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Hearing summary

24th MARCH 1999

 

Mr Douglas Bwye opened the concluding day of Block 1 evidence by telling the Inquiry about his son Jason, who was born in July 1992 at North Devon District Hospital. Following his birth, he was transferred to the Bristol Children’s Hospital with suspected heart problems, subsequently diagnosed as transposition of the greater arteries. Jason underwent a balloon septostomy and his parents were told that he would need a further operation when he was between 9-12 months old and anticipated taking Jason home soon. However seven days after Jason’s birth his family were told that Mr Dhasmana would be operating on Jason the following day at the Bristol Royal Infirmary. Jason died during surgery, when operating theatre staff were unable to take him off the bypass machine. Mr Bwye told the Inquiry that he had learned less than a month ago that Jason’s heart had been retained at the BRI following post mortem.

Mrs Belinda House from Bristol told the Inquiry about her son Ryan who was born with a heart problem at Southmead Hospital in April 1989. Ryan was diagnosed as having simple transposition and underwent a balloon septostomy at the Bristol Children’s Hospital to prepare him for a second operation 11 months later. Ryan had several outpatients appointments at the Bristol Children’s Hospital with both the paediatric cardiologist and surgeon Mr Wisheart. In February 1990, Mr Wisheart performed a successful ‘Sennings’ procedure on Ryan. Mrs House had no complaint to make about the treatment of her son Ryan but she told the Inquiry of her concern regarding the lack of specialist paediatric facilities and training for staff at the BRI.

 

FULL TRANSCRIPT

   1     Day 6, 24th March, 1999
   2   (9.30 am)
   3   MR LANGSTAFF: Sir, this morning's witnesses are Mr Douglas
   4     Bwye followed by Mrs House.
   5        Mr Bwye, would you like to come forward, please?
   6        Mr Bwye, as you know, we begin the proceedings by
   7     asking you to take the oath, so if you would not mind
   8     standing, please?
   9          MR DOUGLAS STUART BWYE (Sworn):
  10            Examined by MR LANGSTAFF:
  11   Q. Mr Bwye, it strikes me that the screen in front of you
  12     is a little higher than it normally is. Can we adjust
  13     that so it is a shade lower but still visible.
  14        Mr Bwye, you are Douglas Stuart Bwye?
  15   A. That is correct.
  16   Q. And you are going to tell us about the death of your son
  17     Jason, who was born on 20th July 1992 and sadly died
  18     eight days later?
  19   A. That is right.
  20   Q. You are going to tell us how it was that he was
  21     diagnosed as suffering from a transposition of the great
  22     arteries, how he went through two operations, the first
  23     a septostomy, and second a switch operation, and died at
  24     the end of the second?
  25   A. That is right.
0001
   1   Q. Jason was your second child by your second wife?
   2   A. Yes.
   3   Q. He was born on 20th July 1992 in North Devon District
   4     Hospital?
   5   A. That is right.
   6   Q. You were present at the birth?
   7   A. Yes.
   8   Q. And it seemed to you to be a normal birth?
   9   A. Yes.
  10   Q. You have a means of judging that because you had been
  11     present at your wife's previous birth?
  12   A. That is right.
  13   Q. After the birth, Jason was washed and weighed and you
  14     held him?
  15   A. That is correct.
  16   Q. What did you notice about him and his condition?
  17   A. After a few minutes it seemed to me that he was not
  18     breathing deeply enough; it was very, very faint, so
  19     I thought there was something not right.
  20   Q. So what did you do?
  21   A. Told one of the nurses that was in the room. She looked
  22     at him and told one of the doctors. She took Jason
  23     away, I think, to let the doctor see and basically, the
  24     doctor came back and said that there was a problem with
  25     the breathing.
0002
   1   Q. So they put him in an incubator?
   2   A. Yes.
   3   Q. And you went back to stay with your wife?
   4   A. That is right.
   5   Q. When did anyone next speak to you about Jason?
   6   A. It is a difficult question to answer, that, because it
   7     was not necessarily one person coming back and telling
   8     me what the situation was. It was sort of on-going all
   9     the time. I was asking questions all the time. At the
  10     end of the day, I just realised that he was not right
  11     and that he was in an incubator, and I was just sort of
  12     thinking, "Well, they know what they are doing, so ...
  13   Q. Would you like to have a look on your screen -- we will
  14     have the document flashed up on my screen first, please,
  15     403/35. This is a note, I think, from the Special Care
  16     Baby Unit. It reads:
  17        "Parents visited and seen by Dr Bradford who
  18     explained that baby possibly had pneumonia and that
  19     oxygen and antibiotics were necessary at present.
  20        Do you remember seeing a Dr Bradford?
  21   A. No.
  22   Q. Do you remember an explanation being given to you as to
  23     what might be wrong with Jason?
  24   A. I cannot remember the explanation that was given to me
  25     of what they thought was wrong at that time, but shortly
0003
   1     after, I was told that it was not what they thought it
   2     was and that the oxygen was not in fact helping. They
   3     kept upping the level of oxygen up to 100 per cent,
   4     I think, and it still was not really having any effect.
   5   Q. We will have a look at the clinical note. It is 403/7.
   6        What you have there in front of you, Mr Bwye,
   7     I think you may have seen some of these records before,
   8     although you have not had a very recent opportunity to
   9     go through them.
  10        If you look at the first entry, it is 20th July,
  11     which is the date of birth. We read at the top:
  12        "Emergency admission to the SCBU under the charge
  13     or care of..." and I think it is probably Dr Bradford,
  14     but it does not matter for present purposes.
  15        It deals with the birth, an induced birth,
  16     initially well, and then secondary apnoea, which is
  17     essentially breathing difficulties. It deals with the
  18     mother.
  19        If we go down, please, to where just above the
  20     middle of the screen, it says: "Baby". There is
  21     a little arrow, do you see that?
  22   A. Yes.
  23   Q. It says "Grunting response and peripherally cyanosed."
  24        Did it seem to be Jason was not as pink as you
  25     expected?
0004
   1   A. Before Jason was born, I did not really know what "blue
   2     baby" meant, but as soon as he started having problems,
   3     I can recall that somebody had told me about his
   4     colouring and that it was not right, but I would not
   5     have known by looking at it.
   6        All I was concerned about was the fact he was not
   7     breathing very well.
   8   Q. Then: "Examination, pale". The same point, something
   9     they would spot and you would not know enough to notice?
  10   A. Yes.
  11   Q. "Peripherally cyanosed" and various temperatures and so
  12     on. If we can down further, you see where it says "CVS"
  13     and there is an underlining, that is the cardiovascular
  14     system, the heart, and on the right-hand side, a note of
  15     the heart sounds, "HS". There is a double question
  16     mark, as to whether the apex of the heart was displaced,
  17     medially displaced towards the middle of the body.
  18        At the very bottom of the page, "Impression, IMP,
  19     admit to Special Care Baby Unit with oxygen, chest x-ray
  20     and assess by", and "NAB" is the consultant in charge.
  21        Can you go over to the next page.
  22        "20/7/92, 20.45, now improvement."
  23        Do you remember what time of day it was that Jason
  24     was born?
  25   A. Early evening, I think.
0005
   1   Q. So this is a bit later on in the evening?
   2   A. Yes.
   3   Q. And the chest x-ray comes back, 10 o'clock, 2200 is
   4     underneath, 20/7/92, and on the right-hand side,
   5     "pneumonia". That is what they thought, I think, that
   6     was wrong.
   7        Were you told anything about possible pneumonia?
   8   A. I cannot remember anything being said about pneumonia to
   9     me.
  10   Q. Did they tell you that you might have to go somewhere
  11     else to have further checks?
  12   A. Not at that stage, no.
  13   Q. In any event, you went back to speak to your wife and to
  14     keep her company, because it must have been
  15     a distressing time for you both?
  16   A. Yes.
  17   Q. You went back to your daughter and you came back on the
  18     21st, early in the morning. You say in your
  19     statement -- can we have a look at this, please --
  20     witness 2/2, paragraph 7, that you arrived back in the
  21     hospital the morning of the 21st between 7.30 and 8, and
  22     you were immediately informed that "the initial
  23     diagnosis of lung problem had now been discounted and
  24     they thought there was something wrong with Jason's
  25     heart".
0006
   1        You cannot now recall anything about the lung
   2     problem or the initial thoughts about the lung problem,
   3     but you were told at some stage, were you, that there
   4     might be something wrong with Jason's heart?
   5   A. What happened that morning was virtually as soon as
   6     I got to the hospital, as far as I can remember, it had
   7     already been decided that they were going to have to
   8     move him up to Bristol and it was just a question of,
   9     "You have to go up as well, if you can; they are going
  10     up; you go up. You cannot do any more here". It was
  11     a very quick visit.
  12   Q. No choice as to where you were going to go?
  13   A. No.
  14   Q. Just, "You are off to Bristol"?
  15   A. That is right.
  16   Q. To fill in the gaps as to what was happening, if we can
  17     go back, please, to the last record, 403/8, go down to
  18     21st July, 02.15, a quarter past 2 in the morning, at
  19     a time you were not actually there, but you can see in
  20     the middle of that entry:
  21        "Question mark, is this a cyanotic heart lesion."
  22        That is obviously the doctor suspecting that there
  23     might be a heart problem?
  24   A. Yes.
  25   Q. About which you obviously learned when you came in in
0007
   1     the morning.
   2        What time was it that you got sent off to
   3     Bristol?
   4   A. As soon as I came away from the hospital, I went
   5     straight down to my father's to borrow his car, so
   6     I could follow the ambulance up. It may have been half
   7     past 9, 10 o'clock, something like that, by the time
   8     I got the car.
   9   Q. Jason went by ambulance, did he?
  10   A. Yes.
  11   Q. What about Janine?
  12   A. She went with him.
  13   Q. Who else went in the ambulance, do you know?
  14   A. I do not know at all.
  15   Q. When you got to Bristol, the Royal Infirmary or the
  16     Children's Hospital?
  17   A. The Children's Hospital.
  18   Q. Were you told where you might find Janine and Jason?
  19   A. I was shown to a ward that had a lot of other babies,
  20     I think, quite a few other babies in beds. Jason was in
  21     one of those beds and my wife was there.
  22   Q. Did anyone tell you what might be the problem?
  23   A. Yes.
  24   Q. Who told you?
  25   A. I honestly cannot remember the name of the person that
0008
   1     told me, because there were so many different people
   2     talking to us and -- because we were actually in the
   3     ward at that time, and there was a lot going on, so
   4     I cannot remember, but somebody did come to us and
   5     explain what the problem was and what they thought the
   6     next course of action would have to be.
   7   Q. What sort of person: old, young, male, female?
   8   A. Male. Under 40.
   9   Q. Apparently a doctor, or somebody less significant?
  10   A. I imagined it was a doctor, basically, because they
  11     looked like a doctor, I suppose.
  12   Q. That is really what I was asking. What essentially did
  13     that doctor say?
  14   A. He told us what the problem was with the heart, about
  15     the oxygen flow not being able to get from one side to
  16     the other and that the immediate release from that would
  17     be to create a hole in the heart to allow the oxygen to
  18     pass through, and that that would be fairly easily done,
  19     there should be no problem and be done fairly quickly,
  20     if we consented to that.
  21   Q. Why did you understand it was necessary to create a hole
  22     in the heart to mix the blood? What was wrong with the
  23     heart generally that gave rise to that problem?
  24   A. That the artery that was supposed to be taking the
  25     oxygen into the heart was taking it into the wrong
0009
   1     chamber, so that although there was oxygen going into
   2     the baby, it was not circulating around the body; it was
   3     just not going anywhere. So in order for it to go into
   4     the right chamber, the hole would allow it to pass
   5     through, or allow the blood to pass through that had
   6     been oxygenated. It seemed quite straightforward.
   7   Q. So the way he explained it seemed quite straightforward?
   8   A. Yes.
   9   Q. Do you think you understood what he was saying to you?
  10   A. Yes.
  11   Q. Despite your obvious concern for Jason, you recognised
  12     what was necessary?
  13   A. That is right.
  14   Q. On that basis, did you give consent?
  15   A. Yes.
  16   Q. At some stage was Jason taken off for a test which you
  17     know about, an echocardiogram?
  18   A. I cannot remember that specifically happening.
  19   Q. So may we have a look, please, at 403/64 on the screen?
  20     It is the top entry on the page. It is:
  21        "Echo, 21.7.92 [the date of Jason's arrival at the
  22     hospital]" and the second line, "Complete TGA" -- that
  23     stands for transposition of the great arteries. Some of
  24     these terms you have come to know of because you went to
  25     the GMC and gave evidence there, I think?
0010
   1   A. Yes.
   2   Q. You followed the GMC proceedings and read the
   3     transcripts of what was said then?
   4   A. Yes.
   5   Q. It then goes on:
   6        "Normal pulmonary valve [I think it is], small PDA
   7     [patent ductus arteriosus], normal aorta and no VSD [no
   8     hole in the ventricular septum]."
   9        Underneath that:
  10        "For balloon septostomy", and it goes on to deal
  11     with that operation, if we scroll it up, please. It
  12     says what the cardiologist managed to do, which is
  13     putting a catheter through the atrium and creating with
  14     three pulls, a hole between the two chambers, right and
  15     left atria of the heart.
  16        "Good sized resulting septostomy", and at the
  17     bottom are the sats: oxygen saturations gone up from
  18     30-50 to the 70s.
  19        All that is technical. What did you understand
  20     had been achieved by the operation?
  21   A. That they had managed to put the hole through from the
  22     chambers and it had been successful, and the oxygen was
  23     now flowing well, and Jason was okay at that point, out
  24     of immediate danger.
  25   Q. Did Jason then, after that, stay on the ward?
0011
   1   A. For a little while, because we saw him there on that
   2     ward.
   3   Q. Did the doctor say anything about what happened next,
   4     after the hole had been created between the two atria of
   5     the heart?
   6   A. Do you mean immediately next, or ...
   7   Q. Within the future?
   8   A. A doctor came and saw us when he told us that that
   9     operation had been successful. He then went on to tell
  10     us about what the next operation would involve and why.
  11   Q. Again, male or female doctor?
  12   A. Male.
  13   Q. The same doctor who had spoken to you earlier or not?
  14   A. I do not think it was the same doctor, no.
  15   Q. And approximate age?
  16   A. 35.
  17   Q. What did he say to you about Jason's condition, now that
  18     they had done the septostomy?
  19   A. He said his condition was good because it had been
  20     successful. When he explained to us what was going to
  21     have to happen, he drew a diagram for us. He said that
  22     the operation would not have to be done immediately;
  23     Jason had up to between 9 and 12 months, because that
  24     would be the amount of time it would take for the hole
  25     to close up naturally, so after that time they would
0012
   1     have to do something.
   2   Q. There is a drawing which is in the medical records.
   3     I am going to ask you to look at it. It is 403/101.
   4        I should tell you that the page immediately before
   5     that in the medical records -- let us have a look at
   6     that, please, 403/100, we are moving forward a week to
   7     the consent which you gave to the operation on
   8     28th July. What I do not know -- go back to page 101 --
   9     is whether the diagram we see here is one which you saw
  10     and if so, whether it was done at this earlier occasion,
  11     just after the septostomy, or whether it was done later
  12     on when you spoke to Mr Dhasmana in respect of getting
  13     consent for the bigger operation later on.
  14        Can you help?
  15   A. That drawing on there I do not think was done
  16     immediately after the septostomy, because in the room at
  17     the time I can remember the doctor grabbing a piece of
  18     paper to do it on, and as far as I could see, it was
  19     scrap paper. I do not remember seeing any of the
  20     writing on it, no.
  21   Q. So that was probably something which was done later on?
  22   A. Yes.
  23   Q. We will come back to it in that case.
  24        So he drew the diagram for you?
  25   A. Yes.
0013
   1   Q. What did he tell you that you had to expect over the
   2     days, weeks, months to come?
   3   A. When he drew the diagram, it was a very basic diagram,
   4     and he made it very clear; it was easy to understand,
   5     the direction of the oxygen flowing and basically how
   6     the arteries had to be swapped over to put that right.
   7     He did not really say anything else about the future at
   8     all, other than the operation that would have to be
   9     done. I cannot really remember anything else being said
  10     about it.
  11   Q. So you then sat by Jason's bedside and watched the
  12     various monitors and so on?
  13   A. That is right.
  14   Q. And you were told, were you, by the nurses what they
  15     were looking for in those monitors?
  16   A. The nurse came and pointed out what figures should be
  17     shown so that they would know that the baby was keeping
  18     okay, and I remember thinking at the time that although
  19     she had said it matter-of-factly, it seemed quite
  20     crucial, so we sat for ages watching the monitor to make
  21     sure the dial or whatever was not moving out of the
  22     lines that she said.
  23   Q. And it did not?
  24   A. It did, a couple of times, yes.
  25   Q. What happened then?
0014
   1   A. We were sort of "Why is it doing that?", "That is okay,
   2     it will go back, it is okay", so in the end we realised
   3     it was not so crucial as she had said.
   4   Q. So the way it worked was that you were always watching
   5     the monitor. Was the nurse always there on hand, or
   6     not?
   7   A. No.
   8   Q. Whenever the monitor went beyond the range you had been
   9     told about, it was you who raised, if I can call it the
  10     alarm, because that is the way you felt about it?
  11   A. Yes.
  12   Q. And the nurse came and took a look, did she?
  13   A. Yes. Well, there were nurses around all the time,
  14     really, because there were other things going on, so
  15     I did not actually have to go and get anyone, it was
  16     just a question of asking who was nearest, sort of
  17     thing.
  18   Q. And they were obviously familiar with it, were they?
  19   A. Yes.
  20   Q. And able to reassure you?
  21   A. Yes.
  22   Q. What they said was borne out by events, it went outside
  23     and came back within the range within a short time?
  24   A. Yes.
  25   Q. How poorly did you understand Jason to be at that stage?
0015
   1   A. At that stage we thought "He is normal again, because he
   2     looks normal and they are telling us he is okay now", so
   3     we did not think that he was in any immediate danger any
   4     more.
   5   Q. Indeed, did you go home that evening?
   6   A. Yes.
   7   Q. If we can just pick it up in the medical records,
   8     please, 403/64, it is the bottom of the page, 22nd July,
   9     so if he had his septostomy on 21st July it is now the
  10     next day. "Stable", and it sets out the blood
  11     saturation, "70 to 80, NBM, nil by mouth, intravenous
  12     only."
  13        So he was on a drip, was he?
  14   A. Yes.
  15   Q. If we go over to page 403/65, you followed the GMC
  16     proceedings carefully, did you, in relation to your son?
  17   A. Yes.
  18   Q. Was there a suggestion at one time that your son might
  19     have had a lung problem and there might have been
  20     pneumonia? Do you remember that?
  21   A. No. I find it difficult to remember the GMC proceedings
  22     exactly, although I did try and follow it.
  23   Q. In any event, the first entry on 22nd July, following on
  24     the same note, the top of the page, is:
  25        "Chest clear."
0016
   1        The next entry, 23rd July:
   2        "Well, apyrexial", which means having no fever or
   3     temperature, "feeding well ... contact Mr Dhasmana."
   4        That is obviously the surgeon's own note?
   5   A. Yes.
   6   Q. You had gone home and you came back to Jason's bedside,
   7     did you?
   8   A. Yes.
   9   Q. Both you and Janine?
  10   A. Yes.
  11   Q. So you had made arrangements for Jessica, had you?
  12   A. That is right, yes.
  13   Q. At this stage, in the middle of the week after his
  14     birth, what did you think was going to happen?
  15   A. Up to then, we thought that he was going to stay for
  16     a short period in the hospital until he was well enough
  17     to come home, and then he would come home and we were
  18     trying to focus on when that day would be.
  19   Q. At the bottom of page 65, 23rd July, there is another
  20     echo investigation. Do you remember Jason being taken
  21     for an investigation, a check, to see what his heart was
  22     like?
  23   A. No.
  24   Q. We can see what actually was recorded there,
  25     "Transposition of the great arteries [TGA], no VSD,
0017
   1     a good septostomy", that was the success of the previous
   2     operation. "Pulmonary valve a little tuckered but
   3     3 leaflets with no Doppler evidence of stenosis", that
   4     is a narrowing of the artery. No --" the next word
   5     escapes me, but "Subpulmonary stenosis. The aorta goes
   6     to the right of the pulmonary artery". If we go over,
   7     please, 403/66, "One coronary visible. Cannot see the
   8     second. Normal aortic arch. PDA shut. No TR or mitral
   9     valve problem."
  10        Those investigations were carried out. Did anyone
  11     ever speak to you about what they found on the checks
  12     that they had done on Jason?
  13   A. No. All we knew was that during these days that were
  14     passing, he was fine; he was, as it says on the note,
  15     feeding well and passing stools as he should. When we
  16     went, we would look at the chart and we just thought
  17     everything was okay. But nobody really went into any
  18     detail about any other checks that they had done on him.
  19   Q. 25th and 26th July, the notes, if we can just have
  20     a look at those:
  21        "Well in himself [the note the doctor has made
  22     there] ... to discuss with cardiac surgeons".
  23        "26th July, ward round of Dr Joffe, stable,
  24     apyrexial, feeding well, pink in air, cyanotic spells on
  25     strain."
0018
   1        Let me ask you about that. His colour was
   2     reasonably good?
   3   A. Yes.
   4   Q. By this stage, had you got to know the difference
   5     between the way a baby should look and when a baby was,
   6     in quotes, "blue"?
   7   A. No.
   8   Q. You had not?
   9   A. No, because he looked normal. When he looked normal,
  10     I never really gave another thought to what he had
  11     looked like before.
  12   Q. So as far as you were concerned, he was normal?
  13   A. That is right.
  14   Q. You then expected Jason to come home at some stage, did
  15     you?
  16   A. Yes.
  17   Q. What was said to you about that?
  18   A. Nothing was said at that time about it. I had formed
  19     that conclusion from when the septostomy was done and
  20     the fact he said he had 9 months to 12 months before it
  21     had to be done.
  22   Q. Who said that to you?
  23   A. It was a doctor, but I do not know who. I am just
  24     assuming it was a doctor.
  25   Q. It is something that obviously sticks in your mind,
0019
   1     something you had been told, but you can't recall who
   2     said it to you?
   3   A. No, because at the time I thought that must be a plus,
   4     because he will be that much stronger in 9 months, so
   5     I thought that was a good thing.
   6   Q. Are you sure that that was said, or something to that
   7     effect was said?
   8   A. Positive.
   9   Q. Even though you cannot remember quite who said it or
  10     quite when it was said, or quite the terms in which it
  11     was said?
  12   A. The reason I remember that was because one of the nurses
  13     on the day of the septostomy said to my wife that when
  14     he came home, we would have to be careful with infection
  15     and if we had any pets, we would have to be very
  16     careful, so my wife was that convinced he was coming
  17     home imminently that when she got home, she took the
  18     dog, or asked me to take the dog to have the dog put
  19     down, so the dog would not be there when the baby came
  20     back.
  21   Q. How long had you had the dog?
  22   A. Three and a half years.
  23   Q. Did you take him to be put down?
  24   A. No, I took him to a rescue centre in Exeter, where they
  25     found another home for him, but that is how I know that
0020
   1     that was said, because there was no way that that dog
   2     would have gone if we had thought that the baby was not
   3     coming home at all, straightaway.
   4   Q. Your taking the dog to the rescue centre was during that
   5     week, was it?
   6   A. Yes.
   7   Q. What did you know about any change in plans? What did
   8     you first know about it?
   9   A. The first I knew was that I had a phone call from the
  10     hospital which basically said, "If you can come up and
  11     sign a consent form", or "If you can get up here
  12     quickly, we can organise the operation in the next
  13     couple of days", or -- she gave me the day, I cannot
  14     remember, but it would have been the next day, I think,
  15     to the phone call, because we had to get ready and go
  16     straight up.
  17   Q. I had not, I think, completed going through the clinical
  18     notes with you. Can we have a look, please, at
  19     page 403/67?
  20        This is 27th July and the same picture:
  21        "Stable on air, apyrexial, feeding well. For
  22     switch operation tomorrow."
  23        Then the various tests which have been put down,
  24     the very last of which is "Consent" which is ticked.
  25     I will come to that in a moment.
0021
   1        So this was something that was discussed with you
   2     once the decision had been made, was it, as you
   3     understood it?
   4   A. I am sorry?
   5   Q. Once the decision had been made by the surgeons or
   6     cardiologists, the doctors, that they should go ahead
   7     and do the operation, you were asked whether you would
   8     give your consent to it?
   9   A. Yes.
  10   Q. You were asked to come up to Bristol. You went up.
  11     When you went up to Bristol, was it just you or you and
  12     your wife?
  13   A. Myself and my wife went up.
  14   Q. Who did you see?
  15   A. We spoke to somebody who told us that we would have to
  16     go to a different part of the hospital. We could stay
  17     overnight and it was, I do not know, about 50 yards away
  18     from where Jason was being kept in a room, so that was
  19     basically it. We arrived there and they said that the
  20     operation was being scheduled for tomorrow, "Stay here
  21     overnight, somebody will come and tell you a little bit
  22     more about it". We put our stuff in that room and then
  23     went back and sat with Jason again.
  24   Q. So at this stage you had not seen any surgeon?
  25   A. No.
0022
   1   Q. When did you first see anyone who explained to you what
   2     was being done and why it was necessary?
   3   A. Probably about an hour after we had been there and we
   4     were in the room with Jason, not a doctor, but a nurse
   5     that had come in to do normal checks that they did every
   6     so often, she came in and we asked her, and she told us
   7     that the operation -- what was going to happen, that we
   8     would have to go to another hospital, but the surgeon or
   9     somebody else would speak to us later on and go through
  10     it in more detail.
  11   Q. So Jason was in a ward on his own, was he?
  12   A. He was in a room on his own.
  13   Q. And you waited for the doctor to come and explain, did
  14     you?
  15   A. Yes.
  16   Q. Did he come after an hour, or ...
  17   A. No. A doctor did not come. It was Mr Dhasmana that
  18     came, eventually, not to Jason's room but to the room
  19     that we were staying in, which was down the corridor.
  20     He came in to explain to us what was going to happen.
  21   Q. Was there anyone with him or was he on his own?
  22   A. On his own.
  23   Q. What did he say to you?
  24   A. He basically told us, explained to us the same thing
  25     that the other doctor had explained to us before, about
0023
   1     what was going to happen in the operation. The only
   2     difference that I can remember is that he did make
   3     a point of saying that there were other smaller arteries
   4     that had to be moved, rather than just the main ones,
   5     which was what I thought it was, just the main
   6     arteries. He said they were more difficult than the
   7     main arteries. That was the first inkling that we were
   8     given that anybody thought that it was not easy. Up to
   9     then we thought "This is a straightforward operation
  10     that they do all the time".
  11        After he said that, we thought "Perhaps it is not
  12     quite as straightforward".
  13   Q. So you realised this was obviously a serious operation;
  14     it was on the heart?
  15   A. Yes.
  16   Q. It was not quite as easy as might at first have looked?
  17   A. That is right.
  18   Q. You had been expecting, at least for the last part of
  19     the week, that after his first operation which had been
  20     a success, Jason was going to come home?
  21   A. That is right.
  22   Q. He seemed perfectly well to you. There was no problem
  23     with his feeding, no problem with his colour. None of
  24     the nurses had raised any alarms with you, and you felt
  25     quite content to go home and leave him in the hospital
0024
   1     until he was ready to come out?
   2   A. That is right.
   3   Q. So you must have asked --
   4   A. Well, no, I am sorry, we did not feel content. It was
   5     difficult because we wanted to stay up there but we
   6     could not.
   7   Q. Because of Jessica?
   8   A. Because of Jessica, yes. We did want to be up there,
   9     but we were satisfied that he was okay and that nothing
  10     was going to happen while we were not there, so ...
  11   Q. You were satisfied that he was okay, but not content
  12     with him being there, wanting him home, believing he was
  13     going to come home. When the operation was suggested to
  14     you, you must have asked, "Why is it necessary?"
  15   A. No, I did not ask why was it necessary, because I had
  16     got the impression from the phone call that they were
  17     putting him in because someone else had dropped out.
  18     That is what I thought and that we were lucky that it
  19     was able to happen so quick. I just thought we were
  20     fortunate that this was going to be done straightaway.
  21   Q. In your mind's eye, as you have told us, you had Jason's
  22     operation pencilled in for 9 months or so later when he
  23     was bigger and stronger and better developed, and there
  24     was a big difference, obviously, between a 9 months old
  25     child and an 8 day old baby?
0025
   1   A. That is right.
   2   Q. So if that was in your mind's eye, did you say anything
   3     to Mr Dhasmana: "Is it not better if he waits a bit,
   4     because we do not mind if he waits a bit, he seems to be
   5     quite all right"? Nothing like that?
   6   A. The thing is, when they said to us it would be 9 to 12
   7     months before it was needed, they did not actually say
   8     we were going to wait that long. We just had that,
   9     well, when he comes home we could have him up to that
  10     amount of time and it was any stage during that time.
  11   Q. So that was the long-stop.
  12   A. That is right, but I was very surprised the phone call
  13     came so quickly. It was completely unexpected, because
  14     he had not even come home.
  15   Q. So I think what you are saying to me is that you did not
  16     ask why now, because you assumed that it was all for the
  17     best?
  18   A. That is right.
  19   Q. Although you did not ask, did Mr Dhasmana say anything
  20     about why now rather than waiting a bit?
  21   A. No.
  22   Q. You told us that he explained that the operation was not
  23     going to be quite as simple as the other doctor had said
  24     to you. Did he say anything about any particular risks
  25     involved in the operation?
0026
   1   A. He volunteered the 80 per cent success without me
   2     asking, because I had already asked previously, when the
   3     balloon septostomy was done, and I had been told 70 per
   4     cent, so I was not asking him, because as far as I was
   5     concerned, I already knew. He volunteered that to me.
   6   Q. Let me take it in stages. The time that the balloon
   7     septostomy was done, you had asked, and did the 70 per
   8     cent relate to the balloon septostomy or to the later
   9     operation?
  10   A. To the later operation.
  11   Q. The person you asked was whom?
  12   A. The same doctor that had drawn the diagram for us. The
  13     reason I remember that so well is because as soon as he
  14     said a 30 per cent chance of failure, I said, "Well, can
  15     you tell me why those 30 per cent fail?" But he did not
  16     tell me why. He just said "The main thing for you to do
  17     is to focus on the fact that other than that, Jason is
  18     well". So it looks good, basically.
  19   Q. So he did not answer, but gave you some reassurance?
  20   A. Yes.
  21   Q. When it came to Mr Dhasmana, he volunteered, you say,
  22     80 per cent?
  23   A. Yes.
  24   Q. How did he do that?
  25   A. How did I view that?
0027
   1   Q. No, how did he do that? What words did he use, that you
   2     can recall?
   3   A. I cannot remember the exact words. He just said --
   4     I think he said something like, "All being well, we
   5     would expect 20 per cent chance of failure, but ...".
   6     We did not really sort of understand why there was
   7     a difference in what he said, but it just did not seem
   8     to matter at the time. We just thought, "Just do it",
   9     basically.
  10   Q. Did you say to him, "The other doctor said 70 per cent,
  11     you are saying 20 per cent risk of failure"?
  12   A. No.
  13   Q. Perhaps it might be obvious, but what did you understand
  14     the failure to involve, potentially?
  15   A. Death.
  16   Q. You understood that at the time?
  17   A. Yes.
  18   Q. Are you sure that it was 20 per cent that he mentioned,
  19     as opposed to 25 per cent?
  20   A. I am positive.
  21   Q. Because you have had difficulties, I think, recollecting
  22     precise words, precise conversations, precise identities
  23     throughout the brief period we have already been
  24     discussing?
  25   A. Yes.
0028
   1   Q. But you are convinced that it was 20 per cent?
   2   A. Yes.
   3   Q. And it was that way round: 20 per cent risk of failure
   4     as opposed to 80 per cent chance of success?
   5   A. Yes.
   6   Q. The reason I ask if you are sure is, if we can go to
   7     page 403/68, this is Mr Dhasmana's own entry, 27th July
   8     1992.
   9        "Seen [that relates to you rather than Jason] for
  10     arterial switch repair tomorrow. Nature and risks
  11     (25 per cent) explained to parents, agree. Consent" and
  12     a tick.
  13        So he has made a note at or about the day that he
  14     saw you that he had said 25 per cent?
  15   A. Yes.
  16   Q. If he said 20 per cent, he might -- it might be
  17     suggested on his behalf, why should he write 25 per
  18     cent? Again, I just ask you: it may be, perhaps that he
  19     may have said, "Well, the risk is 20 per cent, it could
  20     be more, it could be 20 to 30 per cent, something like
  21     that", which would, if you are going to pick one figure,
  22     you pick a figure in the middle and you pick 25 per
  23     cent. Did it come out like that at all, do you think?
  24   A. All I can say to that is two things. Firstly, in view
  25     of the fact that first we were told 70, then he told me
0029
   1     80, it does not surprise me that the final thing that
   2     was written was 75.
   3   Q. But he did not know you had been told 70. You did not
   4     tell him?
   5   A. No. What I mean is, if one can tell me one thing and
   6     one can tell me the other, it does not surprise me what
   7     gets written down is something else. In view of the
   8     type of person that I have learned Mr Dhasmana is, that
   9     does not surprise me, that he would write down something
  10     that had not been said.
  11   Q. In any event, you are certain that he said 20 per cent
  12     to you?
  13   A. Yes.
  14   Q. Why was it that you agreed to the operation?
  15   A. Because we wanted Jason to live.
  16   Q. If he quoted 50 per cent or 60 per cent, you would still
  17     have given consent, would you?
  18   A. Yes.
  19   Q. Do I take it from what you said that you placed your
  20     trust and faith in the doctors?
  21   A. Completely.
  22   Q. And so whatever they said was in Jason's best interests,
  23     you would have agreed to?
  24   A. That is right.
  25   Q. Can we go back to the little picture that was drawn,
0030
   1     which I said I would come back to at a later stage?
   2     This picture: was that one drawn by Mr Dhasmana?
   3   A. I do not remember that being drawn.
   4   Q. You do not?
   5   A. I do not even recognise it, only because I have seen
   6     another picture drawn by someone else that was similar,
   7     but I do not actually recognise that.
   8   Q. It is obviously not a picture drawn for Mr Dhasmana's or
   9     any doctor's benefit, because they would know the
  10     anatomy, so it must have been done for you or your wife
  11     at some stage?
  12   A. Yes.
  13   Q. It is in Jason's records so we assume -- we may be
  14     wrong -- that it is to do with Jason and something that
  15     one of the doctors, whoever it was, may have said to
  16     you?
  17   A. Yes.
  18   Q. Did more than one person, so far as you can remember,
  19     draw diagrams to explain to you what was involved?
  20   A. I can only remember one person drawing a diagram.
  21   Q. You cannot recall this diagram as being the one that was
  22     then drawn, because that was done on a piece of paper
  23     which was pulled across towards you?
  24   A. That is right.
  25   Q. So whoever it was who drew this, if it had anything to
0031
   1     do with Jason -- I appreciate it is in his records, it
   2     may be a mistake -- but if it is anything to do with
   3     Jason, you cannot recall it being done?
   4   A. No.
   5   Q. If you look at the diagram to the right, you see the
   6     diagrams of I think what is intended to be circulation,
   7     body and lung, the arrows going around one to the
   8     other. Does that ring a bell with you?
   9   A. Yes. That diagram is closer to the one that we
  10     originally saw than the one on the left: the one on the
  11     left is a lot more complicated than we were shown
  12     originally.
  13   Q. Can I have a look at the whole sheet, please, taking
  14     a more distant view?
  15        It looks as though it is notes in relation to the
  16     giving of consent for treatment. You were asked for
  17     consent on two occasions. One was for the septostomy,
  18     the second was in relation to the later operation?
  19   A. Yes.
  20   Q. Does that help at all as to when this diagram may have
  21     been drawn, on which occasion?
  22   A. No.
  23   Q. Did you understand how long the surgery was going to
  24     take?
  25   A. I cannot remember if anybody told me specifically, but
0032
   1     I was under the impression that it should be around
   2     about four to five hours, if everything went well.
   3   Q. You had to move Jason from the Children's Hospital to
   4     the Royal Infirmary for the operation. Were you with
   5     him when he had his pre-med?
   6   A. Yes.
   7   Q. Did you go with him to the Royal Infirmary and say
   8     goodbye to him at the theatre?
   9   A. Yes.
  10   Q. Was he asleep?
  11   A. Yes.
  12   Q. What arrangements were made for you to wait for the
  13     result of the operation?
  14   A. We were shown a room that we could stay in by ourselves,
  15     and it was suggested that we did not stay in the
  16     hospital all the time waiting because it would not be
  17     very pleasant, so if we went into Bristol and had
  18     something to eat, pass the time, and then headed back
  19     around 3 o'clock, the operation should be complete and
  20     they should be able to have some news for us.
  21   Q. You dropped Jason off, sorry to use that expression, but
  22     you left him about what time at the Royal Infirmary?
  23   A. I think it may have been half 8, a quarter to 9,
  24     9 o'clock, something like that.
  25   Q. That may be where you get your five or six hours from,
0033
   1     to come back at 3 o'clock?
   2   A. Yes.
   3   Q. In any event, did you do that?
   4   A. Yes.
   5   Q. And when you came back, what happened?
   6   A. When we went back, I went to reception, told them who we
   7     were, and asked how we could find out exactly what was
   8     happening. They said they would get somebody to come up
   9     and tell us.
  10   Q. Did someone come?
  11   A. Yes.
  12   Q. What did they say?
  13   A. They said that he was not out of surgery yet because
  14     there had been a problem. That was it, basically.
  15   Q. You were worried, obviously?
  16   A. Yes.
  17   Q. Did you ask what the problem was?
  18   A. Yes.
  19   Q. What were you told?
  20   A. She did not know. All the information she could give us
  21     was that he was not out of surgery yet and there has
  22     been a complication, a problem, but she did not know
  23     exactly what it was.
  24   Q. So what happened next that you can specifically
  25     remember?
0034
   1   A. We went to the room and just waited in there.
   2   Q. On your own?
   3   A. The two of us, yes. We waited and waited, and after
   4     a while a nurse came to see us and said that he was
   5     still in surgery; that there had been another
   6     complication and the same as the first time, really, she
   7     did not really know what was wrong, exactly, but knew
   8     that he was still in surgery.
   9   Q. What was the next news that you had?
  10   A. We waited and waited again, and I think I went to
  11     reception again and asked for somebody to come and give
  12     us more information.
  13   Q. Roughly what time would that have been?
  14   A. About 6 o'clockish, just after 6.
  15   Q. So the operation had now been going on for about
  16     9 hours?
  17   A. Yes. That is really why I went to reception, I think,
  18     because we started to realise that the baby being, you
  19     know, in surgery for all that time, could not be a good
  20     thing, so I went to reception and somebody came to see
  21     us and this time they gave us a bit more detail and she
  22     said that they had tried to take him off -- he was on
  23     bypass and they tried to take him off the bypass and
  24     they could not take him off the bypass, so they had to
  25     reopen him to try and find out why he was not coming off
0035
   1     the bypass successfully. That was all that she could
   2     say, basically.
   3   Q. What was the next that you heard?
   4   A. Again, I went back to the room and waited and waited
   5     another hour or so, I think. I went to reception again
   6     and I do not know if I asked for somebody to come or if
   7     there was somebody actually on their way already, but
   8     either way, the nurse came back again and told me that
   9     he had died; they had not been able to take him off the
  10     bypass, or they took him off the bypass and he had had
  11     a cardiac arrest while doing it. It is a bit difficult
  12     to remember exactly what she said. I was outside the
  13     room when that happened, because I thought this was
  14     going to be bad news and I wanted to be able to tell my
  15     wife myself.
  16        I remember her saying to me that she thought I was
  17     taking it too well.
  18   Q. The nurse saying to you?
  19   A. Yes, because I did not really react. The reason for
  20     that was because I think I knew that it was going to be
  21     bad news, so I was not actually shocked. She asked if
  22     I wanted her to come in with me to tell my wife, and she
  23     asked if I wanted to see the Chaplain or anybody from
  24     a religion to talk to, but we did not. So I think the
  25     only other thing I asked was when we would be able to
0036
   1     see the baby, and she said that it would be a little
   2     while because the baby would have to be prepared,
   3     cleaned up, because the operation was not very pleasant,
   4     so then we waited again.
   5   Q. Do I gather that the way that she dealt with you was
   6     sympathetic?
   7   A. Yes, up until then. But we waited again and it just
   8     seemed too long, so I went to reception again to ask
   9     what was happening. I had said to the nurse, "When you
  10     bring the baby down, if I am not here, do not go into
  11     the room without me to show my wife".
  12   Q. Because ...
  13   A. I thought it would be better if I was there with my wife
  14     when the baby was brought in.
  15   Q. To spare some of the upset?
  16   A. Yes. When the baby still did not come back after
  17     a while, I then went to reception again to ask, and by
  18     the time I had got back, the nurse had come back and was
  19     already in the room and had given the baby to my wife.
  20   Q. So you were upset about that?
  21   A. Yes.
  22   Q. But as it happened, had Janine taken it better than you
  23     had expected?
  24   A. I do not think she wanted me to say anything about it to
  25     the nurse. I just thought it was a very simple thing to
0037
   1     ask, you know. I just thought, because she had not
   2     complied with it, it just seemed a bit odd, under the
   3     circumstances.
   4   Q. Were you able to spend the time you wanted with Jason?
   5   A. Yes.
   6   Q. You then tell us in your statement, you asked the nurse
   7     to leave. She said she could not. You said "Please do"
   8     and she did?
   9   A. That is right.
  10   Q. So there was really no problem with that?
  11   A. No.
  12   Q. You had long enough with Jason before he was taken away?
  13   A. Yes.
  14   Q. Was there any further discussion as to what was going to
  15     happen now for you, given the shock you had had?
  16   A. When the nurse took Jason away, I cannot remember if she
  17     came back quickly or it was another nurse came back, and
  18     said to us that we would be able to stay in that room
  19     overnight, and sort of go home in the morning. She did
  20     not think it was a good idea for us under the
  21     circumstances to leave and drive home that night, so we
  22     were offered the opportunity to stay, and also, if we
  23     would like to see anybody who could talk to us about it,
  24     help us, a counsellor or someone like that.
  25   Q. So you had the choice and the opportunity?
0038
   1   A. Yes.
   2   Q. And did you take advantage of it, or not?
   3   A. No. She also asked if we would like to speak to the
   4     surgeon.
   5   Q. And you said --
   6   A. No.
   7   Q. Why?
   8   A. As far as we were concerned, we thought the baby had had
   9     the best possible attention and that nothing else could
  10     have been done and that to start trying to go into
  11     details would be a complete waste of time, and would
  12     just make it worse for us. All we wanted to do was to
  13     leave, get home, and deal with it, basically.
  14   Q. You have changed your mind, as is obvious from your
  15     statement, about that subsequently. Am I right in
  16     thinking that what changed your mind was the matters
  17     that led to the GMC Inquiry?
  18   A. Yes.
  19   Q. And up until when did you go on thinking or believing
  20     that Jason had had the best possible treatment?
  21   A. Do you mean what date, or what event?
  22   Q. Roughly what sort of period of time?
  23   A. 1997, I think -- 1996, 1997.
  24   Q. So for four or five years, anyway?
  25   A. We did not realise, when we first found out that
0039
   1     something was not right, we did not realise then what it
   2     was, if you know what I mean, that was not right. I was
   3     interested in what I had seen on the news and bought
   4     a local paper, but it did not really mean that much to
   5     me until I had a phone call from the hospital.
   6   Q. I will come to that in a moment. I just took a little
   7     bit out of your account to contrast the way you felt
   8     immediately after the operation with the way that you
   9     feel now. That was the purpose of the question. I will
  10     come back to that.
  11        If I can just pick up the account, you go home,
  12     having been offered some support by the hospital?
  13   A. Yes.
  14   Q. Did you have any phone calls or letters over the next
  15     few days from anyone connected with the hospital?
  16   A. Yes. We had a phone call the next day from a woman who
  17     was asking how we were, giving her condolences.
  18   Q. Did she say who she was?
  19   A. She did. As far as I can remember, it was Helen
  20     Stratton, I think. There were two or three people who
  21     all seemed to be doing the same sort of job that we
  22     spoke to a couple of times each, so I am not sure, but
  23     I think it was Helen Stratton, and also, we had got two
  24     cards from the Children's Hospital, bereavement cards,
  25     and with one of them was sent the baby's handprint and
0040
   1     footprint, but we did not ask --
   2   Q. You did not ask?
   3   A. It was offered to us and we thought that would be a good
   4     thing.
   5   Q. Was it a good thing?
   6   A. Yes.
   7   Q. Did you get a letter, I think, let us have a look at
   8     403/88. It is a letter from Dr Martin. The date of it
   9     I can tell you is 18th September, so it is a little
  10     while later, a couple of months, six weeks later and it
  11     speaks perhaps for itself:
  12        "You may have lots of questions and
  13     uncertainties, you may not feel ready for this yet, but
  14     if and when you would like to talk things over, I would
  15     be very happy to see you, either up here in Bristol or
  16     perhaps at one of my two-monthly visits to Barnstaple."
  17        Did you take up that offer?
  18   A. No.
  19   Q. Did you understand that there was going to be
  20     a post-mortem?
  21   A. Yes.
  22   Q. Were you told about that before the post-mortem took
  23     place?
  24   A. I was told about that when I asked how quickly Jason
  25     could come back, so that the arrangements could be dealt
0041
   1     with. It was explained to me that he would not be able
   2     to come back quickly because of the circumstances of the
   3     death, that somebody would have to look into it, which
   4     I assumed that is what they meant, the post-mortem. So
   5     that was fine, we understood that, that things had to
   6     happen before he could come back.
   7   Q. Did you ever see or ask for -- two separate questions
   8     there. Did you ever see, first of all, the post-mortem
   9     report?
  10   A. If that is the report that is in his records that does
  11     not give any detail at all, yes. But I am not sure what
  12     the --
  13   Q. But that was later on when you got his records?
  14   A. Yes.
  15   Q. So that would be moving four or five years on?
  16   A. That is correct.
  17   Q. But within the four or five years after the death, you
  18     did not see the post-mortem report. Did you ask for it?
  19   A. No.
  20   Q. So you were, if not happy, at least you understood that
  21     that had been done, and you did not want to know what it
  22     said in particular?
  23   A. As far as we were concerned, after the baby was
  24     cremated, we just wanted to deal with what had
  25     happened. We just thought that details would just make
0042
   1     things worse for us, and it would not accomplish
   2     anything. We did not for one minute think that any
   3     mistakes could have been made. It just did not enter
   4     our heads. We just assumed that everything had been
   5     done correctly.
   6   Q. Before I come to that question, the question of mistakes
   7     and what you feel about that, just staying with the
   8     post-mortem and related issues for a moment, you had
   9     Jason's body back for cremation?
  10   A. Yes.
  11   Q. Did you understand that any tissue had been kept?
  12   A. No.
  13   Q. Have you since realised that that in fact was the case?
  14   A. Yes.
  15   Q. When did you realise?
  16   A. Do you mean when did I realise it might, or when did
  17     I know for certain that it had?
  18   Q. When did you know for certain that it had?
  19   A. Two weeks ago.
  20   Q. When, before that, did you realise that it might have
  21     been kept?
  22   A. Yes.
  23   Q. How long before that?
  24   A. About two weeks before that. So about a month.
  25   Q. So within the last month, you first of all realised some
0043
   1     tissue from Jason may have been kept; two weeks ago
   2     roughly you realised it had been?
   3   A. Yes.
   4   Q. Had you ever been asked about whether it could be kept?
   5   A. No.
   6   Q. What do you feel about not knowing, and then finding
   7     out?
   8   A. I think they should have told us, but the fact that they
   9     did not does not surprise me, because that is life. It
  10     just does not surprise me. But I think they should have
  11     told us. I do not think they have any right to take
  12     tissue from a baby without their parents knowing,
  13     whether their baby has died under special circumstances
  14     or not. If the parents have not got the right to know,
  15     then who has?
  16   Q. You have said that in a very matter-of-fact way. In
  17     terms of your feelings, were you annoyed to discover
  18     that it had happened?
  19   A. No, because I have been annoyed at the whole thing, so
  20     these extra things that keep coming up at this stage do
  21     not really surprise me. It is just, here is another
  22     thing that we did not know that they have done, and each
  23     thing seems to get worse, so the way we have dealt with
  24     it is just to take it on board and just think, "Oh,
  25     well, it is just another thing they have done that they
0044
   1     should not have done". It cannot be put right, so that
   2     is why I am so matter-of-fact about it.
   3   Q. How, in your view, ought it to have been dealt with?
   4   A. I think that somebody should have said to us that "If
   5     there is a post-mortem, the Coroner has the legal right
   6     apparently to order retention of certain organs or
   7     tissues without the consent of anybody, because that is
   8     the law. However, we want you to know exactly what is
   9     happening, so although that can be done without your
  10     consent, it does not mean to say that we want to do it
  11     behind your back".
  12        If they had said that, we would have understood;
  13     it would have made things different, because we would
  14     have consented. If we thought it would help, we would
  15     have. But to do it and not find out until after all
  16     these years, and the way that we found out, because the
  17     Public Inquiry was about to start, just sort of
  18     underlines the attitude that the hospital must have
  19     had. I do not think, if the Inquiry had come about,
  20     that we would know now.
  21   Q. If the Inquiry had not come about?
  22   A. If there was no Inquiry, I do not think that we would
  23     know that there had been organs retained.
  24   Q. I stopped you a moment or two ago telling us about how
  25     you developed your concerns about what had actually
0045
   1     happened during the operation and how you changed your
   2     view from being that he had the best of treatment to
   3     being very worried that he had not. Indeed, your
   4     present position, I think, is that you have a claim
   5     against the Trust in respect of the death of Jason?
   6   A. That is right.
   7   Q. And I think you are anticipating that there may be
   8     a settlement in the near future?
   9   A. Yes.
  10   Q. How did you become aware of your present concerns? You
  11     were going to tell us about a phone call or some
  12     communication you had had from the Trust?
  13   A. First of all, it was on the local news, talking about
  14     somebody who had only lived about five miles from where
  15     we lived, so that was interesting. We listened.
  16     Because it was such an unusual story, I thought it would
  17     be in the local paper, so I bought the local paper and
  18     it was. I think my wife said to me at that stage, "You
  19     should look into it and find out."
  20   Q. The "it" you were looking into was what? What was the
  21     story about, roughly?
  22   A. Yes, that is right, because it concerned the Bristol
  23     hospital and because it concerned a baby and a heart
  24     problem, it was common with us, so she thought it is
  25     worth finding out a bit more about it. I was not so
0046
   1     sure, then, because I did not really connect their
   2     problem with the problem that we had at all.
   3        But then I got a phone call from the hospital,
   4     I think it was the next morning to when it had been on
   5     the television, and it was just a phone call out of the
   6     blue. They just wanted to ask me -- well, they asked
   7     me, "Are you happy with what happened at the hospital to
   8     your son? Are you happy with what went on and do you
   9     have any problem with it?"
  10        So I said, "No, none at all."
  11   Q. The person to whom you spoke was a he, was it?
  12   A. He.
  13   Q. How did he introduce himself? Who was it? It could be
  14     anyone you were speaking to?
  15   A. That is right. He did introduce himself, but I cannot
  16     remember who he said he was. I was just stunned that
  17     I was getting a phone call from the hospital. What
  18     sticks in my mind about that call was that he wanted to
  19     speak to my wife specifically because although I had
  20     said I was happy with what had happened, he wanted my
  21     wife to say it on the phone, and I knew that she would
  22     not want to speak to him, so I just said "There is no
  23     need to talk to her, because she is quite happy, the
  24     same as I am". But he did ask again, was she there and
  25     could he speak to her, and I just said "No, there is no
0047
   1     point".
   2   Q. Roughly when was the phone call?
   3   A. It was the next morning to when it had been on the news.
   4   Q. Roughly when was that? It was before the GMC hearings,
   5     obviously, because you subsequently went there?
   6   A. I think it was 1996, 1997, something like that.
   7   Q. So some time around about then, you think?
   8   A. Yes.
   9   Q. I think on an earlier occasion you may have said that
  10     it was possibly February 1996. I do not know whether
  11     that rings a bell or not?
  12   A. It does now that you have said it, yes.
  13   Q. So it may have been about then, you think?
  14   A. Yes.
  15   Q. But you have no other way of dating it, apart from just
  16     thinking, well, it was that sort of time ago?
  17   A. That is right.
  18   Q. And the day after the ...
  19   A. Yes.
  20   Q. You have told us you were stunned by this approach, out
  21     of the blue?
  22   A. Yes.
  23   Q. Did you speak to anyone about it?
  24   A. I phoned up and got the number of the lady that had been
  25     on the interview on the television. I do not think
0048
   1     I could -- I tried to phone her. I cannot remember how
   2     I got the number, but I ended up getting the number of
   3     the place that her husband works, and I phoned and spoke
   4     to him at work.
   5   Q. And as a result?
   6   A. He very sort of basically told me what had happened and
   7     said to me that if he was me, he would seek advice,
   8     further advice on it, or look into it.
   9   Q. So you went to whom for advice?
  10   A. I made an appointment to go and see the solicitor that
  11     he suggested and that he was using.
  12   Q. And did you see that solicitor?
  13   A. Not at that time, no.
  14   Q. But subsequently?
  15   A. Yes.
  16   Q. Is that your present solicitor, or not?
  17   A. Yes.
  18   Q. A little while after that, you were asked to come to
  19     give evidence at the GMC?
  20   A. Yes.
  21   Q. Which you did?
  22   A. Yes.
  23   Q. And you followed the proceedings at the GMC?
  24   A. Yes.
  25   Q. You told us in your statement about the advice that you
0049
   1     have had through your solicitors, what you have picked
   2     up listening to or reading the transcripts of the GMC?
   3   A. Yes.
   4   Q. I think you would be the first to accept that you have
   5     to rely on what experts make of the documents and the
   6     operation notes?
   7   A. That is right, yes.
   8   Q. Because of what has happened, you have serious concerns
   9     which you would like to have resolved: you would like to
  10     know what happened and why?
  11   A. That is right.
  12   Q. But I think what you would acknowledge is that although
  13     you set out complaints in relation to Mr Dhasmana in
  14     your statement, that really is for, as it were, experts
  15     to resolve?
  16   A. Yes.
  17   Q. For that reason, I am not going to go through your
  18     complaints in detail. They are in your statement and we
  19     can see what they would be.
  20   A. Yes.
  21   Q. I think it is simply perhaps sensible, for future
  22     purposes, because I am sure we will probably hear more
  23     evidence in relation to Jason's death, to note for the
  24     Panel's reference, and put it on the screen at the
  25     moment, so it is in the record, just to see what the
0050
   1     operation, the handwritten operation note says at
   2     403/69.
   3        We have there the diagnosis and you will forgive
   4     me for going through a note which I know you have seen
   5     before, a diagnosis of "transposition of great arteries
   6     with balloon septostomy, transferred from the Bristol
   7     Children's Hospital to cardiac theatre. Baby looked
   8     blue. Once anaesthetised, the oxygen saturation dropped
   9     to between 60 and 70 per cent, requiring hand
  10     ventilation. On bypass with bicaval cannulation ..."
  11        It goes on with some of the details. Underneath
  12     the heading: "Once cooled, circulation stopped".
  13     Underlined is "Coronary abnormality. The left posterior
  14     sinus ..."
  15        It notes the left anterior descending and the
  16     right coronary artery. The right posterior sinus, the
  17     left circumflex. It deals with the operation, the
  18     bypass.
  19        There is a heading "Problems", if we just scroll
  20     down, "Monitoring lines in PA and LA, coming off bypass,
  21     persistent hypoxia, oxygen saturation dropping to 67 per
  22     cent and repeated attempts failed in spite of inotropic
  23     support."
  24        We have the indication of the right to left shunt,
  25     just below that. The comparison of the atrial
0051
   1     saturation, 100 per cent, the arterial saturation 80 per
   2     cent, which was indicating a right to left shunt, so
   3     back on bypass. The right atrium opened, septostomy
   4     properly closed. Looked for ventral septal defect
   5     through the tricuspid valve. Nothing seen."
   6        The next page, please. And finally, "Came off
   7     bypass". It goes on. If we have, please, on my screen
   8     first 403/71, let us move it down below the address, if
   9     we may. This is a typed note rather full of details in
  10     some respects:
  11        "Perfusion data. The bypass time, a total of five
  12     hours and five minutes. The cross-clamp time of 1 hour
  13     31 minutes, circulatory arrest, 1 hour 15 minutes".
  14     I draw attention to the findings.
  15        If that note, together with 403/72 and 73, could
  16     be made part of the record. I do that, Mr Bwye, for
  17     completeness's sake so it comes in the right place in
  18     the record of these proceedings. I appreciate that you,
  19     from your position, cannot yourself comment except from
  20     what others have told you about it?
  21   A. That is right.
  22   Q. I have asked you a lot of questions about the life and
  23     death of your son Jason. Is there anything which I have
  24     not asked you but which you would like to add to your
  25     evidence?
0052
   1   A. I cannot think of anything.
   2   MR LANGSTAFF: From my point of view, thank you very much.
   3     The Panel are perhaps going to have some further
   4     questions for you.
   5   THE CHAIRMAN: Mr Bwye, do take your time, if there are any
   6     other things you would like to add. Do not feel that
   7     you are under any pressure. Take some time to reflect
   8     and if there is anything else you want to tell us,
   9     please do. Recognise of course that you can come back
  10     at any time and tell us other things by writing or in
  11     some other form. If there is anything now that occurs
  12     to you, please tell us.
  13   MR BWYE: I cannot really think of anything that I want to
  14     ask, thank you.
  15   THE CHAIRMAN: Want to ask, or tell us?
  16   MR BWYE: I would just like to thank my solicitor for the
  17     support he has given me, because it has helped a lot.
  18     I think he has dealt with it very well.
  19   THE CHAIRMAN: Thank you. We have no questions from the
  20     Panel, Mr Bwye. Is there any re-examination?
  21   MR TRUSTED: Yes, there is one point, please.
  22            Re-examined by MR TRUSTED:
  23   MR TRUSTED: Sir, if I could explain, I think there may be
  24     an error in the transcript and I want the witness's
  25     assistance just with that. It is page 12 in your
0053
   1     transcript, margin note, 12.10, the answer to 12.10.
   2     The issue concerned is E5, which concerns decisions
   3     about where and when surgery should have been done. It
   4     is paragraph 10 on page 4 of the statement.
   5        Mr Bwye, if I can explain the background to this,
   6     the issue concerns the time after the balloon
   7     septostomy, when you had a discussion with the doctor
   8     whose name you could not give us about the need for
   9     future surgery. Do you remember the point I am talking
  10     about?
  11   A. Yes.
  12   Q. The transcript at the point I refer the Panel to said
  13     that he, that is the doctor, said that the operation
  14     would need to be done immediately. What you said in
  15     your statement is this:
  16        "I can recall being told that Jason would need
  17     a further operation, but that it could be delayed until
  18     he was between 9 and 12 months old.
  19   A. That is right.
  20   Q. Do you think on reflection that the transcript is right
  21     when it said that the doctor said he would need the
  22     operation immediately?
  23   A. Absolutely not.
  24   Q. So can I infer from that, we should insert a "not",
  25     that "he would not need the operation to be done
0054
   1     immediately" at that point?
   2   A. That is right. Nobody ever suggested to us it would
   3     have to be done immediately.
   4   MR TRUSTED: Thank you, sir. I have no further
   5     examination.
   6   THE CHAIRMAN: Thank you. We will of course check that
   7     against the tape and make the appropriate adjustment.
   8   MR LANGSTAFF: Mr Bwye, thank you very much indeed for
   9     coming to give your evidence. You are free to go or
  10     stay as you wish.
  11   MR BWYE: Thank you.
  12            (The witness withdrew)
  13   MR LANGSTAFF: Sir, may we take Mrs House's evidence
  14     at 25 past 11?
  15   THE CHAIRMAN: Yes. I am grateful, Mr Langstaff.
  16     15 minutes, then.
  17   (11.10 am)
  18            (Adjourned until 11.25 am)
  19   (11.25 am)
  20   MISS GREY: Sir, the next witness is Miss House, please.
  21     Miss House, as you have seen, I think, the evidence here
  22     is given on oath. Could I ask you, please, to stand
  23     whilst you affirm.
  24           MISS BELINDA HOUSE (affirmed):
  25             Examined by MISS GREY:
0055
   1   Q. Your full name is Belinda Jane House?
   2   A. Yes, that is right.
   3   Q. You have a partner of many years, Julian Batt?
   4   A. Yes.
   5   Q. You live with your daughter Megan, who is now aged
   6     11 and your son Ryan, who is 9?
   7   A. Yes, that is correct.
   8   Q. It is about Ryan and his life that you are about to tell
   9     us today?
  10   A. Yes.
  11   Q. You have given a statement to the Inquiry already, and
  12     I think you have a copy of that in front of you; that is
  13     right, is it not?
  14   A. Yes, that is right.
  15   Q. You also have, I think, some photographs there which you
  16     would like to show to the Panel later on?
  17   A. Yes, if I could.
  18   Q. Before we begin, I think there are just two small
  19     corrections you would like to make to your statement.
  20     If we could have up witness 25, please, page 6, if we
  21     could look at paragraph 13. If we could have that on
  22     the screen, please. It is right you pointed out that
  23     about 8 lines down you have referred to Mr Wisheart as
  24     "Dr Wisheart" there, and you wanted that corrected?
  25   A. Yes, please.
0056
   1   Q. If we could turn to page 8 of the statement, to the
   2     very bottom of the page you wrote there:
   3        "Mr Wisheart wanted to discuss it with other
   4     members of the team, which he did after further
   5     discussion with us."
   6        That is a reference to a discussion about
   7     acupuncture treatment?
   8   A. Yes.
   9   Q. I think you wanted to add in there another sentence
  10     "He then allowed the treatment."
  11   A. Yes.
  12   Q. The sentence would continue "Within a couple of hours
  13     there had been a very significant improvement in Ryan's
  14     condition."
  15   A. Yes.
  16   Q. With that, you are happy with the statement, I think, as
  17     you put it in, but obviously we will go over it and
  18     amplify it now.
  19        If I could take you, then, to the beginning of the
  20     story to the Panel today, Ryan was born on 6th April
  21     1989; is that right?
  22   A. Yes, that is correct.
  23   Q. And he was born at Southmead Hospital?
  24   A. Yes.
  25   Q. When he was born, did you and your partner think that
0057
   1     there were any problems?
   2   A. We thought he was a slightly pale colour, but apart from
   3     that, after the first hour or so, no, but as time went
   4     on, he had breathing problems during the night and
   5     I took him into the nursery, because I thought he needed
   6     sucking out, perhaps he had swallowed some fluid or had
   7     fluid on his lungs, and I think I took him to the
   8     nursery three or four times during the night.
   9   Q. What were you told by the nursery staff?
  10   A. He was fine, just "get some rest, leave him in the
  11     nursery, go back to your bed and get some rest".
  12   Q. At what point did you become aware there might be some
  13     more serious problems?
  14   A. Believe it or not, we did not realise there were any
  15     problems until I had been seen by the doctor and
  16     discharged, and the paediatric doctor was just about to
  17     come and see Ryan to discharge him, and the nurse looked
  18     into the cot and just literally wheeled it out of the
  19     door without even saying there was a problem, just went,
  20     and I presume, to the nursery or to the Special Care
  21     Baby Unit.
  22   Q. What did you do?
  23   A. I just sat on the bed, totally in shock, and then
  24     a nurse actually came -- well, she did say the wrong
  25     thing, but she said "Have you got any photos of your
0058
   1     baby?" which made me think that he was dead or dying.
   2     Then shortly after that, I rang my partner and I think
   3     he was on his way anyway.
   4   Q. Did you then go to try to find Ryan to find out what was
   5     happening?
   6   A. We were then taken down to the Special Care Baby Unit
   7     and taken into a side room where the doctors were very
   8     agitated and distressed, and we were told that they
   9     thought Ryan had a heart problem, but they did not know
  10     what it was and they prepared us for the fact that he
  11     may not survive.
  12   Q. You say "the doctors". How many people were you dealing
  13     with at that time?
  14   A. I can remember a nurse walking down with us and a lady,
  15     a woman doctor, actually giving us the news, but it was
  16     only I think at that time one lady doctor in the room
  17     with us.
  18   Q. You mentioned that you were told that Ryan had a heart
  19     problem, but they did not know, that is the staff at
  20     Southmead Hospital, what it was. What were they doing
  21     to try and find out what the heart problem was?
  22   A. I think at that point they were actually resuscitating
  23     him. I think he lacked oxygen, as baby's hearts, just
  24     after they are born, I do not remember the name of it
  25     but there is a tube which sends oxygen from one side to
0059
   1     the other, and that was closing down and Ryan was
   2     passing out because of the lack of oxygen. They were
   3     trying to resuscitate him but did not know what the
   4     problem was because they did not have the correct
   5     scanner at Southmead. They did not know what the heart
   6     looked like, but they were very, very worried.
   7   Q. Did they take steps to find someone with the equipment
   8     to help further?
   9   A. Well, they were on the phone -- when we were allowed to
  10     go into the Special Care Baby Unit after some time,
  11     I can remember the doctor on the phone for a great deal
  12     of time trying to contact the cardiologist, which later
  13     we realised was Mr Joffe, but he was on the phone for
  14     hours and hours, just desperately trying to get somebody
  15     to come and look at the baby.
  16   Q. Did he make contact with the cardiologist eventually?
  17   A. Eventually, we were told by a very relieved doctor that
  18     he had found Dr Joffe; he was actually in Wales, but he
  19     would come back as quickly as he could.
  20   Q. Ryan had been born on 6th April. What is the date of
  21     the events you are now describing?
  22   A. The 6th he was born, the early hours of the morning, if
  23     I remember rightly, and then, I am not sure now, the
  24     next day -- I think it was the next day, or within the
  25     next few hours we were in SCBU, and then that evening
0060
   1     I think Mr Joffe arrived to look at Ryan.
   2   Q. When you say "SCBU", you mean the Special Care Baby
   3     Unit?
   4   A. Yes.
   5   Q. Dr Joffe arrived that evening. Did he examine Ryan?
   6   A. Yes, he examined Ryan. I believe he actually looked on
   7     the scanner at Southmead, and he could interpret the
   8     scan pictures better than the staff there, obviously,
   9     because he was a cardiologist.
  10   Q. What did he tell you about Ryan's condition?
  11   A. At that point, he thought it was simple transposition of
  12     the main arteries. Then we were told if that was the
  13     case, there was an operation which would correct this.
  14   Q. How did you feel about that?
  15   A. Well, totally relieved, because until that point, we
  16     thought that he had no hope at all. We thought it was
  17     inoperable, we had been given that, so from that point,
  18     everything was just wonderful.
  19   Q. What did Dr Joffe explain to you that he was proposing
  20     to do in order to clarify the diagnosis?
  21   A. Dr Joffe actually decided he ought to take Ryan to the
  22     Children's Hospital and do an echocardiogram, or
  23     something like that, and then a balloon procedure where
  24     you actually make a hole through the top chambers of the
  25     heart.
0061
   1   Q. Was the term "balloon septostomy" used?
   2   A. Yes, it was.
   3   Q. So were arrangements made to make that transfer?
   4   A. Well, that was very traumatic. Mr Joffe told us we had
   5     to be at the Children's. The doctor again got on the
   6     phone, because he had to arrange for theatre space, at
   7     a convenient theatre at the Children's. He spent an
   8     awful lot of time doing that, which was very distressing
   9     for him. He then found the theatre space and could not
  10     find the nurses to staff the theatre. That went on for
  11     a very long time, until Julian and I actually suggested,
  12     could we pay agency nurses, because we were so
  13     desperate, because we knew this procedure had to happen
  14     within so many hours.
  15   Q. Can I stop you there. You say he was having difficulty
  16     finding theatre space. That is theatre space at the
  17     Children's Hospital?
  18   A. At the Children's Hospital.
  19   Q. You then went on to say there was difficulty finding
  20     nursing staff?
  21   A. Yes.
  22   Q. Was that in relation to nursing staff at the Children's
  23     Hospital, or in relation to nursing staff to manage the
  24     transfer?
  25   A. That was both. That was nurses to look after Ryan in
0062
   1     the theatre, and also, Ryan needed quite a senior nurse
   2     to go with him in the ambulance with the incubator and
   3     they also needed a senior nurse left on the SCBU at
   4     Southmead Special Care Baby Unit.
   5   Q. Were they able to find nurses?
   6   A. Yes, finally they found the nurses, so we thought
   7     everything was fine, we were on our way, but there was
   8     yet another problem.
   9   Q. What was that?
  10   A. They could not find an ambulance, because the ambulance
  11     needed to transfer this incubator -- they told us there
  12     were two, possibly three in the whole of Bristol, but
  13     I think it was two and they were having great difficulty
  14     in finding this particular ambulance. We were saying,
  15     "Why can we not just go in a taxi?" but they had to go
  16     in this particular ambulance for his safety.
  17   Q. Was that in order to use the incubator in which Ryan was
  18     actually being cared for?
  19   A. Yes, so they could do everything necessary to keep him
  20     alive.
  21   Q. Were they eventually able to find an ambulance?
  22   A. Yes, over the phone. The doctor finally said "Yes, we
  23     have found an ambulance", but he said "Do not raise your
  24     hopes too much, because if there is an accident on the
  25     M5 and that ambulance is needed, we will not be able to
0063
   1     get the theatre space". But the ambulance did arrive
   2     and he got to the Children's Hospital, but those hours
   3     were totally traumatic.
   4   Q. If I could just have a look, please, on my screen, at
   5     medical record 1988/57, if we could look at the top half
   6     of that page, if you just scroll it up a little bit,
   7     please, you should have there the record of a cardiac
   8     catheterisation procedure carried out by Dr Joffe and
   9     just at the very top, we can see that Ryan's name is
  10     mentioned, so this is the catheterisation that was
  11     carried out that you were about to describe?
  12   A. Yes.
  13   Q. At the very top of that page you can see a date:
  14     7th April 1989?
  15   A. Yes.
  16   Q. Does that accord with your recollection of when the
  17     transfer was made to the Children's Hospital, and
  18     therefore the catheterisation was able to take place?
  19   A. Yes. That would be right, because it would be the day
  20     he was -- yes.
  21   Q. So he was born on the 6th and despite the difficulties
  22     in arranging for staff --
  23   A. All day on the 6th we had the trouble with finding
  24     different theatres and everything else, and then the
  25     7th, yes, he went across.
0064
   1   Q. He was actually transferred on the morning, the
   2     afternoon? What time?
   3   A. I think it must have been late afternoon, because I can
   4     remember when he went back to Southmead, just after the
   5     operation, it was dark.
   6   Q. So he arrived at the Children's Hospital. Where were
   7     you taken at that time?
   8   A. He arrived at the Children's Hospital; we met Dr Joffe.
   9     We went into the echocardio room, where we could see
  10     just the pressures and Dr Joffe explained the oxygen,
  11     where it was going on the screen. Ryan was next to us
  12     in the incubator. He then explained what exactly he was
  13     going to do, then Ryan went into the theatre and we were
  14     taken to the Maternity Hospital.
  15   Q. What was Dr Joffe's manner in explaining these matters
  16     to you?
  17   A. Dr Joffe was always very calm; he was always very
  18     concerned for all of us, and reassuring, and any
  19     question we wanted to ask, we were assured we could ask
  20     it and we did. He was very receptive to any questions.
  21     He was a very calm and caring person.
  22   Q. So a catheterisation procedure was carried out and the
  23     balloon septostomy took place. What were you told about
  24     the results of that procedure?
  25   A. Dr Joffe then came to see us in the Maternity Hospital,
0065
   1     which was just across the road. He said everything had
   2     gone fine. At that point I asked him if we could go
   3     back with Ryan in the ambulance, and he said, yes, that
   4     would be fine.
   5   Q. When you say "go back with Ryan in the ambulance", to
   6     where?
   7   A. To Southmead Hospital, because there were no beds
   8     available in the Children's. He had to be transferred,
   9     I assume after coming out of recovery, he had to go back
  10     to the Special Care Baby Unit in Southmead.
  11   Q. Were you being told about what should happen to Ryan
  12     next? What further treatment was needed?
  13   A. They explained he would spend some time on the Special
  14     Care Baby Unit, and then, if everything went okay, we
  15     could take him home and he would not need an operation
  16     then until about 11 months, depending on the state of
  17     his heart.
  18   Q. If we could just have a look at medical record 1988/56,
  19     please, if you could have that on the screen, please,
  20     that is a note of a joint cardiac surgical radiological
  21     meeting, which took place a little later, 31st May. It
  22     is confirming a diagnosis of transposition of the great
  23     arteries; that there had been an adequate result from
  24     the balloon atrial septostomy, and Ryan would have
  25     pre-operative study in about 6 months time.
0066
   1        Were you informed of that need at that time?
   2   A. We were, but I had forgotten that, because I had not
   3     seen his medical notes.
   4   Q. Taking you back to the point where Dr Joffe was
   5     explaining how the operation had gone, you said Ryan was
   6     taken back to Southmead Hospital?
   7   A. Yes.
   8   Q. What happened to you at that point?
   9   A. That, for me, was very traumatic, because we were in the
  10     Maternity Hospital because the nurses were very
  11     concerned about me, because I had just had a baby, but
  12     I was not concerned about myself at that stage, I was
  13     more concerned about Ryan. We could actually see the
  14     entrance of the Children's Hospital and we were told we
  15     could go back in the ambulance, which is something
  16     I desperately wanted to do, but we looked out of the
  17     window and saw Ryan being put into an ambulance and the
  18     ambulance ready to drive off.
  19   Q. So what did you try and do?
  20   A. I ran straight out of the hospital with Julian, we both
  21     ran out together. We ran across the road. We nearly
  22     got to the ambulance and it drove off, and I was just so
  23     angry, you can't explain it, because my baby was just
  24     going off and I had been told I could stay with him.
  25     The nurse came out. In all honesty, I was her
0067
   1     responsibility, and she was not very happy because I had
   2     gone, and I suppose I could have been in danger myself,
   3     but I did not see it like that. She was trying to look
   4     after me, but all I wanted to do was be with Ryan, and
   5     I did not understand at that time.
   6   Q. Who had gone with Ryan back to Southmead?
   7   A. The senior nurse had gone back with Ryan in the
   8     ambulance. Obviously they did not want me in there in
   9     case they had to treat me and their priority was Ryan.
  10   Q. Did they discuss with you whether Julian would be able
  11     to go with Ryan or not?
  12   A. They did not discuss the leaving. Mr Joffe said they
  13     would arrange for us to go back in the ambulance, so
  14     they did not discuss it because, well, we were told we
  15     could go and we did not, so there was no discussion.
  16   Q. When did you next see Ryan, then?
  17   A. A few moments later, we went back to the Special Care
  18     Baby Unit, I presume in our car, but I honestly can't
  19     remember that time at all.
  20   Q. So you are saying you left the Bristol Maternity
  21     Hospital?
  22   A. Yes, and went back to Southmead, to the Special Care
  23     Baby Unit.
  24   Q. I think it is right Ryan stayed there for about a week
  25     to 10 days before you were able to take him home?
0068
   1   A. Yes, that is right.
   2   Q. Was he then followed up by Dr Joffe at the outpatients
   3     department at the Bristol Children's Hospital?
   4   A. Yes, we continued to see Dr Joffe at various times at
   5     the outpatients for x-rays and scans, just to make sure
   6     his heart was not going into failure.
   7   Q. Did there come a time in October 1989 that a further
   8     procedure needed to be carried out on Ryan?
   9   A. That is right. He was actually taken to the Children's
  10     to have a catheter and he stayed in there for about two
  11     or three days.
  12   Q. Can you remember what the purpose of that catheter was?
  13   A. That was just to check the pressures and to check
  14     everything was as they had presumed when he was tiny,
  15     just to check that the right, suitable operation, we
  16     presumed, would be carried out to check the type of
  17     operation needed.
  18   Q. Could I have a look on my screen, please, at medical
  19     record 1988/88.
  20        That is part of a consent form. I am not showing
  21     you the whole, but it is a consent form which starts:
  22        "Consent by parent or guardian, BCH hospital.
  23     Patient's name in full, Ryan Batt."
  24        His address is given, and then, "I, Julian Batt",
  25     and then the address, "the father of Ryan, consents to
0069
   1     the submission of my son", and that is the point at
   2     which the record you can see is picked up, and the
   3     consent form then sets out the nature of the procedure,
   4     sets out what is being required by way of consent, and
   5     then it is signed, I think, by your partner Julian?
   6   A. Yes, that is right.
   7   Q. Miss House, were you there when that consent form was
   8     signed?
   9   A. Yes, and I can remember, we were discussing who was
  10     going to sign it. It could only be one of us, so Julian
  11     did it, but we both wanted to.
  12   Q. The signature of the physician or surgeon who says that
  13     he has confirmed he explained to the patient's parents
  14     or guardian the nature and purpose of the operation is
  15     indecipherable. Can you recollect who explained to
  16     procedure to you?
  17   A. No, I cannot.
  18   Q. Was it Dr Joffe?
  19   A. I presume, yes, because until that point, that is the
  20     only person I think I had been in contact with.
  21   Q. It may perhaps have been someone else?
  22   A. It could have been. That does not look like "Joffe" to
  23     me.
  24   Q. At any rate, the cardiac catheterisation procedure, its
  25     purpose was explained to you and it took place?
0070
   1   A. Yes.
   2   Q. If we could see briefly, please, page 46 of medical
   3     record 1988, if you could just scroll up a little, we
   4     can see that on the screen. Do you have that,
   5     Miss House?
   6   A. Yes.
   7   Q. That sets out the diagnosis at the top, the
   8     transposition of the great arteries. It sets out the
   9     history of Ryan's admission for cardiac catheterisation
  10     and the history of what had happened initially with his
  11     treatment.
  12        Moving down to the bottom of the page, the cardiac
  13     catheterisation is performed. Confirms transposition of
  14     the great arteries, and then it says that the findings
  15     were discussed at the joint cardiac surgical meeting,
  16     where it was concluded that Ryan was suitable for
  17     a Senning repair and Mr Wisheart would be asked to see
  18     him in cardiac outpatients on 3rd January 1990.
  19        If we could also see, please, page 48. If you can
  20     just enlarge, first, the top three lines, please, can we
  21     have that on the screen? That is a record of a joint
  22     cardiac surgical meeting, 1st November, and present are
  23     Doctors Jordan, Joffe, Prendiville, Wilde and Hartnell,
  24     but not in fact Mr Wisheart. If you could take that off
  25     the screen, please, and show us the main body of the
0071
   1     text, including the signature at the bottom. Can you
   2     see there again, essentially, much the same thing as has
   3     already been shown to you in the record you have just
   4     seen, the confirmation of the cardiac catheterisation
   5     results, the conclusion that Ryan is suitable for
   6     a Senning repair and that Mr Wisheart will be asked to
   7     see the patient in the cardiac outpatients department to
   8     discuss the operation during the next few months.
   9        There is an annotation at the bottom, "appointment
  10     3/1/90"?
  11   A. Yes.
  12   Q. Did you see Mr Wisheart on 3rd January 1990?
  13   A. Yes, we did.
  14   Q. What did he tell you at that point?
  15   A. First of all, he introduced himself, he wanted to know
  16     what we thought Ryan's problem was, what we had been
  17     told so far. He wanted to allay any misconceptions we
  18     had.
  19   Q. You say he introduced himself. Had you met him on any
  20     previous occasion?
  21   A. I do not think we had. I do not think so.
  22   Q. He started to explain or ask you about what you
  23     understood about Ryan's condition?
  24   A. That is right. So we explained, you know, we thought
  25     the main arteries were around the wrong way and Ryan
0072
   1     would have an operation when he was about 11 months to
   2     repair that.
   3   Q. What did you understand was the purpose of him asking
   4     you those questions?
   5   A. So we were quite clear and so we started from the same
   6     point, that we were not putting truth upon mistruth, if
   7     you see what I mean.
   8   Q. So you explained what you understood about Ryan's
   9     condition?
  10   A. Yes.
  11   Q. What did Mr Wisheart explain to you?
  12   A. He confirmed what we thought was correct and he had
  13     simple transposition, and that there was an operation he
  14     could perform called the Sennings, and it was quite
  15     a successful operation, but he still did say, I think,
  16     there was a 30 per cent chance it could fail.
  17   Q. You say "I think". Is that something you have a clear
  18     recollection of, or is that something that is rather
  19     faint in your mind?
  20   A. Well, I could not decide whether it was 30 or 35 per
  21     cent, but at the time there was a reason for that,
  22     because he would not have survived until -- he would
  23     have survived until he was two years old and to me,
  24     there was no question about him having an operation.
  25   Q. So whether it was 30 or 35 per cent, it made little
0073
   1     difference to you?
   2   A. Whether it was 1 per cent of survival, I would still
   3     have had it done.
   4   Q. Because that was Ryan's only chance of surviving for
   5     about two years?
   6   A. Yes.
   7   Q. So he told you that there was an operation called
   8     a Sennings procedure?
   9   A. Yes.
  10   Q. What did you understand that that procedure would
  11     involve?
  12   A. We understood that it was to redivert the flow within
  13     the heart of the blood, because at the moment it was two
  14     closed circuits and they wanted to divert the oxygenated
  15     to the pumping side.
  16   Q. And that would take place within the heart?
  17   A. Yes.
  18   Q. Did you ask any questions about whether or not
  19     a procedure could take place outside the heart?
  20   A. Yes. We said "Why cannot the aorta and coronary artery
  21     just be swapped over?" because it seemed a lot simpler.
  22     He explained to us there was an operation that could do
  23     that, called the switch, but there were a lot of
  24     problems at the time, because the carotid artery was
  25     severed and it stopped the blood actually going to the
0074
   1     muscle of the heart. At that point, Ryan would have
   2     been too old for that operation.
   3   Q. When you say there were a lot of problems because of the
   4     treatment of the carotid artery, was that something you
   5     understood would be a particular problem in Ryan's case,
   6     or was that a general problem with the development of
   7     the switch operation?
   8   A. We felt that was a general problem in the development of
   9     the switch operation.
  10   Q. Did you discuss how far developed the switch operation
  11     was at that time?
  12   A. I remember discussing it a little bit further, and we
  13     were given the impression that the switch operation
  14     would be -- would, in the future -- well, when it was
  15     developed, it would be carried out on babies that were
  16     very young, and I felt that Mr Wisheart thought that
  17     this would be very traumatic for babies at an early age,
  18     because in two weeks -- I know he was waiting for Ryan
  19     to be strong enough to have his operation and the two
  20     did not add up.
  21   Q. You say Mr Wisheart was telling you the switch operation
  22     was being developed. Did he discuss with you where it
  23     was being developed at the time?
  24   A. He did mention America, but I cannot remember any other
  25     places.
0075
   1   Q. Did he discuss, therefore, whether or not it was being
   2     developed in the UK at the time?
   3   A. I cannot remember if that was said or not.
   4   Q. Can you remember whether there was any discussion of
   5     whether it was being offered in Bristol at the time?
   6   A. I am pretty sure it was not being offered in Bristol at
   7     the time. I think he said that.
   8   Q. Would it come as a surprise to you, therefore,
   9     Miss House, to learn that at that time there had been
  10     approximately 9 arterial switch operations carried out
  11     in Bristol?
  12   A. Yes.
  13   Q. Because your recollection is of Mr Wisheart telling you
  14     it had not yet been developed in Bristol?
  15   A. I had the impression it was not developed in Bristol.
  16   Q. Why do you say you had that impression? Can we just
  17     explore that further?
  18   A. Because I cannot remember him exactly saying it had been
  19     developed in Bristol. It was just a feeling I had.
  20   Q. So is it a fair summary to say you were being told that
  21     the operation was being developed, but it was at an
  22     early stage in its development?
  23   A. Yes. I think so.
  24   Q. And there was a discussion of the fact that that
  25     development was taking place in the USA?
0076
   1   A. I cannot say the development is in the USA. I know
   2     USA was mentioned, but I cannot remember any other
   3     hospitals being mentioned, or any other --
   4   Q. At any rate, you got the impression that Ryan was
   5     considered to be too old for the arterial switch?
   6   A. Yes.
   7   Q. And that therefore, partly because of that, partly
   8     because the switch was at an early stage of development,
   9     a Sennings operation would be the appropriate one?
  10   A. Yes.
  11   Q. You mentioned that it was suggested there would be
  12     a 30 to 35 per cent risk of mortality, even if that was
  13     carried out?
  14   A. That is right, yes.
  15   Q. Was there any discussion of any other risks attached to
  16     the operation?
  17   A. I know at the time we were very aware that even if he
  18     came out of the operation, you know, the recovery time
  19     was very crucial and as the days went on, he would
  20     become stronger, but it was the first few hours that
  21     were very crucial after he had had his operation.
  22   Q. How did Mr Wisheart help you to understand the way in
  23     which this operation would be carried out?
  24   A. He spoke very clearly about it and he drew diagrams to
  25     explain to us, and of course, he allowed us to ask any
0077
   1     questions, so we explored it. I think that is all.
   2   Q. Did you feel that you were being given an adequate
   3     opportunity to understand the nature of the operation?
   4   A. Totally, yes, because it was an atmosphere where you
   5     felt you could ask any questions, whatever question it
   6     was. You did not feel as if you were going to be made
   7     to look kind of silly by asking any questions. I cannot
   8     remember what questions we did ask, but I know we asked
   9     a range of questions.
  10   Q. Just for the sake of the record, Miss House, I asked you
  11     questions based on the suggestion that there had been
  12     some 9 switches carried out at Bristol by the time you
  13     had that conversation?
  14   A. Yes.
  15   Q. That is obviously something the Inquiry will have to
  16     look into fully and we will need to clarify those
  17     figures. We have done a preliminary look through the
  18     records. Whether it was 9 or 8 or some other figure is
  19     a matter which will have to be confirmed later by
  20     detailed investigation.
  21   A. Yes.
  22   Q. So after your meeting with Mr Wisheart, when did you
  23     understand the operation would take place?
  24   A. We were told it would depend on how Ryan developed and
  25     it could be in a couple of weeks or a couple of months;
0078
   1     he did not know. It just depended and we would hear.
   2     But we did not know how we would hear, but it would be
   3     a couple of weeks or a couple of months.
   4   Q. What sort of things would influence the timing of the
   5     surgery?
   6   A. How Ryan was, whether, when he went in for his heart, to
   7     make sure his heart was not enlarging, to check he was
   8     not going into anything with heart failure, that is what
   9     we presumed. It was individual to Ryan, about the
  10     timing of his operation.
  11   Q. Was Ryan's state of health a factor in all of this,
  12     then?
  13   A. Of course. We were told that Mr Wisheart wanted Ryan
  14     to be as strong as possible, and he would leave the
  15     operation until that point, because there comes a point
  16     where the body grows, putting more stress on the heart,
  17     and at that point the operation needs to be done.
  18   Q. Were you given an exact date or provisional date for
  19     the operation?
  20   A. No. We were just told we would be contacted.
  21   Q. If we could look at page 45, please, of the medical
  22     records, on my screen. If we could just enlarge the
  23     text, please. Can we have that on the screen, please?
  24     This is a part enlargement of a letter from Mr Wisheart,
  25     we can see his signature at the end, dated 3rd January
0079
   1     1990, so written on the same day that you saw him in
   2     outpatients. It is a record of the consultation. It is
   3     addressed to Dr Joffe. It says:
   4        "Thank you for asking me to see Ryan, who has
   5     simple transposition and for whom I have advised that
   6     a Senning operation should be carried out. We had the
   7     usual discussion of the potential risks and benefits
   8     involved. They [you and your partner] have accepted
   9     this advice and his name has been placed on the waiting
  10     list in the expectation that it will be done in February
  11     or March before his first birthday, which is in April."
  12        You say you were not given that exact sense of
  13     timing at that particular meeting, but did there come
  14     a time when you were told or notified that the operation
  15     was due to take place?
  16   A. That is right. We had a phone call, from, I believe it
  17     was Mr Wisheart's secretary, asking us to ring the
  18     hospital back and to take Ryan in, I think it was in the
  19     next couple of days.
  20   Q. So when was he taken into hospital?
  21   A. I could not remember the correct date; I thought it was
  22     mid-February at some point. I think it turned out to be
  23     20th February.
  24   Q. I think from the medical records, that is --
  25   A. That is not my recollection. I knew it was
0080
   1     mid-February.
   2   Q. From the medical records, that was the date of the
   3     operation. Would it accord with your recollection if we
   4     said he went into hospital on 16th February?
   5   A. Yes. I thought it was about the 12th, but, yes.
   6   Q. If we could look, please, at medical record 8, page 78,
   7     again, if you could please enlarge it, take it to below
   8     the level of the address. That, again, is a part of the
   9     consent form, signed again by your partner rather than
  10     yourself: it is a consent form to the submission of Ryan
  11     to a course of operative treatment for transposition of
  12     the great arteries. Then the nature and purpose has
  13     been explained to Julian by Mr or Dr, I think the
  14     signature is probably that of Mr Eyers or Dr Eyers. It
  15     is dated 16th February 1990. Were you there when that
  16     consent form was signed?
  17   A. Only one of us could sign the consent form, not both, so
  18     we had a discussion about who was going to sign it. It
  19     was very difficult not to have a name on something like
  20     that, but, yes, we were both there.
  21   Q. Can you tell us who explained to you the nature and
  22     course of operative treatment that was proposed for
  23     Ryan?
  24   A. I can remember Mr Wisheart being there, and also
  25     a discussion with Sally Masey, the paediatric
0081
   1     anaesthetist. I cannot remember anybody else.
   2   Q. So if this was taken by a more junior doctor, you can't
   3     recollect that particular discussion?
   4   A. I cannot recollect that person: I can recollect the
   5     discussion of the consent.
   6   Q. If I could ask you to look at paragraph 11 of your
   7     statement, page 5 of witness 25, paragraph 11, you
   8     mention there that you went into the BRI, Ward 5 and
   9     that you were relieved that Ryan was to have the
  10     operation before his condition weakened. You mentioned
  11     that you had previously signed consent forms at the
  12     consultation in January. You believe you may also have
  13     signed some further forms the day before the operation?
  14   A. Yes.
  15   Q. Would the further forms be the ones we have just looked
  16     at?
  17   A. Yes.
  18   Q. In fact, do you now recollect whether or not you did
  19     sign consent forms at the consultation in January?
  20   A. I think we did. I cannot be 100 per cent sure.
  21     I thought we did.
  22   Q. Just as a matter of detail, we have looked through the
  23     medical records and we have not been able to find any.
  24   A. All right, so we probably did not.
  25   Q. Ryan was taken to the BRI and it must have been the
0082
   1     first time that you had encountered that hospital?
   2   A. Yes. That ward, anyway.
   3   Q. Which ward was he taken to?
   4   A. Ward 5.
   5   Q. What impression did you form, of the ward when you first
   6     saw it?
   7   A. We were taken into the nursery, which is the high
   8     dependency unit for the children. It was very bright.
   9     People were very friendly. I did wonder why there were
  10     so few nurses when in the nursery there were children
  11     that had just come out of the ITU.
  12   Q. But you were seen soon by, you mentioned, Mr Wisheart,
  13     and also Sally Masey, the paediatric anaesthetist?
  14   A. Yes.
  15   Q. What did they explain to you about the operation that
  16     was about to take place?
  17   A. They just reiterated what we had heard before, about the
  18     procedure, open heart surgery, rediverting the flow.
  19     They made us very aware of the different pipes and tubes
  20     Ryan would be attached to, just so that we knew what to
  21     expect. But nothing we heard was new.
  22   Q. The operation took place on 20th February. What
  23     procedure was followed on the day of the operation?
  24     What happened to Ryan?
  25   A. The day of the operation he went back into the ITU -- he
0083
   1     went into the ITU, where he stayed for the next three
   2     and a half weeks.
   3   Q. Before the operation, did you see him? Were you there?
   4   A. We took him down to the anaesthetic room.
   5   Q. Were you there whilst the pre-medication was
   6     administered to him?
   7   A. Yes, we were.
   8   Q. So when you took him down to the anaesthetic room, was
   9     he asleep or still awake?
  10   A. He was awake until he was given a pre-med, I think it
  11     was a mask to give him some sedative, and he went to
  12     sleep.
  13   Q. So when you said goodbye to him, he was asleep?
  14   A. Yes.
  15   Q. What did you do then?
  16   A. Julian's parents were with us, so we wandered around
  17     Bristol. We actually went to the museum. I think we
  18     had a cup of tea in the cafe. We went back to the
  19     hospital when we were told a phone call may come from
  20     the theatre, which I think was about half 2.
  21   Q. You say you wandered around Bristol. Whose suggestion
  22     was it you should go out of the hospital and around
  23     Bristol?
  24   A. Well, I do not think we really wanted to sit in the
  25     hospital. I feel it was our decision.
0084
   1   Q. You mentioned you made a telephone call?
   2   A. Yes. Well, we returned to Ward 5 at the time suggested,
   3     and then they telephoned down to the theatre to check.
   4   Q. What were you told?
   5   A. At that point that he would be a bit longer.
   6   Q. So when did you first have news of how the operation had
   7     gone?
   8   A. I think it was an hour or an hour and a half after we
   9     expected. I mean, as I recollect it now, it might have
  10     been 4 o'clock in the afternoon, but I am not sure.
  11   Q. Where were you at that time?
  12   A. We were back in Ward 5.
  13   Q. In the ward itself?
  14   A. There was a room for coffee and for television, for the
  15     patients, and I think we had a cup of tea there.
  16   Q. Can you just explain to the Panel what arrangements
  17     there were or what facilities there were for parents who
  18     firstly wanted to wait nearby the ward?
  19   A. As I said, there was a tea room where you could make
  20     your own tea and sit at tables, or you could sit in easy
  21     chairs or watch television. There was a much more
  22     private and comfortable room, very small just for one
  23     family, so you could also wait there.
  24   Q. What about arrangements for you to be with Ryan or near
  25     to Ryan whilst he was in ITU?
0085
   1   A. The first night of Ryan's operation, we stayed in a room
   2     very close to Ward 5. I do not know if it was provided
   3     by the Heart Circle, but I think it was specifically for
   4     the parents of babies. After that, we were given a room
   5     in a house on St Michael's Hill for parents.
   6   Q. Do you know who ran or managed that?
   7   A. I think it was the Heart Circle again, yes.
   8   Q. You were describing waiting for the results of the
   9     operation. Who came and told you about how it had gone?
  10   A. Well, when Ryan came back from theatre he was taken
  11     straight to ITU and we were taken into the ITU by
  12     a nurse, to see Ryan, and then Mr Wisheart soon came to
  13     explain how it had gone.
  14   Q. What did he tell you?
  15   A. He said he had found what he presumed he was going to
  16     find, which was simple transposition of the main
  17     arteries. Until he opened up the heart, he was not
  18     going to be sure of that. The Sennings procedure had
  19     been carried out very successfully, but I remember him
  20     saying he was not out of the woods yet. The next
  21     few hours were crucial.
  22   Q. How did the next few hours progress, then?
  23   A. Every minute seemed like a day. Ryan's condition
  24     initially seemed to be going quite well, and then he
  25     would have ups and downs and it was a very traumatic
0086
   1     time.
   2   Q. Were there any particularly serious incidents that you
   3     can, looking back on it, still remember?
   4   A. The main incident which sticks firmly in our minds, we
   5     thought Ryan was going to be out of the ITU in 10 days
   6     and it was about six or seven days, something like
   7     that. We came back to his bed after having something to
   8     eat and Julian noticed the ventilator had actually run
   9     out of water, where the ventilator should always have
  10     water in it. He alerted the nurse who quickly filled it
  11     up, but about 30 seconds later mucus blocked the tube
  12     and he was suffocating.
  13        At that point the anaesthetists arrived and he was
  14     taken back to theatre, because although he had blocked
  15     tubes previously, they managed to sort that out on his
  16     bed, but at this point he had to be taken down to
  17     theatre and a new tube inserted. At this point he had
  18     to be sedated at a higher level. He had gone back many
  19     steps at that point.
  20   Q. Could we look at medical record 8, page 10? If that is
  21     up on your screen, please, that contains at the top the
  22     record of the operation itself, the Senning operation.
  23     It is the brief operation note with Mr Wisheart recorded
  24     as being the surgeon, and then the details of the
  25     surgery performed are set out.
0087
   1        If we could scroll down, please, to the second
   2     half of the record, you see there, dated 20th February,
   3     at 3.00 pm:
   4        "Acute onset of decreased CO, hypoxia and
   5     ventilatory alarm. Presumed sputum in extubatory tube.
   6     Sucked out. Thick secretions. Anaesthetist called."
   7        Then a record of the decreased systolic blood
   8     pressure and the dusky appearance for a few seconds.
   9        If we could go down to the next page, the date
  10     there changes to 21st February:
  11        "Patient bagged and continued attempts to clear
  12     extubatory tube. Ventilator switched by anaesthetist to
  13     servo-C". Then a good recovery is mentioned. "Full
  14     reassurance given to parents."
  15        If we could take it down to the second half of
  16     that page, the date there is the 21st at 6.45, and there
  17     the record is:
  18        "We are a day post Sennings procedure. Unstable.
  19     Blood pressure variable."
  20        A little lower down:
  21        "Checks x-ray, hypoxic episode due to blocked
  22     extubatory tube earlier today."
  23        From that it appears the whole of this incident
  24     may have taken place on the 21st?
  25   A. I am sure they would have had a note there if he had
0088
   1     been taken down to theatre, and it does not say he was
   2     taken down to theatre.
   3   Q. Can I ask you this: this is a record of a particular
   4     episode in which there was an alarm, a problem with the
   5     ventilator, and it says at the top of that page:
   6        "Full reassurance given to parents."
   7        Can you recollect such an episode taking place on
   8     the 21st, the day after the operation?
   9   A. I would not have been able to say it was the 21st, but
  10     I remember often they had to readjust his ventilator.
  11     I can remember at one point they changed the ventilator
  12     for another type, because some ventilators give
  13     a pressure and another gives a volume, and obviously
  14     when his tube was getting blocked and he was getting
  15     a pressure, it was not going in, but if it was giving
  16     a volume, it would.
  17        This is typical of different things that happened,
  18     but this is not the incident that happened when he had
  19     to be taken down to the theatre.
  20   Q. So the incident you remember is approximately six or
  21     seven days later?
  22   A. Yes, because I can remember he was getting so much
  23     better. He had nearly reached his 10 days and at that
  24     point we were expecting him to come out.
  25   Q. So if that was caused because the ventilator had run
0089
   1     out, can you describe to us who was responsible -- ran
   2     out of water, can you describe to us who was responsible
   3     for the water at that time?
   4   A. Filling up of ventilators was a routine task of the
   5     nurses, so it would have been the responsibility of the
   6     nurses, but can I say that all the nurses were totally
   7     dedicated, but at that time they were put into
   8     situations that they were not adequately -- not
   9     trained -- well, I suppose they were not paediatric
  10     nurses, not all them. Some of them were, but not all of
  11     them.
  12   Q. Who in particular was responsible for the maintenance of
  13     the ventilator at that time? Can you recollect?
  14   A. The ITU nurse.
  15   Q. Was she a fully qualified nurse?
  16   A. Yes, she was fully qualified, but she did not have
  17     paediatric training, and I remember, she was -- she had
  18     not had a long experience on ITU.
  19   Q. Could I ask you to look, please, at paragraph 14 of your
  20     statement? That is witness 25/6.
  21        I just want to explore that a little further,
  22     because you have been describing that incident to the
  23     Panel now, and you mentioned there that whilst sitting
  24     at Ryan's bedside, your partner Julian noticed the
  25     ventilator had run out of water, as the nurse, who was
0090
   1     a trainee on the ITU?
   2   A. She was a fully qualified nurse, but she was a trainee.
   3     She was recently on ITU. I remember her saying she had
   4     not been there very long, and these incidents were new
   5     to her.
   6   Q. Can you remember whether anyone was in charge or
   7     supervising her at that point?
   8   A. There was always a senior nurse, but no-one directly
   9     standing next to her. But, yes, there was always
  10     a senior nurse that she could talk to.
  11   Q. That setback or that point at which Ryan was rushed back
  12     into theatre: did that result, as far as you were aware,
  13     in any difference in his condition?
  14   A. At that point, they had to sedate him more heavily, and
  15     obviously, he was more dependent on the ventilator,
  16     because he was more sedated and could not breathe on his
  17     own then, so he was fully dependent on the ventilator,
  18     whereas before he was gradually breathing for himself.
  19   Q. Were there other incidents at that time that alarmed you
  20     about the way in which Ryan's progress or recuperation
  21     was progressing?
  22   A. His general progress, I mean, we realised we were in for
  23     a tough ride, after heart surgery, yes, and the
  24     forefront of our mind, was, yes, this 30 per cent
  25     chance. I presume that was in surgery, but he was still
0091
   1     not out of the woods, but there was one other incident,
   2     but may I say, the nurses were totally dedicated and
   3     always listened to us, but we were by Ryan's bedside
   4     every minute of the day and we could see things that
   5     were happening to him before the monitors brought it
   6     up. When you are there and see the colour of your baby,
   7     the nurse that has just come on cannot get quickly into
   8     that situation like we were. We returned one day to
   9     find Ryan was a dreadfully blue colour, but then looking
  10     around we saw the window open and some of his blankets
  11     had been removed because the nurse thought he was
  12     overheated, because I believe adult patients do get
  13     overheated in heart surgery, and then she suddenly
  14     became very anxious because of his colour, and we said,
  15     "Well, he is cold", and she was very concerned because
  16     she thought there was something wrong with his heart.
  17     That was very traumatic for her as well.
  18   Q. What was done to correct that problem?
  19   A. She called a senior nurse and the senior nurse did say,
  20     "Yes, warm him up quickly, put space blankets" on,
  21     which they did, very thick cotton wool wadding and it
  22     was fine, but it indicated to us she was not totally
  23     au fait with the requirements of babies.
  24   Q. Could we look at medical record 8, page 238? If you
  25     could just enlarge the first line, please, if you could
0092
   1     bring that up on the screen, please, I do not know
   2     whether or not that is legible to you, Miss House?
   3   A. Yes.
   4   Q. What it says there in the middle paragraph, under
   5     "action", is:
   6        "Apply space blanket for hypothermia."
   7   A. Yes.
   8   Q. It may be that is a record of the incident you have just
   9     been describing. Would that confirm or match your
  10     recollection?
  11   A. Possibly, but he did have a very variable temperature.
  12     At one point it could go high or low, so this could be
  13     a record of any of the incidents, but, yes, it does seem
  14     like it.
  15   Q. You were talking about the nursing care that Ryan
  16     received in general, and what was your general
  17     impression?
  18   A. My general impression was that they were wonderful
  19     people, totally dedicated, hard-working, I cannot praise
  20     them enough and to work under such stressful conditions
  21     like that and they were each, you know, particularly
  22     concerned about each baby. Absolutely wonderful.
  23   Q. What impression did you form as to the mix of paediatric
  24     and adult skills amongst the nurses on the ward?
  25   A. I felt that most of the nurses were more relaxed nursing
0093
   1     the adults. Generally, it was the more experienced
   2     nurses that would nurse the babies, so I felt there
   3     was -- yes, they were more -- they had greater
   4     experience in nursing the adults.
   5   Q. You mentioned earlier that they were very dedicated.
   6     What were the demands that were placed upon them by the
   7     conditions in the ward at the time?
   8   A. Well, the routine, any demands placed on nurses in the
   9     ITU situations, it is a very stressful situation, with
  10     emergencies happening quite frequently, and often, when
  11     we went back to visit the nurses, they had changed,
  12     because I think the turnover in ITU is quite high
  13     because of the stress.
  14   Q. Did you form any impression as to the equipment and beds
  15     and general staffing levels in the ward?
  16   A. Yes. The equipment, the ventilator, we were told that
  17     the ideal ventilator was a certain type, I cannot
  18     remember. A cub ventilator came to mind. If they were
  19     lucky they could find one of those but they were not
  20     sure because there was a very short supply, so that
  21     indicated to us there was a short supply of ventilators
  22     when there was a great need, so there must have been
  23     a cost. There were empty beds at the time and we asked
  24     why. They said there were not the nurses that were
  25     needed to look after the patients, so that was why that
0094
   1     particular bed was not being used.
   2   Q. Who was in charge of Ryan's care at that time?
   3   A. Mr Wisheart was always there. He always turned up,
   4     especially if there was a problem, but I feel it was
   5     more the anaesthetist at that point that were in charge
   6     of Ryan's care.
   7   Q. You say Mr Wisheart was there all the time. What do you
   8     mean by that, more precisely?
   9   A. Well, some times we would go to Ryan's bed 9 o'clock in
  10     the morning or 12 o'clock at night and Mr Wisheart would
  11     be there. I was amazed that he could find time to come
  12     in. He had so many other patients, he had his children,
  13     his outpatients and everything else, but especially if
  14     there was any problem, Mr Wisheart would be there, you
  15     know, weeks after he had actually operated on him, to
  16     check on Ryan, to check on us, really, to make sure the
  17     whole family was okay.
  18   Q. So Mr Wisheart was a frequent attender, particularly if
  19     there were any problems?
  20   A. Yes.
  21   Q. But you said the anaesthetist was perhaps more
  22     particularly in charge of Ryan's care?
  23   A. Yes. At that point a lot of the care was about
  24     sedation, so it was the anaesthetist's department and
  25     Sally Masey was in charge, really, of Ryan.
0095
   1   Q. Did you watch or were you present at any discussions
   2     between Mr Wisheart and Dr Masey about how Ryan's care
   3     should be handled?
   4   A. I cannot remember any discussions -- I do not know what
   5     you are implying -- comparing different options. No.
   6     I can remember them being there, and I can remember them
   7     discussing things together.
   8   Q. What sort of impression of the level of collaboration or
   9     teamwork did you form?
  10   A. Totally, I mean, everything that Mr Wisheart would say
  11     would be reiterated by Sally, and the team seemed a very
  12     tight-fitting organisation, really. They were all
  13     speaking the same language, you know, we never heard
  14     a different word from both of them, although I cannot
  15     remember them discussing something together in front of
  16     us.
  17   Q. There were obviously a number of problems that Ryan was
  18     suffering from at this stage?
  19   A. Yes.
  20   Q. Matters such as water retention, kidney problems,
  21     reduced cardiac output?
  22   A. Yes.
  23   Q. Were there any novel approaches that you thought should
  24     be tried to his care?
  25   A. Well, at one point Ryan appeared to have some kind of
0096
   1     kidney failure. He had stopped passing urine after --
   2     it was after his tube had become blocked. To us it
   3     seemed like the system had gone into shock; other
   4     children on the ward had kidney failure. And the
   5     children started to blow up, and it was something that
   6     was a great concern to the staff because once that
   7     happens, their whole system goes into deterioration. We
   8     knew this; we had the feeling we had kind of non-verbal
   9     messages from the nurses that Ryan was in deep trouble
  10     at this point. He had stopped passing urine. There was
  11     nothing further they could do, apart from diuretics,
  12     which were not working. Ryan was getting bigger and
  13     bigger and not passing urine, so we had a friend who was
  14     an acupuncturist, and we asked him what he would
  15     suggest, and he said he could treat him for that.
  16     Mr Wisheart said "I cannot allow the skin to be actually
  17     punctured, but I will discuss it with the rest of the
  18     team". He did discuss it and he allowed our friend to
  19     treat Ryan and within, I suppose, four hours, he started
  20     urinating and he was on the road to recovery.
  21     I remember Mr Wisheart coming round and he was very
  22     pleased with his progress.
  23   Q. You say Mr Wisheart went off to discuss it with other
  24     members of the team?
  25   A. Yes.
0097
   1   Q. Were you able to watch him doing that?
   2   A. No, we were not there.
   3   Q. Does it follow from that, you do not know with whom he
   4     discussed it?
   5   A. No, I do not know with whom he discussed it.
   6   Q. From that, it appears you were obviously very concerned
   7     about how Ryan was progressing?
   8   A. Yes.
   9   Q. What sort of attempts did you make to become involved in
  10     Ryan's care?
  11   A. At every point we wanted to know what drugs were doing
  12     and the levels of the drugs, and whether he would
  13     require more of them, or less of them, and what the
  14     ideal drugs were, and also, the level of the ventilator,
  15     you know, how many breaths per minute, and whether they
  16     expected it to be turned down or up. Every question we
  17     could ask, we were asking.
  18   Q. What sort of response did you get to those questions?
  19   A. I feel in the beginning they were, I think the staff
  20     were very aware, "Do the parents really want to know the
  21     answers?" and as the time went on, when they realised we
  22     did want to know the answers and we were going to get
  23     the answers, they were very forthcoming. In the end,
  24     the nurses were asking us how we felt all the time, as
  25     I am sure they did with other parents, "How do you think
0098
   1     the baby is?", "What do you think ought to be happening
   2     next?"
   3   Q. If they were asking you for your opinion on what you
   4     thought ought to be happening next, what sort of
   5     suggestions for treatment or improvement were you able
   6     to make?
   7   A. One incident comes to mind. Ryan would not settle with
   8     his level of sedation, so I think they were -- they
   9     could not seem to get it right. His heart was either
  10     going too slow and his body was writhing about, they
  11     could not seem to get it right, so I think they were
  12     going down in certain units, I do not know, half a ml,
  13     0.2 of a ml, I did not know. We said, "Why not go down
  14     in 0.05 of a ml?" They said that would not make any
  15     difference. We said "Why not try it? It can't do any
  16     harm". They said they would do that and he responded to
  17     it. He was obviously more sensitive than most babies.
  18   Q. Were you given the opportunity to do more practical
  19     things for Ryan's care as well?
  20   A. Yes, cleaning him, changing nappies. As he got better,
  21     I took more and more care in the nursery, which was
  22     a high dependency unit. It was total care in bathing,
  23     cleaning, changing nappies and feeding. On ITU when he
  24     did not have any tubes, we were feeding him.
  25   Q. If we could look at medical record 8, page 259, if you
0099
   1     could just enlarge, please, the first two columns so we
   2     can get the date clearly from that, this is part of the
   3     nursing care plan you are just about to see. The only
   4     point I would like to take from that is the date. It is
   5     17th March, at the very top there. We see that. If we
   6     could now look at the next page, 260, if you can see at
   7     the bottom of that, if we could have it on screen,
   8     please:
   9        "Communications" is the last line. You see there,
  10     "Mum and Dad helping and doing most of Ryan's care."
  11        Is that an accurate summary of events by about
  12     that time?
  13   A. Yes, because that is --
  14   Q. What was that in response to: out of your desire, or was
  15     there any pressure or need from the other end?
  16   A. I think the nurses read each parent very carefully and
  17     they wanted to become involved with the babies, not to
  18     off-load any work for them, but just because they knew
  19     that was a very important step in the recovery of the
  20     child, if everything had come back to normal as soon as
  21     possible.
  22   Q. You mentioned that after a while Ryan was transferred
  23     out of Intensive Care Unit. At what stage did that
  24     occur?
  25   A. I believe we were on intensive care for three and a half
0100
   1     weeks, so after that. We were taking Ryan at that stage
   2     round in a little buggy and pushing him round. He was
   3     off his ventilator completely, he had a mobile. I have
   4     the photos here in intensive care with a mobile and
   5     bouncing up and down, so he was fit to go into the
   6     nursery.
   7   Q. Where was the nursery?
   8   A. It was right next-door to Ward 5. A room, I do not
   9     know, containing possibly six beds, purely children.
  10   Q. Was there any difference, then, in atmosphere between
  11     the ITU and the nursery?
  12   A. It was a happy place, it was a lot brighter. We did not
  13     have the intensive care, the humming of all the
  14     ventilators, and of course the children could be
  15     children, on their bikes and playing, whatever they
  16     wanted to do.
  17   Q. You have mentioned that the nursing staff were keen to
  18     involve you in Ryan's care?
  19   A. Yes.
  20   Q. Were you offered any other help, practical assistance,
  21     by the hospital?
  22   A. Yes, we met Helen Vegoda before the operation, and then,
  23     during any problem we had on ITU, she would be there.
  24     She was amazing. We never particularly asked for her,
  25     but when we needed her, she was there. She was never
0101
   1     intrusive, she was just so marvellous, and she set up
   2     actual practical help, for instance, I am sure she
   3     organised us staying in the house and the room during
   4     Ryan's stay in hospital.
   5   Q. What other sort of practical matters did she take care
   6     of, or try and help you with?
   7   A. She was always very concerned with our daughter, who at
   8     that point was one year old, making sure she was
   9     adequately cared for. If we said she was fine, she
  10     would rephrase the question to make sure we were not
  11     just saying everything was fine. She was trying to make
  12     sure we had enough money to finance bills; she was
  13     marvellous.
  14   Q. Did you get the impression that if you had said you had
  15     been in financial difficulty that there was anything
  16     practical she could have done about that?
  17   A. Yes. There was a fund which she could give to us. At
  18     the time it was œ50 for everyone, just a payment. That
  19     was money that had been given to the Heart Circle,
  20     I presume, and in the end she did give us this money,
  21     although we were saying other people could have it, but
  22     she was insistent. I am sure if he we had a bill for
  23     œ200, she would have sorted something or written to the
  24     people saying why we could not pay it at that time. She
  25     was very, very good.
0102
   1   Q. So she had access to a fund which you understood was
   2     donated, provided by the Heart Circle?
   3   A. Yes.
   4   Q. You have described in general the nursing care that you
   5     were offered, and given high praise of it?
   6   A. Yes.
   7   Q. Were you aware of any pressures upon the nurses in terms
   8     of the time that they had available to care for the
   9     patients at the time?
  10   A. It was not obvious that they had pressure on them when
  11     we were -- you know, they were very calm people; they
  12     never said, you know, it is time for me to be off now,
  13     but at the time I know the nurses were attending
  14     counselling meetings because of the stressful conditions
  15     they were under and this was newly being set up and it
  16     was being discussed who was going to go to this meeting
  17     and what the meetings were like.
  18   Q. What stressful things were causing difficulties for them
  19     at the time?
  20   A. Well, obviously every incident which happened, every
  21     emergency incident, can never be planned for, and of
  22     course this is stressful. Obviously, all the people in
  23     there were very, very ill, otherwise they would not be
  24     there, and people died. People regularly died. No
  25     matter how many years you worked there, you can never
0103
   1     get used to that, I am sure you cannot.
   2   Q. If we can look, please, at medical record 8, page 269.
   3     If I could ask you to enlarge the first part of that, to
   4     get the date, and the nursing care plan heading, please;
   5     that again just gives you the date of the record,
   6     Miss House. If we could have the next page, page 70,
   7     please, again, if you look down towards the bottom of
   8     that page to the heading "Communicating":
   9        "Parents talking and playing with Ryan. He is
  10     alert, sleeping mainly after meals. Parents upset by
  11     other happenings in ITU, but happy with Ryan."
  12        Can you tell us a little bit about what sort of
  13     happenings were perhaps being noted in that record?
  14   A. It was a child who had been operated on the same day as
  15     Ryan, a little girl.
  16   Q. What happened? What was it that was upsetting about
  17     that?
  18   A. Well, we had had great fun until then, even when Ryan
  19     was not urinating we were having competitions about who
  20     urinated more and everything was fine, and it seemed
  21     like she was going to win the race and get out first,
  22     and we took it in light heart, which you have to,
  23     otherwise you go completely mad in there. She actually
  24     was -- she had made it, she had got out to the nursery.
  25     Her heart was fine and the parents were elated, and then
0104
   1     she started going downhill and she actually, although
   2     her heart was fine, everything was great, she developed
   3     septicaemia, and at that time, although they took blood,
   4     they could not develop the bugs for about three days and
   5     by that time she was dead.
   6   Q. So that was obviously upsetting for you, for Julian as
   7     well?
   8   A. Yes.
   9   Q. And the nursing staff: how did they react in terms of
  10     morale when this sort of incident took place?
  11   A. Totally devastated, because each of those children was
  12     their child. For a child to go through the operation
  13     she had been through and come out the other side and
  14     then to be killed by something like that was evil,
  15     horrible. You do not think in this day and age we can
  16     succumb to things like that. You think antibiotics,
  17     fine, but it is not the case.
  18   Q. So that sort of thing would obviously affect the morale
  19     of the unit. Were there any other things that you were
  20     aware of as affecting it at the time when you were
  21     there?
  22   A. You are referring to more deaths of babies, I presume?
  23     Yes, there were a lot of deaths, but every child that
  24     went into that unit would have died anyway. You do not
  25     do operations lightly. Ryan would have lived to two
0105
   1     years old. We went in knowing that he could die and we
   2     felt very, very lucky that he had a problem that could
   3     be solved, a skilled surgeon, he was a very tough baby.
   4     We did things like got our friend to give him
   5     acupuncture; we fed him garlic for an antibiotic. We
   6     gave him garlic to improve his bacteria, yoghurt and all
   7     sorts of things, cod liver oil, everything. We felt we
   8     had to fight to make him survive as much as any other
   9     professional there, and of course, we expected Ryan to
  10     die any minute, and babies died. I mean, that was it.
  11     The nurses did not get used to it, no. But I did not
  12     feel it was any worse than it usually is, or anything
  13     like that.
  14   Q. You have described the nurses and the help and
  15     assistance they were giving Ryan. I think it is fair to
  16     say that you became friends with some of them over the
  17     period of the four weeks or so?
  18   A. At that time, yes, you become intensively friendly with
  19     these people. You feel you have known them all your
  20     life. Now we have left I forget their names and feel
  21     dreadful, because at the time intense emotional bonds
  22     build up, yes.
  23   Q. Did you have a chance to meet and chat with any other
  24     support staff on the ward?
  25   A. Helen Vegoda. We were always chatting to different
0106
   1     types of staff, chatted to the cleaners a lot, who were
   2     brilliant, but, no.
   3   Q. Can you tell us a little bit more about the cleaning
   4     staff, because I think you did have one particular
   5     cleaner you used to talk to a little bit more?
   6   A. We had one cleaner who was there a long time, she was
   7     wonderful. She was rather upset because the cleaning
   8     contract had been privatised and they were the same
   9     people but they were not allowed to talk to the
  10     patients, they had to clean from there to there, they
  11     were reprimanded if they were talking and she felt that
  12     had taken something away from the patients. They had to
  13     clean up at a particular time, and she was concerned
  14     that the IT unit was not as well cleaned as it had been
  15     previously, but she had allotted times and it did not
  16     matter if a new patient was put into that bed space, she
  17     was not allowed to clean because she might have cleaned
  18     10 minutes previously.
  19   Q. So you repeated a concern she expressed to you?
  20   A. She expressed this concern to us, yes.
  21   Q. That was not something you were in a position to comment
  22     upon or judge?
  23   A. No, I cannot go into that because I do not know, but it
  24     was just on our conversations with her, because we
  25     became quite friendly with her.
0107
   1   Q. You have described Ryan's progress, his recovery from
   2     ITU to the nursery ward on the side. Did there come
   3     a time when you were able to take him home?
   4   A. Yes, we took him home. I think he was in the nursery
   5     for about a week. So five weeks in all, from the time
   6     he came in, I believe, we took Ryan home.
   7   Q. Did you remain in contact with the Bristol Children's
   8     Hospital or Mr Wisheart after this?
   9   A. Yes. Well, every time we went back to the Children's
  10     Hospital for check-ups, which I think, I cannot
  11     remember, were every month to start with, we then took
  12     Ryan back to Ward 5 and that is how I know the nurses.
  13     There was a high turnover, because gradually, as the
  14     months went on, there was less nurses we knew, but also
  15     we saw Mr Wisheart again, yes.
  16   Q. I think you have remained in contact sporadically with
  17     him since then?
  18   A. I found a letter the other day thanking the children
  19     from Mr Wisheart, because we went to a meeting in 1993,
  20     I found from the records, when he was talking at our
  21     Health Centre, and we introduced ourselves and said
  22     "This is Ryan, isn't he tough, isn't he well", and then
  23     the children sent him a picture shortly after that, and
  24     he wrote a note saying thankyou.
  25   Q. If we could look at medical record 8, page 61, if you
0108
   1     could just scroll it up so the address is not visible,
   2     please, is that the letter which was sent to Mr Wisheart
   3     after the talk we have just been describing?
   4   A. That is right. The reason for sending that letter was
   5     that Megan, our daughter, had drawn a card and
   6     a picture.
   7   Q. If we look, please, at page 60, again, could you scroll
   8     it up so the address is not visible? Then put it on the
   9     screen, please. I think that must be the letter and
  10     a copy of the letter that Mr Wisheart wrote to you?
  11   A. That is right, yes.
  12   Q. I think it follows from what you have been telling the
  13     Panel today that the impression you formed of the care
  14     that was given to you, or given Ryan whilst at the Royal
  15     Infirmary, was a very high standard?
  16   A. Yes, it was a very high standard, but, although saying
  17     that we felt it was our place to make sure it was a high
  18     standard as well. Not that it changed, not that it got
  19     to a higher standard because of us, but we wanted to be
  20     involved in that, and we felt happy being involved in
  21     that. But it was a very high standard at every stage,
  22     and every baby is different and these people are
  23     responding to different situations, every baby with
  24     a simple transposition is slightly different and does
  25     different things.
0109
   1   Q. If I can press you on that a little bit, you have seen
   2     in the records, and you have described yourself,
   3     incidents during which things did go wrong?
   4   A. Yes.
   5   Q. How did you see that impact on your judgment about the
   6     care that was offered to Ryan at that time?
   7   A. Things are bound to go wrong, for the reasons I have
   8     just stated, that everything human being is different
   9     and reacts differently. Ryan reacted most strangely to
  10     the drugs that another baby would have reacted perfectly
  11     okay to. I know at one point there was great discussion
  12     because the actual drugs he was on, I am not sure
  13     whether they were opiate based drugs, he just did not
  14     respond at all. Then they changed the drugs and he was
  15     fine, but that was very unexpected as well. It is more
  16     of an art than a science, when it comes to this stage,
  17     I think.
  18   Q. I think you have brought some photographs you wanted to
  19     show to the Panel and then put into the record. Can
  20     I just ask you, before you leave the microphone, the
  21     captions on the photographs, when were they added?
  22   A. The captions on the photographs, I have taken a few out
  23     of the album. I actually wrote them last night.
  24     I wanted to give an indication of what happened at
  25     Southmead in what was about the first week of his heart
0110
   1     operation, so they are not accurate.
   2   Q. I think it is right they are simply factual statements
   3     as to where Ryan was at any one time?
   4   A. Yes, a date and where he was, and that was it.
   5   THE CHAIRMAN: Miss Grey, if there is a description, it will
   6     be picked up on the microphone.
   7   A. That is Ryan at Southmead just after he was born.
   8     I thought he was a healthy, fat baby.
   9        Then a few hours later, all wired up.
  10        Still there. This is when he had just come back
  11     from the Children's.
  12        Then we leap to February 1990, just before Ryan
  13     had his operation: quite a high colour, but he is okay,
  14     as long as he did not get cold.
  15        Then soon after surgery. Heart drain still in.
  16     Heart drain is out. I presume it is about two weeks
  17     after surgery. Starting to blow up.
  18        Just on oxygen then.  He is okay. This is in the
  19     ITU as well. He 'escaped' into the nursery, and all the
  20     nurses were like that (indicating); it is like they were
  21     their own children. They were brilliant.
  22        That is just an example of care. That is Megan,
  23     the physiotherapist and a play-leader or something.
  24   MISS GREY: Thank you. I have asked a certain number of
  25     questions. Is there anything else you would like to
0111
   1     feel or draw out of what has been said to the Panel
   2     already today?
   3   A. Just that I feel the doctors worked with very, very sick
   4     babies, all of whom would have died in very difficult
   5     circumstances and there has naturally been so much media
   6     concern with this case and a lot of it is very untrue,
   7     and I just hope you have the courage in your hearts to
   8     get the truth, and not to find just what the public want
   9     to hear. Because there is a lot of -- thousands of
  10     babies and adults out there that would not be here.
  11   MISS GREY: Thank you, Miss House. Do the Panel have any
  12     questions?
  13             Examined by THE PANEL:
  14   PROFESSOR JARMAN: Was there an occasion when a nurse who
  15     had been on the ward also came back at night-time
  16     wearing a different uniform?
  17   A. Yes. They did tend to have different uniforms, but one
  18     night it was a different uniform again, so in our usual
  19     way, we said, "Why have you got a different uniform
  20     on?" She said "I am actually employed as an agency
  21     nurse, not by the NHS". We said "Why is that?" She
  22     said "I can do the next shift as an agency nurse,
  23     whereas I would not be allowed to do that as an NHS
  24     nurse". Because she was an agency nurse, she was
  25     suddenly a different person. We felt this was too much
0112
   1     of a strain on these people, but, yes.
   2   THE CHAIRMAN: I have one question, if I may. You were
   3     moving about in the first days after Ryan's birth. Who
   4     was looking after you? Do you think the care you were
   5     receiving was appropriate, since you were pretty
   6     important to Ryan?
   7   A. That is why I think the nurses were getting very
   8     agitated with me, because I did not really want care at
   9     that time; I just wanted to see to Ryan. You know, they
  10     would have loved me to have lain down in a bed and just
  11     said, "Oh, yes, I feel awful", but I was not going to do
  12     that. So all credit to them. I was an awful patient.
  13     They tried desperately, they tried to get angry with me,
  14     to do everything, but I would not sit still. I think
  15     the adrenalin was too much. I think if you have just
  16     had a child, you just want to be with them.
  17   THE CHAIRMAN: Thank you. Is there any re-examination?
  18            Re-examined by MR SHARP:
  19   MR SHARP: One or two matters, please.
  20        Just picking up on that last point, when you were
  21     at Southmead and it was apparent there was a problem,
  22     your statement reads as if you felt that you were really
  23     abandoned to some extent by the nursing and medical
  24     staff there, while they concentrated on Ryan. Did you
  25     feel there was any alternative approach that could have
0113
   1     been adopted?
   2   A. In hindsight, yes, but at the time, I did not know what
   3     to expect, but once Ryan had had his operation in Ward 5
   4     and we met people like Helen Vegoda, we thought, "Why
   5     couldn't you have been there in Southmead", because that
   6     is when we desperately needed somebody, but at the time,
   7     we just thought, we accepted it, "That is how things
   8     are; they have to deal with the baby and they do not
   9     have time for us".
  10   Q. So once you got to the BRI, you found that there were
  11     support systems which automatically cut in?
  12   A. Yes, magically cut in, I would say, because I do not
  13     know whether anybody asked for Helen Vegoda to come up
  14     to Ward 5 when we particularly needed her. We did not
  15     ask for her, but she would be there, a great support.
  16   Q. Whilst you were in the BMH --
  17   A. Back a few months earlier, yes.
  18   Q. -- was there any consideration of you needing support as
  19     opposed to medical attention?
  20   A. No, it was just medical attention. They were just
  21     thinking, "This woman has just had a baby, she should
  22     not be running about", but no, it was not support, it
  23     was more medical attention they desperately wanted me to
  24     have, but I was not having it.
  25   Q. Secondly, you have dealt with the question of the
0114
   1     accommodation that was provided for you whilst Ryan was
   2     undergoing his operation?
   3   A. Yes.
   4   Q. And you told us that you were provided with a room?
   5   A. Yes.
   6   Q. Nearby?
   7   A. Yes.
   8   Q. For one night, two nights?
   9   A. Yes, that room was specifically kept for parents of
  10     children that had recently had heart surgery -- well
  11     that had heart surgery that day. We were lucky enough
  12     to stay in the room a couple of days. I presume there
  13     were no other parents that needed it. It was better
  14     than my bedroom at home. It was really wonderful. You
  15     would never have imagined you were in hospital, there
  16     were pictures on the wall, very comfortable.
  17   Q. You have described a waiting room for parents which was
  18     a reasonable size?
  19   A. Yes, it was a cosy room. I would say it was small, but
  20     it felt nicer in that way because it was designed for
  21     one family. I think there were a couple of cosy chairs,
  22     the lighting was soft, pictures, nice wallpaper.
  23   Q. So that was the quiet room?
  24   A. Yes, the quiet room.
  25   Q. There was another bigger room?
0115
   1   A. Then there was the actual patients', I suppose,
   2     patients-come-visitors room with a television, easy
   3     chairs, a kitchen area.
   4   Q. So in terms of provision for you while you are waiting
   5     for your child to undergo the operation, did you feel
   6     that the provision was adequate?
   7   A. Yes. Yes. It was adequate. I mean, they could not
   8     make it any easier while waiting for an operation,
   9     I should think. I felt happier going out of the
  10     hospital, really.
  11   Q. Can I turn to the question of Ward 5? Ward 5 is a mixed
  12     ward?
  13   A. Yes.
  14   Q. You have described the nursery off the main ward where
  15     the children could be children?
  16   A. Yes.
  17   Q. But being a mixed ward, you know that Ward 5 had adults?
  18   A. Yes.
  19   Q. There have been observations by other witnesses about
  20     how that worked. What was your perception of the
  21     consequences of having a mixed ward?
  22   A. I felt -- well, I know that the adults actually, when
  23     they came round, were very distressed to see the
  24     babies. I have heard other witnesses say they felt the
  25     other way round, seeing the adults there, but I know
0116
   1     a couple of adults, they were very upset to see the
   2     babies there. I suppose it just brought it home to
   3     them. They realised what pain and agonies they were
   4     going through and how frightened they were. They saw
   5     the babies and they thought -- they could relate to that
   6     and it really upset them. That is the reservations
   7     I would have, as well as, obviously, the specialist
   8     nursing and the different conditions required, but
   9     emotionally, the adults were upset to see the babies.
  10   MR SHARP: Thank you.
  11   THE CHAIRMAN: Thank you, Miss House, for coming to talk to
  12     us and sharing Ryan's story with us. It is
  13     particularly, I think, pleasing to see that Ryan is able
  14     to see his mother talking to us.
  15   MISS HOUSE: That is right. He is very interested. He did
  16     not know much about it in those days.
  17   THE CHAIRMAN: So we are all very grateful. We know that we
  18     will be here for some time, so if there is anything else
  19     you wish to tell us, in whatever form, please feel free
  20     and know that you can do so at any time. For today,
  21     thank you very much indeed.
  22   THE WITNESS: Thank you.
  23            (The witness withdrew)
  24   MR LANGSTAFF: Sir, after yesterday's longer day than anyone
  25     had anticipated, it is perhaps fortuitous that we should
0117
   1     finish today rather earlier than anyone had anticipated,
   2     and in a sense, the early finish marks the move from
   3     Block 1 of the evidence in which, as you have seen,
   4     representatives of parents with very different
   5     perspectives have told us of their views and
   6     experiences.
   7        Tomorrow we move away from parents, although
   8     remembering as I indicated in my opening that parents
   9     are always in the background and essentially that is
  10     what this whole Inquiry is about, we move to look at the
  11     national context in which the care at Bristol was
  12     provided.
  13        We shall hear from three doctors, Dr Swanton, who
  14     will speak to us on behalf of the British Cardiac
  15     Society, Dr Godman, who will talk to us on behalf of the
  16     British Paediatric Cardiac Association, and finally,
  17     Dr Ratcliffe, from the Paediatric Intensive Care
  18     Society. Their evidence will relate to those societies,
  19     their views, and will give us something of the history
  20     over the 12 year period which this Inquiry spans.
  21   THE CHAIRMAN: Thank you. I am very grateful, Mr Langstaff,
  22     so we will reconvene tomorrow morning at 9.30. Thank
  23     you.
  24   (1.00 pm)
  25     (Adjourned until 9.30 am on Thursday, 25th March 1999)
0118
   1
   2
   3
   4
   5
   6                I N D E X
   7
   8
   9     MR DOUGLAS STUART BWYE (sworn)....................... 1
  10     Examined by MR LANGSTAFF............................. 1
  11     Re-examined by MR TRUSTED............................ 53
  12
  13     MISS BELINDA HOUSE (affirmed)........................ 55
  14     Examined by MISS GREY................................ 55
  15     Examined by THE PANEL............................... 112
  16     Re-examined by MR SHARP............................. 113
  17
  

Published by the Bristol Royal Infirmary Inquiry, July 2001
© Crown Copyright 2001