Child M — the Panel finds sepsis or the eustachian valve, not air embolism
The prosecution’s claim: The Crown alleged Child M's collapse was caused by deliberate air embolism injected by Lucy Letby.
Prosecution claim
The Crown alleged Child M's collapse was caused by deliberate air embolism injected by Lucy Letby.
Counter-evidence
The Panel found no evidence of air embolism in Child M. Its conclusion is that the apnoea was caused by sepsis or by the eustachian valve, and that the resuscitation Child M received was suboptimal. The skin discolouration cited at trial as diagnostic of air embolism does not, in any event, match the criteria in the 1989 Lee & Tanswell paper the prosecution relied on — as Dr Shoo Lee, that paper's lead author, has himself stated. Child M was also managed with positive-pressure ventilation and a rebreathing bag during the resuscitation period, routes by which air routinely enters the gastrointestinal tract without anyone injecting it.
Key point: The Panel found no medical evidence of air embolism in Child M. It attributes the apnoea to sepsis or the eustachian valve, and describes the resuscitation as suboptimal.
What the jury heard
The skin discolouration on Child M was described as diagnostic of air embolism. The jury was told this, combined with Letby's presence, was proof of the deliberate-injection mechanism.
What the Panel says
The Panel found no evidence of air embolism in Child M and concludes the apnoea was due to sepsis or the eustachian valve. It also finds that the resuscitation was suboptimal.
What independent experts add
- The Panel's criticism of Child M's resuscitation is a finding about the care given, not about a deliberate act.
- Positive-pressure ventilation and bag ventilation push air into the stomach as a matter of routine; air found afterwards is not evidence that air was injected.
- The Lee & Tanswell 1989 paper, when properly applied, does not match the trial descriptions — see our /evidence/air-embolism entry.
- Our /analysis/baby-m-deep-dive page covers the case in detail.