A baby tragically died in Melbourne, Australia after being delivered in a home-birthing pool previously promoted by an online influencer, a coroner has this week ruled.
The findings were released by the Coroners Court of Victoria on Wednesday (6 August), stating clearly that it is 'unlikely' the newborn would have passed away following a hospital birth.
The same judgement was also made in a case whereby the mother had received appropriate midwife support during a home birth.
Ms E, as she's referred to in the legal proceedings, went into labour with her daughter in December 2022.
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Months prior, she'd contacted social media star Emily Lal, who operates as The Authentic Birthkeeper on Instagram, as hires 'freebirth' pools.
On Instagram page, Lal admits to becoming 'disillusioned with the medical system', and holding the 'philosophy' that midwives were 'complicit in, and contributing to, the harm of women'.
As per the latest rulings, after hiring one of Lal's pools, Ms E kept in touch with the influencer 'socially', but did not ask her for any further advice on labour or parenting.
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The mum claimed, however, that she'd requested maintained contact with Lal on the basis of her conducting a 'post-partum visit' after her daughter's birth. Following her labour, Ms E texted Lal to let her know 'I did it'.
She was unable to deliver the placenta until the following morning. This was also around the time that the mum noticed something wrong with her daughter.
Ms E had messaged Lal again, telling her 'We can’t wake her, we aren’t sure if she’s breathing', along with a photo of the baby, whose face had begun turning blue.
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According to the inquest's findings, the influencer didn't see the message for a further 25 minutes.
It was only then that Lal FaceTimed Ms E, and - believing the baby to have died - advised Mrs E and her husband to call for an ambulance.
Responding paramedics noticed that the newborn's heart rate had flatlined, and attempted to revive her with 30 minutes of CPR.
Sadly, Ms E's daughter never awoke.
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The heartbroken mum was subsequently transferred to Mercy Women’s Hospital for treatment.
As part of the rulings this week, forensic pathologist Yeliena Baber found that preventive measures would have been put in place if Ms E had birthed the child in hospital.
"If Baby E was born in hospital and Ms. E had received appropriate antenatal care, it is highly unlikely that Baby E would have died, as she was a healthy baby and her death was caused by the prolonged delivery in a home birthing pool," the coroner's findings continued.
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The medic also noted that care would have been escalated to a hospital if 'it was clear that the baby was in distress', if a midwife had been present for the labour.
She said findings of Rhizobium radiobacter bacteria in Baby E's lung and ear during the autopsy 'raised the issue of whether appropriate guidelines were followed with respect to the use of the plastic birthing pool'.
Catherine Fitzgerald, the coroner at the Court of Victoria also found the child's death to have been preventable, claiming it was 'unlikely to have occurred if the birth occurred in a hospital setting.
She also agreed that if may have been avoided if the 'birth was a planned homebirth with appropriate midwife support'.
"A homebirth is distinguished from a 'freebirth'," Fitzgerald added: "Which is when someone chooses to birth their baby without medical or midwifery assistance.
"The publicly available information regarding water birth … are not directed at women intending to birth at home with no medical assistance or antenatal medical management.
"It is difficult to see how these guidelines could be of practical use in a freebirth where no one with appropriate medical training is involved.
"The single consultation with (Ms. E’s GP) late in the pregnancy provided no real opportunity for education to be given regarding birth options."
The Coroner failed to make any adverse findings against the deceased baby’s parents, or social media star, Lal.
In an Instagram post appearing to respond to the coroner's findings, Lal said: "It’s devastating when a baby dies, regardless of where or how.
"However the difference between how a mother is treated when her baby dies in a sovereign birth at home versus when a baby dies in the system be in hospital or at home with private midwives is so stark.
"I can’t help but feel that the entire coronial process has been used as a stick to punish the mother involved in the death that is being reported in the media and anyone associated with her."
Tyla has contacted Emily Lal for further comment.
If you need support and advice following a pregnancy loss, you can contact the Tommy’s team at [email protected]. You can also call them for free on 0800 014 7800, Monday to Friday, 9am to 5pm.
Rhianna Benson