“What you’re saying,” Kennedy mulls, “is that it takes almost twice as long to get the test results back if the baby has the misfortune to be born at the end of the workweek.”
“That’s true, unfortunately.”
I can see the jury perking up, writing down notes, listening intently. Behind me, Edison shifts. Maybe Kennedy is right. Maybe all they need is science.
“Are you aware of a disorder called MCADD?” Kennedy asks.
“Yes. It’s a fatty acid oxidation disorder. Basically, an infant who has it will have trouble breaking down fats, and that means the blood sugar drops to dangerously low levels. It can be managed with early detection—a careful diet, frequent feedings.”
“Let’s say it isn’t detected. What happens?”
“Well, infants who have MCADD have a significant risk of death during the first clinical episode of hypoglycemia—when that blood sugar goes south.”
“What would that look like?”
“They’d be sleepy, logy. Irritable. They wouldn’t nurse well.”
“Let’s say, hypothetically, a baby with undiagnosed, untreated MCADD was about to be circumcised. Is there anything about that procedure that might have exacerbated the disease?”
The pediatrician nods. “Normally there would be fasting after sixA.M., because of the upcoming surgery. For a baby with MCADD, that would lead to low blood sugar—a potential episode of hypoglycemia. Instead, ten percent dextrose would have been given to the baby prior and afterward.”
“You drew blood from Davis Bauer during the code, didn’t you?”
“Yes.”
“Can you tell the jury the results of his blood sugar at that time?” Kennedy asks.
“Twenty.”
“At what level is a newborn considered hypoglycemic?”
“Forty.”
“So Davis Bauer’s blood sugar was dangerously low?”
“Yes.”
“Would it have been enough to cause a child with untreated, undiagnosed MCADD to go into respiratory failure?”
“I can’t say for sure. But it’s possible.”
Kennedy lifts a file. “I’d like to enter this as exhibit forty-two,” she says. “It’s the newborn screening result of Davis Bauer, which was subpoenaed by the defense.”
Odette stands like a shot. “Your Honor, what is this stunt? Defense hasn’t shared this with the prosecution—”
“That’s because I received these results just days ago. They wereconvenientlymissing from the discovery, however, formonths,” Kennedy replies. “Which I could claim as obstruction of justice…”
“Approach.” The judge calls both lawyers to the bench. A machine is turned on so that I cannot hear what they’re saying, and neither can the jury. When they finish, though, it’s after much hand waving and a dark flush on Kennedy’s face. But the record is handed to the clerk to be entered as evidence.
“Dr. Atkins, can you tell us what you’re looking at?” Kennedy asks.
“It’s a newborn screening test result,” the pediatrician says, sifting through the pages. Then she stops. “Oh, my God.”
“Is there any particular finding of interest in the results, Dr. Atkins? The results that didn’t get processed because the state lab was closed all weekend? The results you didn’t receive untilafterthe death of Davis Bauer?”
The pediatrician looks up. “Yes. Davis Bauer screened positive for MCADD.”
—
