Tuesday, August 10, 2010

MONDAY IN COURT, SARGENT & TRUTH / Part 275 / For Love and For Justice / Zabeth and Paul Bayne/

He was MCFD's final witness. To tell the truth and nothing but the truth. Yesterday's witness did that I believe. His was a five page report that was thorough and well reported. I believe he told the truth in the report and under questioning by lawyer Finn Jensen and cross examination by Doug Christie yesterday.

Michael A. Sargent, is a full-time paediatric radiologist practicing in the Department of Radiology of the BC Children's Hospital for the past eighteen years. He carries the rank of Clinical Professor of Radiology with the University of British Columbia. He is presently the Acting Director in charge of the magnetic resonance imaging area at the Hospital. He is also a member of the American Society of Pediatric Neurology. He reviewed all radiological imaging studies done for Baby B that are on the PACS system of BCCH. And yesterday his testimony was decidedly not anti-Bayne.

To make a case in support of the Ministry claim that one or both of the parents was responsible for the baby's injuries, was the reason he was in court. It was at the request of Dr. Colbourne who told him “we need you.” The other radiologist on the case declined to testify. Dr. Sargent has testified in relation to Dr. Colbourne's diagnoses in other cases. The MCFD Director's case for a Continuing Care Order rests foundationally upon Dr. Colbourne's Shaken Baby diagnosis of Baby B's injuries dating to the autumn of 2007 and that diagnosis is not a stand alone call. If the diagnosis can be supported by the findings of another highly qualified expert, the case has legs. MCFD's case may be on life support now and running out of breath. When anyone tells the truth in this case it never reflects well on the MCFD. His opinions, Sargent admitted, were subjective opinions. Sargent reviewed the studies performed by other clinicians, just as ten other experts did, but each of the ten has disagreed with Colbourne's conclusion. Today, Tuesday August 10th, we hear from one of those ten, namely Dr. Barnes.

We cannot know whether Dr. Sargent's interpretations of the studies might have been different had they been influenced by information that he admittedly did not have, such as the knowledge of the reported accident between the two children or knowledge of the baby's birth history. He did not know that Zabeth spent three days in labour and fourteen hours and thirty five minutes in the final stage of delivery, (the trauma of which can can cause subdural bleeding in newborns.) He didn't know that Baby B was severely anaemic at birth. He did not know that the baby's head circumference grew by six centimeters in the three weeks following the fall that the parents reported. He did not know that she received two sets of steroid shots for lung development due to the mother's history of premature delivery (and this can predispose children to fractures or intracranial bleeding.) He did not know that the baby was on DomPeridone for reflux and that at the same time Baby B’s mother was on the same medication for milk production (and that this medication is considered unsafe because it can cause subdural bleeding.) In fact he did not seek a full history as is frequently recommended to radiologists, because he felt it might be inappropriate since the case was already before the court. He knew only that Colbourne suspected it was shaking.

But you see, in Judge Crabtree's court, Dr. Colbourne has not yet been recognized as qualified to state that it was shaking. She can and did state what she discovered upon examinations of Baby B. She was not permitted to state how the injuries were incurred or that they were non accidental injuries. That was ruled as being beyond the scope of her qualification. Dr. Sargent's testimony did not effectively help the MCFD cause because he was interested in telling the truth. In fact, Dr. Sargent suggested that the lengthy delay created by the failure of medical professionals in area hospitals to diagnose and to treat the cause prior to admission to BCCH made definitive determinations sketchy.
Today, more of the truth. Dr. Patrick Barnes in the morning and Zabeth Bayne in the afternoon.

Monday, August 9, 2010

LISTEN TO US!

While Baynes endure another court day, the comments in the previous blog #273 demonstrate that countless other people are experiencing similar miscarriages from this same Ministry. Victoria! Are you paying attention? Don't tell us any longer that you cannot comment because our cases are before the courts.

COURT RESUMES TODAY 9:30 AM / Part 274 / For Love and For Justice / Zabeth and Paul Bayne/

This is the day. It's not D-Day yet. The decision does not come down today. But the closing testimonies and arguments from both the MCFD counsel and the Bayne counsel occur this week. The ruling may come at the end of this week or perhaps later as judge Crabtree has time to reflect upon this recent evidence. Most of the week will contain the Bayne opportunity to present their case defense against the accusations of the MCFD. Some of us believe that the decision is already clear. Jensen is an effective lawyer. He simply has not had a good case to represent for the Ministry. He knew that very early in this nasty process. In fact he counselled his client, the Director, that the case to continue care of the boys could not be won. Like most lawyers, he does what his client pays him to do, so we have come all this way, at the expense of the children not in their best interests.
Not this kind of decision.

Closing in on three years that this Bayne family has been ruptured, the case begins yet another week of court days. Hopefully this is the end of it. Hopefully regardless of the legal loopholes and extension ploys that MCFD or Jensen attempt, Judge Crabtree will say “enough.” This meticulous laptop, note-taking judge has promised that he will deliver a written and articulated ruling to this hearing.

This has nothing to do any longer with protecting children. That may have been the early presenting concern. Today is well beyond that. Paul and Zabeth are not a threat to their children, not one, two or three. These many months have exonerated them by the consistency of their behaviour in face of the most adversarial treatment by a service providing agency mandated to administer mercy. Baynes on the other hand, have corresponded and complained and campaigned for good and safe care of their children and ultimately for the return of their children. Of course they have been faulted for that by MCFD. Had they not made this significant effort, that too would have been used by MCFD as evidence of disregard or neglect. That's the way this contest for the lives of children works. This is about winning. There have been countless evidences of this motivation throughout the case data over three years.

Most important this morning is how Paul and Zabeth are doing as they start this day and this week. Remember I told you that they were a couple with faith in God and the value of prayer. They do desire to know that other people of faith are praying for them and the positive outcome. They need some superhuman strength to face what lies ahead. Some of you know what they are feeling. They are afraid and they worry. Yet because of some strong indicators they are filled with optimism. What they dread is hearing once again an onslaught of insinuations and slanders about their character and conduct and family history. It is quite a slurry of emotion that they experience right now. This is the day. This is the Day that the LORD has made.

Sunday, August 8, 2010

COURT OPENS AT 9:30 AM

CHILLIWACK COURT HOUSE - THE BAYNE/MCFD HEARING RESUMES 9:30 AM AUG9

HAVE YOU HEARD THE CHILDREN CRY? / Part 273 / For Love and For Justice / Zabeth and Paul Bayne/

Have you heard the children crying?

Perhaps not, but they cry. It may be a silent and internalized cry.

The little boys remember. Once a long time ago, home was with Mommy and Daddy and their new baby sister. The boys were old enough for the memory of her arrival to impress them. She was small. That memory will now have been lost, squandered among the fearful memories that happened shortly after her appearance. Their removal from the loving environment of mommy's and daddy's home became an indelible imprint upon their minds. How crowded with horrors must their memory cache be? How often have they asked when can they come home? When was it that they stopped urgently asking that question? They may have wondered why they could not live at home? How long was that query a nightly trigger for the silent cries? Their nights were spent in different homes until recently when their sister came back into their lives. Imagine, three siblings together as it should be, but strangely not together with mommy and daddy. Do they feel their parents' helplessness? Is any sense made of it in a troubled child's mind. Their Mommy and Daddy show them so much love, but they never take them home. Might the boys have wondered early, whether they had been so bad that Mommy and Daddy didn't want them at home? Mommy and Daddy assured them over and over with convincing hugs and words that this was not so. Yet still each week now the boys observe their parents excited to see them and to smother them in embraces and then several hours later there are goodbyes. What explanations have their little boy minds contemplated? Have they been able to resolve their bewildering life situation? It's so confusing.

Home
With all my heart I am trusting that this nightmare will end in a celebration of reunion for all five members of the Bayne family, never again to experience the interference of what will forever to the Baynes be regarded as a heartless government agency.

The facts I am hearing, not about the Bayne family but about the generic British Columbia family are frightening. It's most frightening to me that most B.C. citizens while not knowing the facts, seem rather casual when they hear a shock story or a shock statistic so they hardly pay attention. People in families or involved with families that have been adversely affected by MCFD are the ones who pay attention.

The mess we are in, is the consequence of policy and practice, nonconstructive work experience, deficient skill sets, inadequate training, incompetent practitioners, unsuitable motivation.

People who have been listening are worried, frightened and angry. And a few are hopeful that things are so bad that the alarm will go off now so that people can finally be protected from the protectors so that the crying stops.
TOMORROW THE HEARING RESUMES AT CHILLIWACK COURT HOUSE BEFORE JUDGE THOMAS CRABTREE.
Did you read an earlier plaintiff piece written for June 10th entitled Surprised by Joy which refers to the Baynes' oldest son.

Saturday, August 7, 2010

A note to an Anonymous

If on Friday you wrote the following "I pledge to be there, at least for one day. I want to support the Bayne Family, and all families who have been, are, or could be, victims of MCFD, then please email me at ronunruhgallery@gmail.com.

 

TEN EXPERTS WHO DISAGREE / Part 272 / For Love and For Justice / Zabeth and Paul Bayne/

This post is a repeat. I was so pleased with the information packed into this format I believe it worth offering again. Each Doctor's full report is available by toggling the name. If you care to read medicalese that dissents from the diagnosis that has put the Baynes where they are today, this is it.
Doctors' Reports on Baby B's Medical Case

I have provided a factual presentation of the medical reports by the physicians and medical experts related to the Baby B case in the early months of her medical crisis. Shaken Baby Diagnosis is a much disputed diagnosis within the medical community.

The MCFD case is relying almost exclusively upon an SBS diagnosis by a B.C. Children's Hospital Child Protection doctor. Other medical opinions were sought by the Bayne family following Dr. Colbourne's diagnosis of Shaken Baby Syndrome. Each medical doctor cited below and each scientist below reviewed the case of Baby B. Bayne.  Each analyst cited arrived at an identical conclusion which is that Baby B was not willfully harmed by a person.  It was not inflicted injury. These are the reports that the Baynes have listed on their website and made available to MCFD, to the media and to me. These opinion reports have been ignored or dismissed by MCFD. (Toggle each expert's name and find a full report)


John Plunkett, MD resides in Welch, Minnesota and is an expert in child forensic pathology. Dr. Plunkett has experience with many multiple SBS cases.

John Galaznik, MD is an an Alabama, USA pediatrician.  Dr. Galaznik is a fellow of the American Academy of Pediatrics.

Horrace Gardner, MD practices in Colorado.  Dr. Gardner is an opthalmology expert in shaken baby syndrome and has a specific interest in the ophthalmologic aspects of the SBS.

Michael Innis, MBBS, DTM&H, FRCPA, FRCPath is a doctor of medicine in Australia who specializes in forensic pathology. 

Peter Stephens, MD is a published pathologist born in England, graduated from medical school in Canada and resides in the U.S., and acted as senior medical advisor for the (U.S.) FAA.

Harry Bonnell, MD is a forensic pathologist in San Diego, California.  Dr. Bonnell is a medical school graduate of Georgetown University with certification in anatomic and forensic pathology.

Kenneth Monson, PhD, is assistant professor of mechanical engineering at the University of Utah.

John Butt, MD is an anatomical and forensic pathologist, having graduated medical school in Alberta, Canada.  Dr. Butt holds a diploma in medical jurisprudence (pathology), London.
 Dr. Chris Van Ee

Chris Van Ee, PhD is an award winning published presenter and Duke grad with a Ph.D. in Biomedical Engineering.  Dr. Ven Ed has been a reviewer for many scientific organizations.

Patrick Barnes, MD is chief of pediatric neuroradiology, director of pediatric MRI and CT, professor of radiology; Lucile Packard Children's Hospital, Stanford Medical Center.

Friday, August 6, 2010

CHRIS MARTELL Notice

Chris Martell completes a walk from Saskatoon to North Battleford today. Donation information at my linked site that tells his story. Funds to press for answers to his son's death.

AN ORGANIZATIONAL REVIEW FOR MCFD / Part 271 / For Love and For Justice / Zabeth and Paul Bayne/

What may be required in Victoria perhaps with several ministries but most certainly with Ministry of Children and Family Development is an organizational review not conducted internally but impartially by consultants equipped to work with MCFD to achieve long-term sustainable success.

MCFD is under pressure to deliver operational effectiveness because of recurring incidents and prior public inquiries that attract media coverage. Deteriorating public confidence and changing public expectations are imperatives that demand some new approaches to child welfare work. In all probability such a review will inform structure, culture, processes, dynamics, human capital and behaviour and assess their alignment and coherence. Although it was thought that regionalization of services would improve performance, that has not been achieved as I observe. It was intended to provide a collaborative community approach to child welfare.  Presently, I don't perceive MCFD in the region as a community, or a grassroots oriented service organization. That does not mean regionalization cannot be effective. A collaborative approach to child welfare is not happening presently except as the regional MCFD, foster parents, legal representatives and contracted superintending agencies collaborate together.

Institutional change takes time and requires purpose and resolve as well as the commitment of necessary human and organizational resources. In this family specific Ministry, parents and children and youth must be consulted and their responses valued and incorporated in order to customize a process that drives good change forward. What I believe is absent at the moment is a consensus for change. Affected families, parents and children whose lives have been uprooted sometimes unnecessarily, as well as a growing segment of the population is sensing and expressing a need for change. What will be required is the buy-in by change-makers, key influencers, leaders with leverage, policy and decision makers. All these need to capture a vision for a more satisfactory future for MCFD and B.C.'s family welfare. They are the ones who can translate vision into reality.

One of the critical improvements that I believe must happen when these minds come together is fitting the right people with the vision and commitment into positions and retaining these people. MCFD needs the right people with the right skills in place and when I hear of lives bungled by the ineptitude of MCFD management and case workers I conclude we have not got that. A superior skill and performance management system is imperative to find the right people and to align them with the strategic altruistic objectives of the Ministry. Does that mean some people will have to be released? Yes. Performance reviews that are regular and thorough and skill building must be incorporated into this Ministry. Why do talented people leave the Ministry? For many reasons I am sure but often because some supervisory and management people cannot be improved or changed. Perhaps they should not have had the job in the first place. It happens.

I am convinced that an organizational review done in a timely manner and a sustained relationship with a human capital consulting firm could result in a high performance MCFD team in each region, where individual contributions are maximized and effectiveness and commitment increased to a high level of compassionate, relational, cooperative, solution-based, child protecting, family preserving, cost effective and case load reduced work.

Thursday, August 5, 2010