Trial over C-section death of teacher Frances Cappuccini collapses

Frances Cappuccini, 30, died shortly after giving birth to her second child in 2012
PA
Paul Cheston28 January 2016

A landmark trial of an NHS Trust and doctor accused of causing the death of a healthy mother undergoing a caesarean operation collapsed today.

Primary schoolteacher Frances Cappuccini, 30, had died shortly after giving birth to her second child in 2012

Maidstone and Tunbridge Wells NHS Trust was accused of corporate manslaughter over her death in the first prosecution of a health service body since the offence was introduced in 2008.

Locum consultant anaesthetist Errol Cornish, 68, was accused of gross negligence manslaughter over his role in the care of the mother-of-two, who died after postnatal surgery at Tunbridge Wells Hospital in Pembury, Kent.

But judge Mr Justice Coulson instructed the jury at Inner London Crown Court to acquit both defendants today, just over two weeks into their trial, having ruled yesterday that they had no case to answer.

In his ruling, which can be reported for the first time today, he praised the Cappuccini family’s “dignity” during the trial and said: “There is no question that Frances Cappuccini should not have died at the trust hospital on October 9.

“It’s inevitable that her family will want to know why she died and hold someone to account.”

But the judge outlined a series of flaws in the prosecution case, including evidence that showed some of locum Dr Cornish’s actions had been “about as far from a gross negligence manslaughter case as it is possible to be”.

He also branded some of the arguments against the trust as “perverse”.

Mrs Cappuccini, who was affectionately called Mrs Coffee by her pupils, was a Year One teacher at Offham Primary School, near West Malling, Kent.

The tragedy left staff “shell shocked” and they closed the small 200-pupil village school for a day to help children come to terms with her death.

The court heard that she had given birth by caesarean section to a boy, Luca, in 2009 with only minor difficulties.

After becoming pregnant for a second time she arrived at Tunbridge Wells Hospital in October 2012 after her waters broke.

It was decided early the following morning that she should undergo another caesarean section, as her labour was not progressing.

As a result, she gave birth to her second son, Giacomo, shortly after.

However, the court heard that, on being returned to the ward, it quickly became clear that she was suffering heavy bleeding.

Surgeons successfully removed sections of placenta that had been mistakenly left inside her uterus and she was placed in the care of Dr Azeez and South African-born Dr Cornish, 68.

But within a few hours she had died after suffering a massive heart attack from a build-up of acid in the body as a result of not being able to breathe.

The trial heard that a second anaesthetist, Dr Nadeem Azeez, 53, was primarily responsible for Mrs Cappuccini’s care, but did not face a trial alongside them because he had returned to his native Pakistan.

John Price, QC, prosecuting, claimed both Azeez, 52, and Dr Cornish had failed to take basic steps to ensure Mrs Cappuccini began to breathe again when they started to bring her round.

Her husband Tom wiped away tears as he listened to details of her death.

He attended court throughout the trial, but was not present as the foreman of the jury of 10 women and two men returned formal not guilty verdicts on the order of the judge.

Mr Justice Coulson told them that he had agreed with arguments from the defence barristers that neither had a case to answer.

He said: “On my direction, as a matter of law, both defendants are not guilty.”

Both Cornish and lawyers representing the Trust had pleaded not guilty and denied all the allegations.

The taxpayer now faces a legal bill of hundreds of thousands of pounds as defence lawyers indicated they may seek to have their costs paid by the Crown Prosecution Service.

In a statement the Trust said its sympathies were with Mrs Cappuccini’s family and “no outcome from these proceedings could bring any consolation to the family”.

It added: “The allegation of corporate manslaughter has been consistently denied by the trust and now also comprehensively rejected by the court.

“The trust regrets that the CPS saw fit to pursue the charge in the first place, given the additions stress this will have caused all involved.”

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