Wednesday 1 July 2015

9) That there were “injured nerve fibres in the spinal cord caused by whiplash mechanism”.

9) That there were “injured nerve fibres in the spinal cord caused by whiplash mechanism”. (Crucial for shaken baby). Most definitely against evidence “Justice” Stevens was well aware of. Dr R defence forensic specialist neuropathologist, (trial 432, 435-438) discovered by doing four tests more then Dr S, crown forensic neuropathologist to determine the type of injury; that all confirmed it was due to ischemia (not being operated on soon enough and oxygen deprivation to the tissue). Dr S did one test that confirmed brain tissue death only and was inconclusive as to primary injury or secondary complication. Despite this, Dr K, crown specialist paediatrician pushed it at trial, and the judge accepted it as ‘fact’. Dr S (Trial 430) in falls the damage to the brain can be described as rotational. In relation to the neck to simplify it for people we can describe it as ‘whiplash’, and people would normally associate that with sudden or violent movement of the head in relation to the neck, but in actual fact in a fall the rotational movement of the head on occasion can have a whip-like effect on the neck. In other words so Dr K and judge Stevens could be as dramatic as possible they described the non-existent “inured” nerve fibres in the neck as being caused by whiplash mechanism and Dr K showed a video of a very young baby (doll) being shaken very violently gripped under the armpits and it’s head being thrown back and forth violently, so the jury could have that image as “whiplash”. Dr S, admitted that even with her insistence of her inconclusive test being due to trauma rather than secondary, that Dr R’s finding could well be right (trial 430) and that this ‘injury’ she would accept as being caused by a low level fall regardless. There was no soft tissue injury in the spinal cord (trial 431). She summed up that disregarding the ischaemia in the spinal cord as being due to ‘trauma’ all that is left is a subdural haematoma that she accepts can occur in short falls.

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