By Patrick Burles - @PatrickBurles on Twitter

Defence Expert Blames Poorly Equipped Ambulance for Child’s Death

Apr 19, 2016 | 10:54 PM

LETHBRIDGE – The trial of David and Collet Stephan stretched into the evening Tuesday, as the defence called Alberta’s former chief medical examiner to the stand as an expert witness.

The couple faces a charge of failing to provide the necessities of life, for the March, 2012 death of their 18-month old son Ezekiel.

Earlier in the trial, medical examiner Doctor Bamidele Adeagbo testified that he found an infectious process that had severally impacted Ezekiel’s right lung and brain, concluding that he died from bacterial meningitis and a lung infection.

Doctor Anny Sauvageau, a consultant and expert in forensic pathology and asphyxia brought in by the defence, took a very different position during her time on the stand.

She started by explaining that in her opinion, Ezekiel likely had viral meningitis as opposed to the bacterial form, and that the illness was not what killed him. She continued by saying he likely would have survived it with no lasting health issues, had he received proper medical care.

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Sauvageau told the court that after listening to 911 recordings of Ezekiel’s breathing and reviewing the medical reports, she believes a viral infection in his throat created an “obstructive phenomenon”, which stopped his breathing.

She concluded that in her opinion, the cause of death rests on the improperly equipped ambulance that was sent to help Ezekiel. Paramedic Kenneth Cherniawski testified last month that it took several attempts to establish an airway, as the ambulance didn’t have the right equipment for a child Ezekiel’s age.

“On the balance of probability, it is because of the paramedic misadventure,” Sauvageau stated to the jury. She added that if the paramedics had the equipment they needed, Ezekiel likely would have lived. Adeagbo had said the child was most likely brain dead by the time he reached the ambulance.

Another matter she disagreed with Adeagbo on, was the lung infection known as a pleural empyema that he said played a part in the child’s death. Sauvageau testified that it wasn’t on the chest x-ray Ezekiel got in hospital, suggesting that he may have developed the issue after being admitted and while he was on life support. She went on to say that even if he had it earlier, in her opinion it probably wouldn’t be fatal.

As part of Sauvageau’s testimony, she did have to answer questions about her history with Alberta Justice. She acknowledged that after working as the chief medical examiner from 2011 to 2014, her contract was not renewed. She continued that it came after she raised concerns about body transportation services in the province.

As a result, she has filed a $2.1-million lawsuit for wrongful dismissal against the department, which is ongoing.

When asked if it would have any impact on her testimony, Sauvageau responded, “I have nothing against Justice and Solicitor General as a whole,” going on to say, “I will be neutral and impartial.”

The Crown will begin their cross examination of Sauvageau Wednesday morning.

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