The Goudge Inquiry has learned of two disturbing cases in which the Hospital For Sick Children Sexual Abuse And Neglect (SCAN) Team erroneously concluded that short falls could not have caused the child's injuries with the result that two families were exposed to horrifying criminal charges.
The two cases - the Amber case and the Tyrell case - were ten years apart.
Lawyer Peter Wardle, who represents the caregiver and the father of the caregiver in the Amber case and the caregiver in the Tyrell case, was naturally curious when he had Dr. Katy Driver and Dr. Dirk Huyer in the witness box (SCAN Team members at the time) to find out what, if anything, the team had learned over the previous ten years.
After all, the Inquiry has heard evidence that after Ontario Court Judge Patrick Dunn released his decision in Amber's case excoriating the SCAN team for its poor science, the Hospital responded by holding a "damage control" meeting rather than focusing on where the team went wrong and avoiding future tragedies.
(See previous posting: Hospital For Sick Children Sexual Abuse and Neglect Unit: Damage Control and Lost Opportunity);
First the question:
PETER WARDLE: I'm -- I'm well aware that it's a complex issue, but the point I'm making is very simple. In 1988, in Timmins, Dr. Smith, Dr. Barker, Dr. Driver, went up to Court, told the judge certain things about a case, about short falls not being able to cause those kinds of injuries, that turned out to be wrong in retrospect.
DR. DIRK HUYER: Yes.
MR. PETER WARDLE: Ten (10) years later, same people, Dr. Smith, Dr. Mian are involved in this case, somewhat similar features, caregiver giving an explanation of a short fall, and again it appears, in retrospect, that they were wrong and it's -- it's of concern. It has to be of concern to this Commission whether or not the SCAN Team appreciated the lessons that Justice Dunn drew from the Amber Case.
Then the reply:
"DR. DIRK HUYER: And not to reiterate, but I don't think there were specific lessons that he laid out in that case. The diagnosis was incorrect, I
recognize that.
There are some similarities as far as the mechanism of injury, the medicals findings as I've briefly read are not the same exact medical finding.
This is not a uni-lateral significant space occupying lesion where it's a black and white diagnosis, I believe at this state.
And I can only answer to you repetitively that yes, I believe, we at the SCAN program, specifically myself and others that were working there recognize that small falls, short falls could be fatal.
I can tell you that, you can choose to believe that or not believe that, based upon one (1) case that your ari -- you're bringing forward, or not, and I
can't convince you any differently than that, but tell you the facts as I recall them, and -- and the belief that I have."
It is clear from the evidence called at the Inquiry that the SCAN Unit has a bright new Director - Dr. Michelle Shouldice, a witness at the Inquiry - who is determined to learn from the tragic mistakes the SCAN unit and its members made in the past.
That, at least, is some good news.
Harold Levy...hlevy15@gmail.com;