Yes."
12:59pm: Mr Johnson asks Letby when blood was seen orally on Child N. Letby
replies "the only time definitively" she recalled that was at 3pm. she says that is on her
memory "sitting here now". Mr Johnson says if she had recorded blood observations at the
time, would she accept that now? Letby says she would, although it may have been based on
what people had informed her at the time. Mr Johnson says the one who would have informed
her would have been the doctor colleague she "loved as a friend". Letby's nursing note:
'...infant transferred to nursery 1 on handover. Mottled, desaturating requiring Neopuff
and oxygen.' Letby says "both" she and Jennifer Jones-Key had gone over to Child N at the
time of desaturation. Mr Johnson says Letby was "hoping to create the impression" on the
nursing notes that the problems for Child N happened before the handover.
LL: "No, I disagree." Letby tells the court she had taken over Child N's care from
7.30am.
1:01pm: Letby's note, written at 1.53pm-2.10pm adds: 'unable to intubate - fresh blood noted in mouth and yielded via suction ++'. Letby says the 3pm blood observation was the first one she could "definitively remember". Mr Johnson says this note is a 'good hour' before that observation. Letby denies Child N was bleeding from when she first got involved that day.
2:13pm: The trial is now resuming after its lunch break.
2:22pm: Letby says she knows there was blood recorded prior to 3pm. Mr Johnson says the doctor colleague recalled, in evidence, seeing blood before the intubation process at 8am. Benjamin Myers KC, for the defence, rises to say that in cross-examination, the doctor colleague did not rule out the possibility the blood was present after the attempt to intubate. Mr Johnson says there was an attempt to intubate at 8am. Letby agrees. Letby also agrees with the observation there was swelling at the back of Child M's throat. She says she "cannot comment" further on what the doctor colleague saw.
2:24pm: Letby recorded in her notes, written at 1.53pm retrospectively: '...unable to intubate - fresh blood noted in mouth and yielded via suction ++' Mr Johnson says the doctors could not see, for the blood. Letby says she cannot say what doctors observed. Letby agrees that evidence from Professor Sally Kinsey ruled out 'spontaneous haemorrhage' for Child M at this time.
2:35pm: Letby is asked about family communication with Child N's parents. A
note by Letby at the time: 'Parents were contacted by S/N Butterworth during intubation.
Both mobile phones switched off and no answer on landline. Message left. Call returned
shortly after and parents were asked to attend. Have been present since. Both
understandably upset...' Agreed evidence said Child N's mother had said Lucy Letby had
been in contact with them. Letby says "it's a difference in recollection". Mr Johnson says
this is agreed evidence, it's the truth. He says Letby's note "is a lie".
Letby: "no, it's not." The mother recalled Child N 'had a bleed and was unwell', and
said Letby had informed the parents of this.
Letby: "No, I disagree."
NJ: "But it's agreed evidence."
LL: "Well, I disagree with it now." Mr Johnson says this is another account from a
parent which Letby says is untrue. Mr Johnson says Letby has been 'firing out post-it
notes from the dock' during the trial, but had not raised this issue at the time.
LL: "I'm not sure."
NJ: "Is the answer no?"
LL: "It's not something I raised with my legal team."
Letby: "I don't want to comment on whats, ifs and buts." Mr Johnson says Letby
interrupted when the mother of Child E and F gave evidence, to say she couldn't hear, and
wanted to leave the courtroom when a doctor colleague began to give evidence.
LL: "Yes, because I felt unwell." Mr Johnson says: "No, no..." adding that it was
because it was her boyfriend who was giving evidence.
Letby: "That's not fair." Mr Myers rises to say the line of questioning is
inappropriate, and asks for the opportunity to consider the issue raised [of a dispute in
agreed evidence].
2:39pm: Letby adds she did not make the phone call to Child N's parents, and
denies making false entries in the paperwork. An intensive care chart is shown for Child N
on June 15, saying at 10am '1ml fresh blood'. Letby says she "cannot say" if it was a
vomit or aspirate. The note is in Letby's handwriting. Letby is asked what she did about
it.
Letby: "I cannot say right now."
2:42pm: Mr Johnson asks what would Letby do if fresh blood was observed in
Child N's mouth?
LL: "I don't know if it was in the mouth." Letby adds such an observation would have
been escalated, but she does not know who to. Mr Johnson says there is no record of it
being escalated. Letby agrees there is no "written record", but it may have been verbally
escalated. She says 1ml fresh blood is not normal but not a life-threatening event. Mr
Johnson says for a baby with haemophilia, it was serious. Letby says it would be a
concern, and would be escalated.
2:46pm: A doctor in the ward does not record the bleed during the ward round,
the court is told. Mr Johnson says Letby has "invented" the blood reading for 10am.
Letby: "I disagree." Mr Johnson suggests it was all designed to give an ongoing
impression for a child with haemophilia. Letby disagrees.
2:48pm: Letby says it's true that an NG Tube can cause "a small amount" of bleeding in the mouth. Letby says she cannot say if she didn't escalate it [the bleed in Child N] verbally.
2:51pm: A Facebook message from Letby is sent to a doctor colleague at 11.29am on June 15. Small amounts of blood from mouth & 1ml from ng. Looks like pulmonary bleed on Xray. Given factor 8 - wait and see. Apnoeas have improved & gases good, colour & perfusion still not Great. If deteriorates will try to intubate.' The x-ray report ruled out a pulmonary bleed. Letby says this report came some time later. Mr Johnson suggests either there wasn't a problem at all, that Letby was making evidence up, or Letby was causing the problem. Letby disagrees.
2:54pm: Mr Johnson says a statement from the parent of Child N said the
collapse was so serious a priest was offered. Mr Johnson says this collapse must have been
the one at 2.50pm. Letby noted: 'approx 1450 infant became apnoeic, with desaturation to
44%...fresh blood noted from mouth and 3mls blood aspirated from NG tube...drs crash
called...'
NJ: "What had you done to cause this in [Child N]?"
LL: "I hadn't done anything."
2:59pm: Letby denies "shoving a foreign object" down Child N's throat.
Letby: "Absolutely not."
NJ: "It's all your work, isn't it?"
LL: "No it's not at all." Letby agrees she was 'agitated' by the need for assistance
from Alder Hey, as she had not known a case before of people from another hospital coming
in to assist.
NJ: "Do you remember saying 'who are these people?' 'who are these people?'"
"Yes, because I had never experienced who these people were [coming in from a
different hospital.] ...It was a completely new experience." Child N later collapsed once
more. She denies using the doctors being in a 'huddle' as an 'opportunity' to try and kill
Child N again.
See also: INQ0101334 – Thirlwall Inquiry Witness Statement of Caroline Oakley, dated 30/04/2024.
A statement from Caroline Oakley is read out to the court, in which the nurse describes Child N being born, transferred to the neonatal unit, and describes being aware the mother was a haemophilia carrier.See also: Melanie Taylor's oral testimony at the Thirlwall Inquiry
Nurse Melanie Taylor, in her statement, says she "vaguely" remembers Child N by the name, but does not recall the shift. She confirmed she was the shift leader for the night of June 2/3, 2016.See also:
INQ0017829 – Thirlwall Inquiry Witness Statement of Sophie Ellis, dated 11/04/2024
See also: INQ0098315 – Thirlwall Inquiry Witness Statement of Christopher Booth, dated 16/05/2024.
Christopher Booth, in his statement, is asked about the night shift he was on for June 2/3, 2016. He said he remembered Child N as it was unusual for a neonatal baby to be a haemophiliac. He adds his memory of the shift is "limited".See also: INQ0017280 – Witness Statement of Valerie Thomas, dated 31/03/2024
Valerie Thomas, in her statement, says she does not recall Child N or the night shift of June 2/3, but does know she was on that night shift. She says she was likely working in nursery room 3 or 4.See also: Huw Mayberry's oral testimony at the Thirlwall Inquiry
Taken from Dan O’Donohue TwitterSee also: INQ0017998 – Rule 9 questionnaire response of Jennifer Jones-Key, dated 24/04/2024.
Taken from Dan O’Donohue Twitter 03/03/23See also: Dr As's oral testimony at the Thirlwall Inquiry
Taken from Dan O’Donohue TwitterSee also:
INQ0008978 - Pages 4 & 5 of letter from Dr John Gibbs to Mother & Father C re Child C's death, dated 24/09/2015
INQ0001993 – Page 14 of Witness statement of Dr John Michael Gibbs, for the trial of R v Letby, dated 20/11/2017
Dr John Gibbs' oral testimony at the Thirlwall Inquiry
See also:
INQ0103104 – Thirlwall Inquuiry Witness Statement of Dr Stephen Brearey - various pages, dated 12/07/2024
Dr Stephen Brearey's oral testimony at the Thirlwall Inquiry