‘Difficult to imagine a greater loss’ says judge ahead of newborn death inquiry

A judge has said “it is difficult to imagine a greater loss” ahead of a Fatal Accident Inquiry (FAI) into the death of a baby girl who died in hospital in 2017.

Sophia Smith was just 11 days old when she died at the Royal Hospital for Children at Queen Elizabeth University Hospital (QEUH) campus in Glasgow on April 11 2017.

The newborn became ill with an infection similar to MRSA, which developed into sepsis.

In 2020 Sophia’s case was handed over to the Crown Office and Procurator Fiscal Service (COPFS), who earlier this year announced an FAI into her death.

Judge Sheriff Principal Aisha Anwar opened a preliminary hearing on Tuesday morning by expressing her “deepest condolences” to Sophia’s parents Theresa and Matthew Smith.

She told Glasgow Sheriff’s Court: “Before we commence proceedings today, I wish to express my deepest condolences to Mr and Mrs Smith on the tragic loss of their daughter, Sophia Evangelina Smith, who was born on March 31 2017 and died days later on April 11 2017.

“It is difficult to comprehend the pain of a parent who loses a child, indeed it is difficult to imagine a greater loss.”

She added that she had met the parents before the hearing “to put them at ease and to ensure that they are able to fully participate in the inquiry”.

The judge explained that the purpose of the inquiry was “not to apportion blame, but to understand the circumstances which led to baby Sophia’s death, and to identify if there are any lessons which can be learned to prevent future tragedies.

“I appreciate that there will be chapters of evidence that will be difficult for Baby Sophia’s parents, but also difficult for those medical practitioners who sought to treat her.”

She added that said she hoped all parties to the inquiry would “work together to ensure that stressful chapters of evidence are clearly managed, and that the inquiry hears only disputed and relevant evidence”.

Advocate Depute Chris Fyffe KC opened his submissions by offering Sophia’s parents “the Crown’s condolences for the loss of Sophia Evangeline Smith, their baby daughter”.

He said Sophia’s parents would appear as witnesses in the inquiry, but that part of their evidence would be in the form of affidavits, which the crown had prepared for them “on the basis of various statements they have given to police and the Scottish Hospitals Inquiry.”

“The purpose of doing that is not to restrict the Smiths’ evidence,” he explained.

“It’s designed to give them a starting place, and reduce the amount of evidence they have to give regarding matters which are clearly traumatic and upsetting for them.”

Mr Fyffe also reassured the hearing that “the Crown will do what it can to make sure this inquiry is properly focused on the issues which are in dispute”.

He said the “main areas of exploration during the course of the inquiry” would centre on the source of the infection that led to Sophia’s death, and “whether the infection was preventable”.

Mr Fyffe stressed that this would not impact upon the ongoing Scottish Hospitals Inquiry (SHI) into infections in two Scottish hospitals, including QEUH.

The inquiry into Sophia’s death, he explained, would focus on the Neonatal Intensive Care Unit, which, he said was not part of the “new build campus” being examined by the SHI.

Ian Mitchell KC, representing Sophia’s parents, agreed that there was no intention to trespass on the SHI’s remit, but noted that the FAI’s consideration of the “role of the hospital environment” in Sophia’s death may have a “slight impact” on the area being covered by the SHI.

He said: “It’s not intended to trespass on the SHI, but there may be an issue of culture. In other words – what were hygiene standards like in the institution?”

Mr Mitchell also conveyed his client’s thanks to the judge “for taking the time to meet with them this morning, and for the obvious care and sympathy with which the court is approaching that”.

Sheriff Principal Anwar ordered that a continued preliminary hearing should take place in November or December, and reserved provisional dates for the inquiry proper for February 17-28, 2025.

She noted that the anniversary of Sophia’s birth and death fell shortly after these dates and said that if there were any delays to the timetable, “I do not wish to hear submissions during that period”.

Earlier in the same court a preliminary hearing for the FAI into the death of Freya Murphy, who died at the same hospital on June 28 2018, heard that all parties were ready to proceed to the inquiry proper.

Judge Sheriff Divers fixed a further preliminary hearing for October 23, ahead of the FAI, which is due to run from October 28 to November 8 2024.

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