Gas mix-up killed one newborn, injured another
Gas giant BOC has been cleared of wrongdoing after its subcontractor lied on forms saying he'd tested gas lines in a hospital maternity ward, leading to the death of a baby.
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A gas company has been cleared of wrongdoing after oxygen and laughing gas lines were fatally confused at a Sydney hospital leaving one newborn dead and another baby brain damaged.
It leaves a “disobedient” subcontractor, who lied about testing the gas lines, to wear legal responsibility for the dual tragedies.
Industrial company BOC Limited, their subcontractor Christopher Turner and Bankstown-Lidcombe hospital were charged by SafeWork NSW after gas lines were incorrectly crossed over in the operating theatre during upgrades in 2015.
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In mid-2016 a newborn girl needed to be resuscitated after birth, but she was given nitrous oxide instead of oxygen from the medical gas system.
She was left with brain damage, epilepsy and vision loss.
Three weeks later a second newborn, John Ghanem, died after he too was given laughing gas instead of oxygen.
His mother woke from her Caesarian to find out he had not survived.
BOC and their subcontractor were ultimately ordered to stand trial separately in the District Court.
Charges were dropped against the hospital in exchange for them upgrading and changing their practices.
Turner pleaded guilty to failing to comply with a health and safety duty that exposed a person to risk of death, serious injury or illness on the first day of his trial.
But BOC pressed on defending itself separately, pointing the finger at their subcontractor and the hospital’s assistant engineer, Paul Brightwell.
Mr Brightwell is not being prosecuted and has not been found guilty of wrongdoing.
BOC lawyers told Judge Wendy Strathdee their systems were foolproof and the death and injury of the children was the result of dodgy forms submitted by their subcontractor and Mr Brightwell.
Turner, BOC said, had signed documents certifying the gas lines were working correctly while Mr Brightwell certified he’d overseen the tests.
Neither was true.
A spokesperson from BOC acknowledged Thursday’s judgement, saying the company “continues to extend our deepest sympathies to the families involved” but would not comment further.
In a sentencing hearing for Turner on Thursday, prosecutor John Agius SC said the subcontractor had written the line was delivering “100 (per cent)” oxygen.
“It should have been zero or close to zero - the gas in that line, we know, was nitrous oxide,” the prosecutor said.
Mr Brightwell’s evidence in the BOC trial was that he didn’t witness the tests at all - rather Turner handed him filled-out forms with a post-it note that said “sign here” and he did.
Judge Strathdee found BOC’s processes had been “corrupted” by Turner and Mr Brightwell’s actions.
“I do not accept that it was foreseeable for (BOC) to anticipate that two workers performing duties with which they were both familiar, which they had both done before, would lie about what they in fact had done,” she said on Tuesday.
“As such, (BOC) cannot be held responsible for the behaviour of a disobedient worker, Mr Turner, for his conduct which I view as lying.”
She cleared the company on Thursday pending any legal challenge by the prosecutors. Her orders will be finalised on June 1.
Mr Agius, in Turner’s sentencing hearing, called for “deterrence” in the way of a significant fine against the subcontractor and wants him to pay $150,000 for SafeWork’s legal fees.
Turner’s barrister, Patricia Lowson, read an emotional statement from the tradie.
“The defendant has asked me to convey to the court his deepest sorrow and distress that his involvement in the work that led to the serious injury to (the first baby) and the death of baby John Ghanem,” she said.
“He conveys that knowing full well that his heartfelt, deepest apology cannot undo or in any way compensate for the tremendous grief and sorrow felt by their families.”
He will be sentenced on May 8.