Family's bid for fresh inquest into death of Victoria Olabode, 12, denied by High Court

A family’s bid for a fresh inquest into the death of a 12 year-old girl has been denied by the High Court. Victoria Olabode, from Rochdale , died at the Royal Manchester Children’s Hospital on July 15, 2019 after suffering a stroke. The ‘highly artistic’ and ‘highly intelligent’ youngster, who had Sickle Cell Disease, was transferred there 13 days earlier. On July 5, three delays after her admission, she suddenly developed a severe headache and began vomiting. She dreamed of becoming a doctor, politician or a singer. Her mother ‘persistently’ asked for a CT scan to be carried out, an inquest into her death was told. But that was not done until July 8, when Victoria suffered a ‘prolonged seizure’. Get MEN Premium now for just £1 HERE – or get involved in our WhatsApp group by clicking HERE . And don’t miss out on our brilliant selection of newsletters HERE. She suffered a second seizure later that day before being admitted to the hospital’s paediatric intensive care unit, where it was found she had suffered an ischaemic brain injury. Victoria was deemed to be brain dead on July 12. Three days later her ventilation was withdrawn and she died. An inquest at Manchester Coroners’ Court concluded in April 2024. Coroner Zak Golombek concluded Victoria died of ‘natural causes’. He highlighted multiple ‘failings’ in her care, including the fact a CT or MRI scan was not carried out on July 5 or 6, when he said it was clear Victoria was displaying ‘serious’ neurological symptoms. But Mr Golombek said that had a scan or scans been carried out at that time, it ‘would not have conclusively confirmed subarachnoid blood’ – a type of stroke caused by bleeding on the surface of the brain – as the CT and MRI scans carried out two days also failed to do so. He said: “I find that there is insufficient evidence to cross the threshold beyond speculation that Victoria’s death would have been avoidable with earlier imaging on July 6, 2019. “On the balance of probabilities, there is insufficient evidence that she would have avoided the terminal event on July 8 which caused her death on July 15. Whilst I have found failures in her care, none of these failures more than minimally contributed to her death on the balance of probabilities.” Police were called to Manchester Coroners’ Court when the hearing had to be temporarily halted amid angry scenes as Mr Golombeck delivered his findings. Victoria’s family challenged his findings and conclusion at a Judicial Review hearing at the High Court. A judge, sitting at Manchester Civil Justice Centre on March 24, was told her loved ones believed the coroner had failed to properly consider expert medical opinions and whether earlier intervention could have prevented her death. Christian Howells, representing the family, said they were seeking the quashing of the record of inquest and the coroner’s written reasons, leading to a fresh inquest. “Although Victoria did indeed die of natural causes, it was in circumstances where there was a culpable human failure that would have made a difference to the outcome, so that death was rendered unnatural,” he said. “No expert in this case said the death was inevitable from July 5 onwards,” he added. “No expert said nothing could have been done to avoid the catastrophic outcome on July 8, from July 5 onwards.” Judge Mrs Justice Hill has now published her written judgement, dismissing all three grounds for appeal. The court was earlier told a ‘central issue’ in the claim was whether ‘the clinical signs warranted a diagnosis of of Posterior Reversible Encephalopathy Syndrome (PRES)’ – neurological condition characterized by headaches, seizures, confusion – ‘regardless of a scan’ and how this would have affected Victoria’s treatment. Mr Howells said radiology was just ‘one piece of the jigsaw’ as he said the coroner ‘fell into error, unreasonably so, in concluding, based on radiology, that no different treatment would have been undertaken’. Mrs Justice Hill said the coroner was ‘to be commended for producing such a concise but detailed judgement which on any view engaged with the key issue of whether scanning should have been ordered in Victoria’s case and whether the failure to do so contributed to her death’. She said although there was agreement that PRES was ‘clinically indicated’, there was ‘no clear agreement among the experts as to whether Victoria was actually suffering from it’ and that even if she was, ‘the link between this and the catastrophic event on 8 July 2019 that led to her death was far from clear’. She said that in her judgement, the coroner ‘did not err in leaving out of account the neurological evidence of an appropriate treatment plan as alleged’, adding: “He considered the potential for an alternative treatment path by which the ultimate outcome could have been avoided. “He properly contextualised the evidence and brought an appropriate focus to bear on the key issues that most clearly, on evidence, might have contributed to Victoria’s death, namely the delays in scanning and the timing of the exchange transfusion.” Mrs Justice Hill concluded there was no ‘legal misdirection’ by coroner Mr Golombek. She said it was ‘clear that very significant efforts have been expended by the medical and legal professionals in trying to assess how Victoria died’. Addressing the family, the judge said: “Although this claim has involved the consideration of incredibly detailed expert evidence, and certain legal principles, the context for the claim is the tragic death of the child. “Victoria died, having suffered a sickle cell crisis, in circumstances where the RCMH has accepted that there were some failings in her care. I reiterate my condolences to the claimant and Victoria’s wider family. “The protracted nature of the legal proceedings in which they have been involved since her death have plainly been very distressing for them.”

Original source: gb