Attorneys question investigations into NICU deaths

More parents have come forward claiming medical negligence after their premature babies died at the neonatal intensive care unit of the Port of Spain General Hospital (PoSGH), attorneys representing the families of these infants have alleged.

On Tuesday, another pre-action protocol letter was sent to the CEO of the North West Regional Health Authority which manages the PoSGH on behalf of another baby – Roxanne Ariah Fayloa Joy Richards – who died on December 24, 2023

“The death of this baby brings the number of babies who died at the PoSGH to 16,” the pre-action letter from attorney Sue-Ann Deosaran of Freedom Law chambers said.

The letter also said a baby who died on Monday had not been included as instructions were still being taken from the parents.

A table of the 16 babies, their parents and date of death was provided. On Monday, the head of the NICU of the PoSGH, Dr Marlon Timothy confirmed the baby girl’s death in a television news report but emphasised that it was not linked to the seven deaths caused by a bacterial outbreak at the unit between April 4 and 9.

Tuesday’s letter expressed concern over the two ongoing investigations by the NWRHA and the Pan-American Health Organisation (PAHO). It also alleged attempts to railroad the two investigations.

“Why on earth would the NWRHA be investigating its own misconduct and medical negligence?.. “the letter questioned. It also raised as an additional concern the possible tampering or removal of evidence while it noted an alleged attempt to remove old equipment in the blood group area.

“All of a sudden, staff was instructed to put ‘Do not use out of order’ signs on a whole range of old equipment that was suddenly removed from on top of the counter in the lab and placed beneath it.”

It further alleged blood was being stored in an old refrigerator which, the letter said, had the potential to compromise the quality of blood leading to infection. Photos of the alleged "old" equipment were attached to the pre-action letter which further alleged attempts to possibly withhold "evidence" from the PAHO tream.

The letter also took issue with a statement by Minister of Health Terrence Deyalsingh that there was no room on the NWRHA’s committee for an expert representing the parents.

Seven babies died at the NICU between April 4 and 9 from a bacterial infection. Blake on Monday said the babies who died earlier were not connected to the April cluster.

Much of the latest pre-action letter spoke of the protocols and procedures for blood transfusions as it called for a “thorough investigation into the management practices and decisions made within the (haematology) laboratory.”

The letter also warned that the parents were “neither prepared to shut up nor have the deaths of their babies simply be swept under the carpet of political oblivion.”

It also said many nurses and doctors were “appalled and shocked” by what had happened. The letter asked for a written public commitment to pay for any staff member who wanted to give evidence to the independent PAHO team and a written indemnity protecting them from any potential retaliation or victimisation.

Baby Roxanne’s death

According to the latest pre-action letter, Fayola Andrews, of Morvant, was admitted to the maternity ward on November 22, 2023.

She gave birth the next day via caesarean section. She was 31 weeks and five days pregnant. Baby Roxanne was placed in the NICU and appeared active although she was being given oxygen.

On December 9, the baby’s parents were told to purchase medication which they did. On December 16, the parents were told they would not be allowed in the NICU but given no reason.

The next day, when they visited their baby, she did not appear as active as she was before. They were told the baby had jaundice and was like that because of the blood transfusion she received.

“The baby’s parents were shocked, confused, and horrified to have heard that their baby had a blood transfusion and they were not told about it, nor were they required at any point in time to give permission for the transfusion,” the letter alleged.

By December 24, the parents were told the baby was not doing well. By the time they got to the hospital at 6.35 pm, they were told their baby died at 6.01 pm.

“Our client and the baby’s dad were devastated. Her first baby had died and she had an uncomfortable feeling that the staff was not telling them the truth about the real reason why the baby died.

“...The death of their baby was painful and sad.”

The letter alleges the negligence of the NWRHA included the failure to provide a clean, safe and sanitised environment while failing to take the necessary steps to ensure the NICU was bacteria-free; failing to adhere to and maintain industry standards for a NICU; failing to recognise that the babies in the unit were at risk and failing to prevent baby Roxanne’s death.

16 baby deaths at PoSGH NICU

NAME OF BABY ..................................NAME OF PARENTS.....................................DATE OF DEATH

Kae’ Jhene Kerniah Charles..................Shaniya Raymond-Adams/ Kerron Charles........April 6

Crystell Precious Miracle .....................Shirese Moore-Beckles/ Rondell Beckles.........April 6

Aarya Raya Chatergoon........................Danyelle Samaroo/Avinash Chatergoon............April 5

Ella Luccia Molino.................................Jodie Molino/Travis Molino.............................March 18

Esme Molino..........................................Jodie Molino/Travis Molino..............................April 4

Amelia Williams....................................Tinelle Saunders/Gus Williams..........................April 2

Romani Williams...................................Shaquille Harry/Kadeem Williams.....................April 6

Skiye Samuel........................................Natasha Samuel/Brent Wilson.............................April 9

Jayden Allister Pierre..........................Nandaranie Nathoo/Allister Pierre.....................March 16

Amari Bhagan.......................................Farah Rattansingh/Christopher Bhagan...............February 26

Kyrie George Bhagan..........................Farah Rattansingh/Christopher Bhagan...............February 22

Roxanne Ariah Fayola Joy Richards...Fayloa Andrews/Roy Richards..........................December 24, 2023

Azariah Rodney....................................Elisha Felix/Rodney Felix.................................February 19, 2024

Rafa Anand Affoon..............................Vandana Mangroo/Nikolas Afoon......................November 4, 2023

Ekon Marcelle......................................Makeda Roberts/Dave Marcelle........................June 4, 2022

Azuyla Applewhite...............................Khajida Dharson/Ako Applewhite....................January 14, 2024