Tradie Christopher Turner fined $100k over fatal gas mix-up
A subcontractor has been fined $100,000 over a fatal gas mix-up at a Sydney hospital that killed one baby and left another with brain damage, in a case described by the judge as the most tragic he’d seen in more than 40 years.
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A tradie who was responsible for a fatal gas mix-up at a Sydney hospital that killed one baby and left another with severe brain damage has been fined $100,000.
Christopher Turner, 58, of Gwandalan, appeared in Downing Centre District Court on Friday after pleading guilty to failing to comply with a health and safety duty over the incidents in 2016.
Two babies who needed oxygen after being delivered were instead given nitrous oxide, or laughing gas, after Turner had carried out works on piping at Bankstown-Lidcome Hospital.
John Ghanem died in July 2016 and a month earlier Amelia Khan, now 3, suffered severe brain damage in operating theatre 8 at the facility.
The court was told Turner had failed to properly test an oxygen port connected to the theatre despite signing off on a form in July 2015.
One year later, doctors grew suspicious when baby John died and testing on the gas outlets confirmed nitrous oxide was being admitted.
“The outlet labelled oxygen was in fact delivering nitrous oxide – this incorrect connection had been present since its installation,” Judge David Russell on Friday said.
“There were 36 babies born in operating theatre 8 between July 2015 and July 2016. Only two babies – Amelia Khan and John Ghanem – required the administration of oxygen from the wall panel in operating theatre 8 that had been installed by (gas company) BOC and Mr Turner in 2015.”
BOC was later cleared of liability because Turned had lied about the testing and charges against the hospital were dropped due to its good safety record.
The court heard John’s parents had been left shattered by his death, with his father visiting his grave every week and his mother refusing to throw out his clothes.
Khan, who is now also vision impaired, will never be able to walk independently and will unlikely be able to use her hands, meaning she will not be able to eat or go to the toilet alone.
Judge Russell said it was a disaster waiting to happen after the works were carried out.
“Sooner or later, the risk caused by Mr Turner’s breaches of duty was going to cause death or serious injury,” he said.
“Medical personnel in an operating theatre are in an emergency situation when they have to resuscitate a patient and should not have to think twice about administering a gas clearly labelled oxygen.
“Every baby born in operating theatre 8 was put at risk as the need for emergency resuscitation could arise without warning.”
In sentencing Turner, Judge Russell he had never seen such a tragic case in more than 40 years in the law.
“The extent of the harm caused is almost to awful to contemplate,” he said.
“In 43 years as a barrister and then a judge I cannot think of a more tragic case.
“John has lost his life and his parents will live with their grief forever. Amelia Khan has been condemned to a terrible existence.”
Turner was convicted and fined $100,000 for the offence. Half of that money will go to the prosecution team.