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Abused Lethbridge newborn’s prognosis remains uncertain, court hears

by The Novum Times
24 June 2023
in Canada
Reading Time: 7 mins read
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The Crown prosecutor said the mechanism of the injuries the 6-month-old sustained would have required “more force than an automobile accident”

Published Jun 23, 2023  •  3 minute read

Calgary Courts Centre
The child’s spinal ligaments were severely injured both at the base of her head and further down her back, the Crown prosecutor said. Photo by Gavin Young /Postmedia file

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The prognosis of a Lethbridge newborn abused by her father and neglected by her mother remains uncertain, a court was told Friday.

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The now 6 1/2-month-old was hospitalized from January to April and remains under continued medical care, Crown prosecutor Sue Kendall told a Lethbridge Court of Justice hearing.

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“Her prognosis at this time is uncertain and will only be known as she grows,” Kendall said, reading from a statement of agreed facts signed by the girl’s father and his lawyer, Darcy Shurtz.

The father, who can’t be named to protect the child’s identity, pleaded guilty to charges of aggravated assault and failing to provide the necessaries of life to his daughter, who was seized from the parents on Jan. 18.

Kendall and Shurtz presented a joint submission to Justice Kristin Ailsby to hand the offender a seven-year prison term. The Court of Justice judge will hand down a decision on Aug. 4.

Baby may live with cerebral palsy due to her brain injuries, prosecutor says

Kendall told court the child suffered severe brain, spinal and eye injuries at the hands of her father, 53.

“Doctors do not know if she will be able to see out of her left eye,” Kendall said.

“It is possible … the baby will live with cerebral palsy as a result of her brain injuries.”

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Kendall said the dad was arrested the day after police attended at the parents’ Lethbridge residence and discovered the child in medical distress.

“She had trouble breathing, (had) a twitching hand, fixed gaze and an abrasion on her nose,” the prosecutor said.

The child was transported to Chinook Regional Hospital by ambulance and on the way she had a seizure and her ability to breathe deteriorated.

Staff at the hospital discovered she had a significant brain bleed and the six-week-old was transported to Alberta Children’s Hospital in Calgary by air ambulance.

“Examination and testing confirmed the baby had suffered abusive head trauma with subdural bleeding,” Kendall said.

“The abusive head trauma would have been caused by either blunt force injury or acceleration/deceleration.

“There was significant pressure on the baby’s brain as a result of the injuries and bleeding. Doctors were not certain the baby would survive her injuries when she first arrived at the hospital.”

‘Recovery from these injuries is uncertain’

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Kendall said the child’s spinal ligaments were severely injured both at the base of her head and further down her back.

“There was bleeding around the spinal cord however no signs of injury to the spinal cord itself,” she said.

“The injuries were very severe. Recovery from these injuries is uncertain. Doctors reported that the mechanism of this injury would have required more force than an automobile accident.”

The child also had hemorrhages in both eyes and the retina in her left eye was detached and torn near the optic nerve.

In a victim impact statement, the child’s foster mother indicated the child’s future remains uncertain.

“It is unknown if she will ever crawl or walk. We can only wait as she has made no attempt yet,” the unnamed woman wrote.

Kendall said there was no evidence the child had been sexually abused and withdrew two sex-related charges against the father.

The girl’s mother pleaded guilty last week to failing to provide the necessaries of life and will face a sentencing hearing in August.

KMartin@postmedia.com

On Twitter: @KMartinCourts

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Tags: abusedcourthearsLethbridgenewbornsprognosisremainsuncertain

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