Attorneys representing the parents of babies who died at the Port of Spain General Hospital's (POSGH) neonatal intensive care unit (NICU) have filed a request under the Freedom of Information Act to get a copy of the North West Regional Health Authority's (NWRHA) internal investigation report into the deaths of the children.

In a letter sent to the NWRHA's attorneys Pollonais, Blanc, de la Bastide & Jacelon on Ju;y 21, Freedom Law Chambers requested a copy of the report along with six related documents. These are copies of all statements taken relative to the investigation(s), copies of letters of appointment given to the investigators, a copy of the terms of reference of the said investigation(s), copies of the terms and conditions of appointment of investigators including the issue of remuneration, a copy of any disciplinary charges that have been preferred against any member of staff from the NWRHA from the POSGH as a result of the findings in the NWRHA’s and/or the PAHO investigation and the death of these babies, whether any disciplinary action will be taken against any member of staff and if so, what is the procedure and timeframe for same. The letter cited an April 14 Newsday article where NWRHA CEO Anthony Blake said there would be full disclosure and transparency on the investigation. "After receiving such public assurances from NWRHA’s CEO, our clients understandably anticipated that the NWRHA would fulfil its commitment to transparency and provide them with prompt access to the internal investigative report as promised.

"However, it said the NWRHA's attorneys declined to release the report in a letter dated June 5. The attorneys said this was due to the several preaction protocol letters sent to the RHA. "Upon receipt of your pre-action protocol letters, the investigation is now being done solely for the purposes of litigation and to allow our client to answer the allegations contained in your letters. Accordingly, on that basis, the investigation report will be a privileged document that will not be disclosed to you.”However, Freedom Law Chambers criticised this move as absurd saying the NWRHA retained a powerful battery of lawyers who would have no doubt been advising it from day one in this matter. "We must therefore assume that when the CEO Mr. Blake gave these assurances that the investigative report would be disclosed, he did so, with proper legal advice."It also argued Blake's statements along with those made by Minister of Health Terrence Deyalsingh assuring transparency created a legitimate expectation on the part of its clients and the public that this investigative report would be disclosed upon completion. Apart from the CEO's public statements, Freedom Law Chambers argued the parents were entitled to the report given the Pan American Health Organization's (PAHO) investigation concluding the infants' deaths were due to nosocomial infection (an infection acquired at hospital). This, it said, qualifies the deaths as an adverse event which, according to the NWRHA's policy entitles the