Tuesday, June 29, 2010

MEDICAL HISTORY PART 2 of 3 / Part 234 / For Love and For Justice / Zabeth and Paul Bayne/

Providing it in several parts, this will be as definitive a medical history on the Bayne infant as you will read online.
At the start of the MCFD hearing for a continuing care order for all three Bayne children, Judge Tom Crabtree in his wisdom ruled that there would be no ban on information presented during the court proceedings. The medical reports are a component of the submissions presented during cross exmaination. I have access to this information. Medical testimonies have been heard although not all of them have been ruled as admissible by Judge Crabtree.
This is what I have read. I have chosen not to do a narrative but to cite the medical data factually. I RESTATE OR CAPITALIZE A FEW KEY OBSERVATIONS.
Dr. Anquist: Baby B remained at MSA Hospital from October 6-9 in the care of Dr. Warren Anquist, during which time tests were done and cultures remained negative so she was discharged. His note mentions that Baby B was okay until ten days prior when she was on the floor and seemed to whimper. THERE IS MENTION OF THE BROTHER STUMBLING UPON HER. She vomited and struggled to breath. He says her fontanelle was full but not bulging. He notes poor feeding and regurgitation. He notes some concern about POSSIBLE INTRACRANIAL BLEEDING and suggests observation of serial head circumference. Her overall tone was reasonable. CURIOUSLY (in this medical note) DR. ANQUIST MAKES A NOTE ABOUT PAUL BEING RECENTLY LAID OFF FROM HIS WORK IN A FOUNDRY BUT DOING WEB DESIGN NOW AND ZABETH TEACHING PIANO AT HOME. ( In fact he did not do web design but hand drawn sketches and was offering drawing classes.)

Dr. Ebesh: Dr. Ebesh followed up with Baby B on October 16th. He noted that her HEAD CIRCUMFERENCE HAD INCREASED TO 40 CM. (up from 33 cm at birth). He made arrangements for a head ultrasound and a CT scan which revealed bilateral subdural hemorrhages and fluid collections.

Dr. Numweiler / CT Scan: On October 18, 2007 Baby B (2 mo and 15 days old) was admitted to Chilliwack General Hospital for a CT/Head scan conducted by Dr. Christine Numweiler. Prior to the scan the doctor was provided with a history of the child's trauma and sub-acute subdural hematomas. She found bilateral pan hemispheric subdural hypo attenuating fluid collections and a left extra-exial cerebellar hypo-attenuating fluid collection that she viewed as consistent with subdural hematomas.

Dr. Colbourne / Paediatrician / Child Protection Service Unit / BCCH
On October 18, 2007 Dr. Colbourne reported her findings to Loren Humeny (MCFD) and Hope RCMP Constable Taylor. She notes that the parents have recounted a mid September episode in which a sibling brother fell on Baby B with heads colliding. Baby B cried but had no signs of bruising or swelling. She was checked by a family doctor the following day. She appeared well. Colbourne records that the family estimated it was a few days later that Baby B vomited and developed an unusual cry. She even appeared to the parents to go limp and pale and in need of mouth to mouth breaths. (Dr. Colbournes summary missed the following detail perhaps because she was not informed about it: Paul performed CPR on Baby B at home and then Zabeth performed CPR in the van on route to the hospital.)  The family took the baby immediately to Hope Hospital. Although shortly she looked well and was discharged, the parents said she did not feed and so they returned with Baby B to the hospital. She was assessed and transferred to MSA Abbotsford. She notes that Paul's father had childhood epilepsy which resolved in adulthood. There's a suggestion of a venous bleeding disorder in the maternal grandfather. Colbourne herself found that Baby B did not follow with her eyes, the fontanelle was bulging and sutures splayed. Head circumference measured 41 cm. She handled well and all four limbs moved well. With the CT scan from MSA Hospital and the ophthalmologic results from Dr. Gardiner and the MRI from Dr Poskitt, Dr. Colbourne concluded that Baby B had VERY LARGE CHRONIC SUBDURAL HEMORRHAGES, EXTENSIVE UNILATERAL RETINAL HEMORRHAGES AND A FRACTURED PROXIMAL LEFT FEMUR. THESE SHE FOUND TO BE INDICATIVE OF INFLICTED TRAUMA AND CONSISTENT WITH A SHAKING TYPE OF INJURY. SHE SURMISES THAT THE COLLECTION OF FINDINGS POINT TO A TRAUMA PRIOR TO SEPTEMBER 26TH PRESENTATION. SHE REPORTED THIS TO MCFD AND THE POLICE.

Dr. Gardiner / Ophthalmology: Dr. Jane Gardiner, (paediatric ophthalmology) examined Baby B on October 19th because, as she was informed, there was presumed non-accidental injury. She had retinal hemorrhages on the left side. Her visual attention was questionable. As she wrote this note to Dr. Cochrane on Nov 6, 2007 she had examined the child again that day and stated that she WAS NOT CONVINCED THAT THE CHILD COULD SEE, not responding to bright lights or follow the OKN drum reliably either horizontally or vertically. She still had a subhyaloid hemorrhage temporal to the macula and may have macula damage. There were faint deeper hemorrhages temporal to this. Most earlier hemorrhages had been resolved. SHE CONCLUDED THAT THE CHILD WAS INAPPROPRIATELY VISUALLY ATTENTIVE FOR HER AGE and referred Baby B to Dr. Carey Matsuba.

Part 3 of 3 tomorrow


  1. Questions:
    At what point did Loren Humany FIRST receive an intake, ie. before Colbourne's report from the Hoffmans - something about the boys being too thin?

    The notation about Paul losing his job and the incorrect observation is interesting, almost as if the doctor was being apprised by someone other than the Baynes, describing stresses at home.

    with the intent that the reader . Would the inference allude to a would be there home stressors that would hint

  2. I am sorry Anon 6:56 AM, I do not know the precise timing of the intake call with respect to the call-in of concern. Humeny reads this regularly so perhaps he can tell us. Baynes have their lives full of important matters and I don't wish to ask them. Yes I found reference to Paul's job situation curious in that particular doctor's report before there was an SBS diagnosis. Yet perhaps in customary interaction between doctor and family such questions and responses are engaged and noted for future reference. I'm not sure.

  3. Is it possible the trauma that occurred (to the Baynes' baby girl) could have happened in the hospital? Is it possible this little girl could have had some kind of fall or whatever, while in the hospital, or otherwise out of the care of the Baynes?

    Also, I find this curious:

    "(Dr. Colbournes summary missed this detail: Paul performed CPR on Baby B at home and then Zabeth performed CPR in the van on route to the hospital.)"

    This, you would think, would be a very important piece of information for the doctor to include in her report.

    I note that it is a doctor from the Child Protection Unit at the BC Children's Hospital, who was the one to contact the Ministry of Children and Family Development, as well as the RCMP. I wonder how many reports are made by this Child Protection Unit that result in the apprehension of babies or children? Would there be any way to acquire that information (i.e., how many children are apprehended on the basis of reports from the BC Children's Hospital Child Protection Unit).

  4. Continuing with the topic of those who passively or actively aid and abet directors who abuse authority. External review systems part 2.
    The representative for children and youth.
    Judge Ted Hughes played an important part in establishing the office of the YCR. He made one recommendation, with which I strongly disagreed. He noted that Paul Paulen had some powers and he was too adversarial.I could not really see that Paulen had any other choice when constantly faced with an intransigent ministry. Hughes thought that to give powers to the YCR would make the ministry unmanageable. Does anybody really think that it is manageable? So the good judge helped to make the YCR into a toothless watchdog. All she can do is bark and bark she does She actually reports to the inter-party child welfare committee. The committee does have some powers of recommendation, but as they seem to be unable to avoid quibblint along party lines, they are of limited effectiveness. The representative's main power is the same as everyone else's. It is the power of the news media. She makes public some of her findings.
    Her officers work hard behind the scenes trying to advocate for various people. They have access to documents, but they can only rely on powers of persuasion. They too are reluctant to take on cases which are before court and at one time they wanted to drop the Bayne case. However, the parents argued that there were various issues about duty of care, which should concern the representative. A senior officer was assigned to the case, who shared many of the Baynes' concerns in the matter. He met with the director and did his best to address some of the issues.
    Of course it would be totally inappropriate for an officer like the YCR to make any public statements while the case is before court. However, she will be much freer when the final ruling is made. In the meantime all she can do is to keep an eye on the case as it unfolds.I think that an important principle was established in the Bayne case. The director is never absolved from duty of care and he can be made accountable to the YCR. Being before court does not alter this. The Baynes found that the YCR officers were helpful, concerned and responsive. They did their best within their limited powers.
    Ron; I would like to do a piece on duty of care and one on assessment and evaluation. Which would you prefer first?

  5. Ray, assessment and evaluation first if you don't mind?

  6. Ron; There was a woman who lost her children 19 days ago. I think it was CW who chastised people who wanted to help her, because she might be a child abuser. I thought you made a very good and compasionate response.
    I would like to say that CW needs to rethink this one. I take the view that it is irrelevant whether the parent is "guilty" or not. She/he has a right to be informed of her rights and what the process is. Parents have a right to a fair and just process, with disclosure and proper representation. Even in with my most horrible cases, I used to condsider it my duty help the parents get a fair hearing. Justice demands it and the safety of the children demands it. When I got an order, I wanted it to be secure.

  7. Is there any way parents, and others, can find out how many children (or babies) that go to the BC Children's Hospital are subsequently apprehended because of a recommendation and / or report of someone who either works at the hospital or, specifically, in the Child Protection Unit of BC Children's Hospital?

    Is it the case that a child is more likely to be apprehended if they attend at the BC Children's Hospital, given the fact that there is a Child Protection Unit? In the case of the Baynes this seems to be what happened.

  8. we dealt with the doctor specialized in child protection. In court doctor was boasting about his testimonies 15-20 times a year for the last 15 years. On the question how many time did this doctor represent parents the answer was "none". Now how many families are victims of this doctor? How many lives was destroyed?

  9. Anon 9:32am comment on the possibility of injury while in the hospital might be a thread worth following up on.

    A U.K. journalist commenting on the Baynes case noted what appeared to be the doubling up of drugs, Domperidone perscribed by Dr. Sorial October 3rd 2007, and I believe also perscribed to Zabeth as well which this doctor was not aware of. I received this story at the first piano concert Zabeth put on. The journalist contends the doubling up of this druge and the side effects have also be interpreted as SBS.

    See "Child Protection stole Christmas from families around the world with SBS accusations"
    by Christina England, a U.K. journalist, December 30, 2009. http://www.americanchronicle.com/articles/printFriendly/134552

    From this point Oct 3rd, complications appear to drastically increase over the next few days, then they subside at the date of SBS diagnosis.

    I found it curious to hear in court that the baby was released to the foster parents within days of the SBS diagnosis, so perhaps part 3 will enlighten in this area.

    Were there other further lengthy stays in the hospital after this?

    There is another website full of doctor reports http://apleaforjustice.org/Reports.aspx


    Another interesting comment worth following up on would be to file a freedom of information request on the Health Ministry to list all doctors who make reports to MCFD that result in removals. Obviously, it would be of great interest to see how many SBS diagnosis there are over the past 5-10 years and where the bulk of these are coming from.

    I understand that FOI requests made against MCFD will encounter significant delays as they have their own FOI department, but perhaps if the Health Ministry receives the freedom of information request and a more generalized format with the reason it is made in the public interest, you may get something back in 30 days.

    The question I would want answered is how many doctors in BC diagnosis SBS and how prevalent is this? After that, how many such babies were removed and subsequently kept permanently due to a continuing custody order, and how many involved criminal abuse charges. Finally, how many false alarms, or cases where babies were returned after SBS diagnosis, CCO.

    Another approach also would be to file an FOI request against all police departments to find out how many child abuse charges were brough to their attention, how many went to trial, how many were aquitted, etc. etc. I suggest this route as police are more responsive to such requests.

    It would be interesting indeed to see how common such an SBS diagnosis is and if the babies were still alive and in care.

  10. Go to the largest legal database (that is free) in Canada:

    Select BC,

    then in Box 1 (where it says "full text"), put in the following terms, in quotations:

    "shaken baby syndrome" "children's hospital"

    You'll probably see a few doctors who are handling these bogus SBS cases.

  11. That Legal Database referred to above is:




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