A western Sydney couple is suing The Children's Hospital at Westmead, alleging a medical report written by a forensic paediatrician defamed them.

The lawsuit centers on a report concerning their infant daughter, Oluwatomi, who was born six weeks premature on February 9, 2019. After being discharged on April 19, 2019, Oluwatomi was taken to the hospital's emergency department on May 12 with symptoms consistent with a brain injury. An ultrasound on May 29 noted the "possibility" of a "non-accidental injury."

A CT scan followed, and the case was referred to the hospital's Child Protection Unit. On June 11, a forensic paediatrician prepared a report suggesting Oluwatomi's condition was "highly concerning for a past inflicted (shaking) injury." While the paediatrician stood by her opinion, she acknowledged the injury could have occurred during one of Oluwatomi's hospital stays.

Court documents indicate the reports did not directly accuse the parents of causing the injuries but stated the findings were consistent with a shaking-type injury and required explanation. An investigation by NSW Police's Child Abuse Unit was suspended in June 2019 due to a lack of evidence to ascertain the date and origin of the injuries.

In August 2019, a second report by the paediatrician stated the imaging findings "could be explained by a shaking injury having occurred on 12 May 2019, at the time the symptoms occurred as reported by Oluwatomi's parents." Following this, the Joint Child Protection Response Program determined there was enough evidence to list the parents, Matthew and Olamide Onakoya, as "Persons Causing Harm."

The parents claim this designation significantly harmed their reputation and caused emotional and financial damage. They pursued a review of the decision, submitting a neurosurgeon's opinion that suggested the bleeding in Oluwatomi's MRI scan was older than 28 days, making an injury around the time of the emergency department visit unlikely. They also presented clinical notes from other doctors who raised concerns about possible seizures before the infant's initial discharge.

In July 2021, a review by the Department of Communities and Justice (DCJ) found insufficient grounds to support the original assessment. The Onakoyas were informed in November 2021 that they would be removed from the "Persons Causing Harm" database, with an email stating "insufficient evidence to conclude on the balance of probabilities that you are persons who caused harm to your child" and apologizing for any distress.

The Sydney Children's Hospitals Network, the defendant in the proceedings, denies the report was defamatory but acknowledges it was "capable" of conveying that the parents were under suspicion. The case has faced procedural delays since the parents first filed a statement of claim in 2022. Last week, a Supreme Court decision showed the hospital's defences, including statutory immunity and qualified privilege, would not be struck out before a trial. A trial date has yet to be set.