My name is Vanessa Wainwright, and I am humbly seeking help from the community to challenge the New South Wales Coroner’s recent decision to:
(1) change the cause of death of my spouse Lindsey Day to Coronary Artery Disease even though there is no evidence he suffered a heart attack; and
(2) cancel a previously promised public inquest into his cause of death, which was to have been held in open court.
Lindsey suffered a cardiac arrest which, to date, remains unexplained. A cardiac arrest is not the same thing as a heart attack. See Heart Attack or Sudden Cardiac Arrest: How Are They Different?
Lindsey was a previously healthy 39 year old man who passed away suddenly and unexpectedly in May 2018, after receiving FluQuadri and Boostrix vaccines. He suffered a grand mal seizure and stopped breathing only 44 hours post vaccination, before going into cardiac arrest, and never regained consciousness.
At the hospital, a CT brain scan was performed on Lindsey with the results stating “diffuse cerebral oedema”, and quoted by the medical team as a “catastrophic brain injury”, none like they have seen before in such a short time frame. This was 4-5 hours after the grand mal seizure. See the detailed timeline of events.
Section 6 (1) (e) of the New South Wales Coroners Act 2009 provides:
For the purposes of this Act, a person’s death is a reportable death if the death occurs in any of the following circumstances — the person died in circumstances where the person’s death was not the reasonably expected outcome of a health-related procedure carried out in relation to the person.
In changing the cause of death, the Coroner failed to give due consideration to critical neurological evidence as a possible trigger for Lindsey’s cardiac arrest, and afforded undue weight to the findings of a NSW Health expert panel, which was not independent, and which was convened in direct response to a September 2018 media report featuring Lindsey’s story.
I will be seeking a public inquest into Lindsey’s cause of death because he deserves to have the correct cause of death recorded. Unfortunately, this will not come cheaply.
An inquest is a public court hearing where the Coroner considers evidence to determine the identity of the deceased and the date, place, manner and cause of death of the deceased. Please go to New South Wales Coroner’s Court for further information.
Lindsey was my best friend, soul-mate, and love of my life. He was also a father of one, and step-father of my two children. He was an all-round nice guy and hard worker who would do anything for anyone, and had a special special bond with my autistic son. His sudden, inexplicable death has left me and my family devastated, both emotionally and financially.
As a family we will continue to fight until we have answers for him, however there is no question that this is a classic David and Goliath battle.
With your help, we will obtain justice for Lindsey. All donations, big or small, will be gratefully received, and we will provide regular updates as new information comes to hand. Funds raised will go towards the cost of multiple expert reports, solicitor fees, and counsel fees.
Thank you from the bottom of my heart.
Vanessa Wainwright xxx
11:00am Lindsey received FluQuadri and Boostrix vaccinations for the impending arrival of our first grandchild. He was fit and well on this day.
07:00am Lindsey went to work. His colleagues reported that he was his usual self.
05:00pm Lindsey started to feel unwell on his way home from work, messaging me at work stating “he was going to go home, walk the dog, have a shower and go to bed” as he had a fever, was suffering all over aches and pains, and had no appetite.
07:00am Lindsey got up to go to work, but was still not feeling well. He took two Codral day-time cold and flu tablets, before walking out to his car. A few minutes later, he returned to the house stating “he was too sick to go to work”, and to “call my boss”.
07:30am Lindsey said “he couldn’t breathe”. Seconds later, he had a massive grand mal seizure (no history of seizures prior) which lasted for a minute or two, also resulting in him being incontinent of urine. I noticed that his right eye was blown (dilated pupil), which, based on my nursing training, indicated that this may be from raised intracranial pressure. As Lindsey wasn’t breathing, I commenced CPR and called to my 21 year old daughter and 24 year old son to call 000 which they did.
07:40am The ambulance arrived, and the paramedics worked on Lindsey for approximately 20 minutes before transporting him to Nepean Hospital by ambulance in ventricular fibrillation (VF) cardiac arrest.
04:22pm A clinical examination found absence of brain stem reflexes, and declaration of brain death was made by the treating team. As Lindsey was an organ donor, suitable organs were removed.
As Lindsey’s treating doctors could not identify the cause of Lindsey’s death, an autopsy was required to be conducted.
The media reported on Lindsey’s story. Click or tap on Family considering legal action after Sydney man’s sudden death
The Deputy State Coroner advised me that Lindsey’s cause of death had been established as Acute Respiratory Distress Syndrome, consistent with the autopsy report.
The Therapeutic Goods Administration (TGA) convened a ‘Causality Assessment Panel’.
I was advised by the Acting Registrar of the State Coroner’s Court, that, based on the new evidence from the NSW Health Expert Review Panel, “the Coroner is likely to amend the cause of death to “Coronary Artery Disease”, with ARDS noted as a significant condition”.
I advised the State Coroner that I disagree with the proposal to change Lindsey’s cause of death to ‘Coronary Artery Disease’.
I was advised by the Acting Registrar of the State Coroner’s Court that “the Coroner has now had a chance to review the issues and concerns you raise” and is of the view that “given your significant concerns, it is appropriate to re-open this matter and to hold an inquest where all the medical evidence can be carefully and fully examined in open court”.
A supplementary report to the coroner by the forensic pathologist who conducted the autopsy noted the presence of both “old and acute ischaemic changes in the heart” which is inconsistent with the original autopsy findings of only “acute ischaemic changes in the heart”, “in the range aged between 12 to 24 hours”.
I was advised by the A/Principal Solicitor, NSW Department of Communities, Justice & Legal, that the State Coroner “is satisfied from the further investigation that Lindsey’s cause of death was a cardiac event and that it is appropriate to dispense with the holding of an inquest into Lindsey’s death under section 25 of the Coroners Act 2009”.