A healthcare provider has settled out of court with the family of a Merseyside teenager after one of its nurses turned off her life-saving ventilator system for six minutes.
Joy Osundeko, from St Helens, who was born with Down's Syndrome and had several other complex conditions, died months after the incident which took place at her home in February 2022.
Although Joy survived that incident, her parents Bisi and Mayo Osundeko believe it led to a "major deterioration" in her condition until she passed away four months later aged just 14, reports the Liverpool Echo.
Admission of breach of duty
As part of a civil case led by Hudgell Solicitors, Optima Health and Social Care Ltd, who employed the nurse, admitted to a breach of its duty of care, stating that the ventilator was switched off by accident.
But the company denied that it contributed in any way to Joy's death, and agreed an out-of-court damages settlement with Joy's parents.
That civil action came after Joy's parents said they were shocked to see both criminal and coronial processes end abruptly. The nurse involved had been charged as part of a criminal investigation and a trial was listed, before the Crown Prosecution Service said they would no longer be pursuing the case.
This was followed by further disappointment for the family when a coroner said they would not open an inquest into Joy's death.
Joy's complex medical needs
Joy had lived with complex medical needs for all of her young life. She had Down's Syndrome and pulmonary hypertension, as well as Moya Moya Syndrome, a rare blood vessel condition which causes the major artery taking blood to the brain to become blocked or narrowed.
These conditions meant that she needed oxygen support from birth and could not breathe independently, requiring 24-hour care. From October 2021, that was provided by Optima Health and Social Care Ltd as part of a dedicated care plan.
Joy was to be fully ventilated at all times as she could not breathe independently and required manual ventilation in the event of the ventilator failing.
Staff caring for her were aware that she was extremely vulnerable and were required to be trained in the continuous monitoring of Joy's oxygen saturation levels and management of her airway in case of ventilator failure.
The incident on 15 February 2022
Hudgell Solicitors say care records show that the nurse who switched off the ventilator had recently provided care to Joy on at least three previous occasions prior to the day of the incident, on February 15, 2022.
Mr and Mrs Osundeko say that on that day, two carers arrived at around 8am. After around an hour, Mrs Osundeko says she went into Joy's room to find the ventilator switched off, with Joy clearly unable to breathe.
Speaking through his solicitors, Mr Osundeko said: "I heard Bisi saying 'something is not right, turn on the oxygen and bag her', (use a hand-squeezed bag device to deliver oxygen). I was extremely concerned and so I jumped out of bed at that point.
"It only took me approximately five seconds to jump down the stairs and run to the bed but Joy was already completely lifeless. I grabbed the bag, removed the ventilator from the trachea, and manually provided oxygen to Joy myself.
"The nurse moved out of the way. I kept providing oxygen but Joy was like a baby doll. I was screaming her name. It took almost a minute before Joy started breathing again.
"I looked at the ventilator and saw that it was off. Bisi had to switch everything back on and Joy started to breathe again. When I asked the nurse why it was switched off, she kept saying 'I don't know, I don't know', and that she was 'so sorry'."
Legal claim and aftermath
As part of a legal claim against Optima Health and Social Care Ltd, Hudgell Solicitors alleged that the period of the ventilator being switched off caused "an avoidable period of hypoxia" which led to a step change in Joy's overall condition.
Through its lawyers, the care company has admitted that an "accident occurred", and subsequently admitted breach of duty of care with regards to the ventilator being switched off. However, it has made no admissions as to the incident being the cause of any injury to Joy.
CCTV in Joy's room shows the nurse going through a 10-second process in order to switch off the machine, appearing to twice push and hold a button on the machine, before subsequently pressing the screen before it switches off – making a sound as it shuts down.
The lawyers say there is then a period of almost six-minutes before the machine is switched back on by Mrs Osundeko.
Mr Osundeko said: "To switch it off, a longer process had to be carried out. You have to hold the power button down and then a message would appear on the screen asking whether you wanted to turn the machine off. We simply can't understand how this could have happened."
Joy spent nine days being cared for at Alder Hey Children's Hospital after the incident. Her parents say it caused a 'major deterioration' in her condition until she sadly died four months later.
Joy died on June 13, 2022, after being admitted to hospital as her levels of consciousness had been falling. She fell into unconsciousness and was unable to wake up, having suffered a stroke, causing brain stem death.
In December 2025, the CPS wrote to Mr and Mrs Osundeko stating that, after review, no criminal prosecution would be pursued.
Mr and Mrs Osundeko's legal representatives, Hudgell Solicitors, subsequently wrote to His Majesty's Senior Coroner for Liverpool and Wirral, André Rebello, calling for an inquest to be opened.
That request was rejected, on the basis that four years had passed since Joy died, and due to her being cremated, vital evidence would be missing in respect of the cause of her death.
NMC investigation and family's response
Now, the Nursing and Midwifery Council, which initially placed a condition of practice on the nurse, limiting her to 'non-patient-facing' roles, is investigating the incident, upon the basis that all criminal investigations have now concluded.
Solicitor Maria Repanos, of Hudgell Solicitors, said: "Joy's parents have understandably been left absolutely devastated and today, more than four years on, they still have no explanation as to how and why this happened.
"They naturally want accountability and complete transparency because no reasonable explanation as to how this could have possibly happened has been given.
"They are hopeful that the Nursing and Midwifery Council will ensure that key questions are fully investigated and answered in detail."
Mr and Mrs Osundeko say that despite her complex medical conditions, Joy was able to enjoy attending school and spending time with her brother Joe, her friends and family.
Mrs Osundeko said: "We called her Joy because she brought it into our lives, and her smile could light up any room. She had the most complex health conditions and defied all the odds.
"What happened to her, and to us, was completely unacceptable. We feel completely failed by the system and we will keep fighting for answers as to how this could have happened.
"The pain of losing our daughter is unbearable. It can't be left here."
A statement from Optima Health and Social Care Ltd said: "First and foremost, the management and staff of Optima Health and Social Care would like to express our sympathies to the family of Joy Osundeko, a former service user, who died tragically young aged 14.
"Whilst in our care, on 15 February 2022, Joy's ventilator was mistakenly switched off. Optima asked parents to take Joy immediately to AandE for a full health checkup. This happened the following day. A subsequent MRI scan showed no evidence of lasting injury and Joy was discharged and sent home to continue to be supported by Optima's care team.
"The incident was immediately reported by us to our regulator, the Care Quality Commission (CQC), the local authority safeguarding team and NHS St Helens ICB, one of the main commissioners of our services. It was also the subject of a 3-year long police investigation.
"We have throughout and since cooperated openly, fully and with complete transparency with all external investigations into this incident. No action has been taken against Optima as a result of any of these investigations.
"Joy sadly died on 13 June 2022, some four months after this incident. There is no medical indication as far as we are aware that this incident contributed to, or was in any way, a cause of death. We believe the underlying life-limiting condition Joy had was connected to the cause of death.
"We recognise that no words can lessen the profound loss experienced by Joy's family, and our thoughts remain with them. The circumstances surrounding Joy's death have led us to reflect carefully on every aspect of our practice.
"We will happily talk to any family member or carer of any of our service users who has any concerns relating to this incident and will reassure them that the safety, welfare and safeguarding of all our service users remains, and always will be, our top priority."
An NMC spokesperson said: "We offer our sincere condolences and deepest sympathies to the Osundeko family for the tragic death of their daughter, Joy.
"We are investigating and the nurse is subject to precautionary restrictions on their practice while our enquiries continue. Those restrictions are reviewed regularly to ensure they remain appropriate for public protection.
"As proceedings are ongoing, we are unable to comment further on the case. However, we are committed to progressing our investigation swiftly and will keep the Osundeko family appropriately updated and informed."
