Doctor denies taking swabs from deceased baby

Tess de la Mare
BBC News, Bristol
PA Media A new born baby wearing a white knitted hat and cardigan is held up to the camera.PA Media
Ben Condon died on 17 April 2015 at Bristol Children's Hospital

A hospital consultant has denied ordering the potentially unlawful collection of tissue samples from a deceased baby.

Eight-week-old Ben Condon died on 17 April 2015 at Bristol Children's Hospital - six days after being admitted with breathing difficulties.

An inquest at Avon Coroner's Court heard swabs were taken from Ben's body after his death without his parents' knowledge. The collection of samples without the correct consent is potentially unlawful.

Dr Peter Davis told the inquest on Wednesday he did not himself take any tissue samples, nor asked anyone else to do so.

An inquest in 2016 recorded Ben's cause of death as two acute respiratory illnesses and prematurity, but this decision was quashed by the High Court after new evidence relating to a bacterial infection emerged.

Dr Davis, one of the two doctors treating Ben on the day of his death, told the second inquest he had taken over care of Ben after he suffered his first cardiac arrest in the afternoon, and at no point believed he may have had a bacterial infection.

He said nursing staff may have taken samples and later asked a doctor to write up a request to microbiology.

AFP A baby in a white and blue baby grow is held up to the camera. He has a nasal tube. AFP
Swabs were taken from Ben's body after his death

"I don't recall any discussion about secondary bacterial infection," he told the court.

He said Ben's presentation was "absolutely consistent" with a child who had acute respiratory distress syndrome (ARDS), then an air leak into the pericardium - the fluid-filled sac around the heart - and a cardiac arrest.

"It was clear there was a distinct likelihood that he wouldn't survive this episode. I would do everything I possibly could to keep him alive," Dr Davis said.

He wrote a death certificate giving Ben's death as ARDS, metapneumovirus (hMPV) and prematurity after a discussion with Dr Matthew Christopherson, who had also treated him.

"We were aware that the unit was very busy, this was a Friday night and this was probably one of the few opportunities where two of us who had been involved during that period would have an opportunity to talk and go through what had happened," he said.

"We felt that we had a cause of death that we agreed upon and therefore felt that it was appropriate to write a death certificate at that time."

On Tuesday, the coroner was told a document revealed concerns about a possible infection on 15 April - two days before Ben's death.

It was only disclosed to family lawyers shortly before the beginning of the second inquest.

The document showed that a blood test marked "urgent" had been ordered for Ben on that date, with "query sepsis" listed as the reason for the test.

Following Ben's death it was discovered he had a pseudomonas bacterial infection, which had been a contributory factor.

His parents, Allyn and Jenny Condon, who live in Weston-super-Mare, have campaigned for a second inquest and said they would not have had their son cremated if they knew there had been questions about his illness.

The trust has previously admitted a failure to give Ben timely antibiotics for the infection had contributed to his death.

The inquest continues.

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