M, a mother, appealed the findings of fact regarding the death of two of her children. The local authority’s case was that the children’s deaths had resulted from induced illness.
A consultant geneticist found that both children had carried a gene variant. Medical expert Dr. Martin expressed his view that the resulting risk of cardiac arrest was 10 percent or less. Medical expert Professor Fleming recommended that sitting judge HHJ Dowse ought not to ignore the possibility that the gene variant may one day be shown to be a possible factor leading to serious illness or death. HHJ Dowse found Dr. Martin’s evidence more compelling, and found that the local authority had shown, on the balance of probabilities, that cardiac-related issues could be ruled out as a cause of death.
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