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Maliq'shair.
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the physicians at Sickkids hospital who treated the toddler, as well at the
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similar to adult hair, where circulating cocaine can be found in hair' cocaine
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pregnancy. This discovery (Reference 92) marked the beginning of a new field in the area
of
of
perinatal toxicology, enabling physicians to diagnose exposure to cocaine and other drugs of
abuse in pregnancy, in infancy and childhood.
MDTL
have
pubiished over 90 peer review scientific papers which, in rnany cases, set the standard fcrr this
new field (references 1-93).
During these 25 years we established techniques to be able to measure drugs in small amounts of
hair, as is the case in young children. We were also one of the first laboratory to introduce the
segmental hair analysis, and the first to do so in children, which further revolutionized this test:
Because hair grows at art average pace
whether the individual was exposed to a drug of abuse, but also when.
Over the last 8 years, including the time relevant for this case, we have offered and performed a
large number of different tests in hair, from cocaine to heroin to alcohol.
2) In 1995, scientiits
recetve
established the first ever quality assurance program, whereby all participants
unknown hair samples and measure in them drugs. This has been the only international
process to assess the quality of resuits in laboratories acloss the world'
MDTL has
participated in this process since its inception, and our results have been consistently in
process in
agreement with the Round Robin consensus. Dr Chatterton acknowledges this
his report, but claims that we did not show specific results. Tab
presents our
performance in this test for the year of Maliq's case, ie 2005' It shows very clearly that
further
our measurements of cocaine and its metabolite BZE werc right on the spot. This
addresses
now, we did nto have a case of false positive or false positive result of Cocaine or BZE.
the
reference laboratory. This is especially critical in low and borderline results, where
hair test is near the low quantification iimit of our assays. It is also critical in cases where
end we
there is dispute whether an individual had used the drug(s) in question. For that
have used the American- based "US Drug Testing Laboratory" in Des Plaines lllinois.
(similar to
There was not a single case in which high level of cocaine or BZE in our lab,
those measured in Maliq's hair), was negative or low in the US Drug Testing lab'
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4)
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During the accreditation of our laboratory by OLA, we compared the results of the
ELISA, used in 2005, to the definitive GC-MS. In All 55 samples where ELISA hair
cocaine was higher than2.}nglmg- the GC-MS results were also higher than 2.0ngim1.
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Dr Chatterton argues that the 2-5mg of hair used by us is "too small" a weight to be
tested, because the Society of Hair Testing recommends use of 25-5Omg of hair.
Dr
Chatterton is wrong, as the Society's statement relates to adult hair testing and not for
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children. Over the last 25 years we have developed and validated the use of much smaller
amounts of hair, suitable for analysis of neonates and young children ( see for example
reference 74). Citically, too smail a sample of hair may not have sufficient cocaine to
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measure, and therefore higher amounts of hair may be needed. However, this is not the
case
in Maliq's hair, because cocaine and BZE levels were extremely high. allowing
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Put together, our hair tests conducted on Maliq's hair in August 2005 were highly
tests
as
well
as
abuse and alcohol, have been accepted as evidence in numerous court cases
in Ontario, in
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Both children and adults may have cocaine levels in their trat
db
to passive exposure
(e.g. from people smoking cocaine near them)) rather than from cocaine entering their
bodies. Separating between these two situations is critical and we have spent years of
research to solve this issue.
1)
T
The first way to separate external contamination from true exposure is by washing the
hair.
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In
1992 we showed that in hair contaminated by crack cocaine smoke from the
try
with 3Tcentigrade water 3 times x 5 minutes with shaker, rinsing with warm water,
and dry ovemight at room temperature.
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2)
The second way is to compare cocaine levels toBZE leveis. BZE,the by-product of
cocaine, is produced mostly inside the body. So
very low isvels of BZE- the result is highly likely due to extemal contamination.
According to the Guidelines set in 2004 by the US Substance Abuse and Mental
3
3
Health Services Administration, acknowledging that some BZE can contaminate the
hair externally, if the level of BZE is rnore than 5% of that of cocaine- then it is
highlv unlikely to be an external contamination (Reference 94). These guidelines
were established in adults and it is possible that levels of environmental cocaine
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Maliq's
BZE at 10%. In
case, the BZE levels were very high compared to cocaine levels, precluding
extemal contamination. In all segmental tests done, BZE levels were very high, at
25-200% of cocaine levels. This makes external contamination extremely unlikely.
Moreover, because toddlers breath on average much more rapidly that older children
and adults, what may seem to be 'external contamination" really means that much
more cocaine is taken by their lungs of the toddler and hence becomes a svstemic
exposure, resulting in intemal production of BZE.
In summary, Maliq's very high hair levels of BZE are highly unlikely to be due to
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external comnamination.
3) Dr Chatterton argues that the levels measured in Maliq's hair levels are likely due to
than an hour), Maiiq was intubated for ventilation and could not have vomited. As
important, even if vomit did reach his hair, it cannot be expected to cgntaminate
evenly the-15 cm of length, and it would be washed by our extensive
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less
washing
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procedure described herein. Critically, we sampled Maliq's hair from the back of the
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4)
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Dr Chatterton argues that Maliq's hair levels are "too excessive to be real"- This
ciaim is wrong and misleading, as we encounter numerous patients with hair levels in
this range. Maliq's highest levels were in our laboratory at the "High" fange'
However, above them there is the range of "very high". It all depends of course on the
are misleading.
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5) Dr Chatterton
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argues that,
prolonged time (as he hair test suggests)- he should have had brain damage before
August 2005.I believe that this claim is redundant and frivolous and shows lack of
*,
clinical understanding of this case. First of ali, there are no tests to show that he had
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had normal brain function before August 2005, and there are blatent signs of severe
physical abuse and negiect, old rib and extremity fractures. It is quite possible that
Maliq had sustained brain damage prior to the acute overdose of August 2005. The
mother admitted she had not taken him to see a physician despite deformed arm after
severe abuse. Hence one cannot know in this case how much brain damage the child
had sustairwd prior to August 2005 without the mother bringing him to a physician.
Moreover, in many cases chronic exposure to cocaine does not necessarily equate
with severe brain damage. Last, the phenornenon of "Acute on Chronic" organ
damage
such as the brain, liver and kidney can suffer a catastrophic acute exposure due to the
overall poor status of the chronically- weakened organ (Reference 95). In Maliq's
case- he suffered a catastrophic brain injury from an acute cocaine overdose in
August 2005, which attacked a brain that had seen cocaine chronically for many
months at a lower levels of exposure. Overall, I beiieve that this claim by Dr
Chatterton is unsupported by any ciinical evidence or experience'.
6) Dr Chatterton further
argues that the high leveis of hair cocaine andBZE all over the
25 cm of hair tested in Maliq were originated from a single overdose of cocaine. This
argument contradicts alarge body of scientific evidence. In fact, numerous
experiments
have_
that l-2
life in the
blood is measured in hours, and therefore there is no drug remaining in the blood after
several days to be the source for cocaine accumulation in hair.
The
Casepresented
in
old American
man who
consumed by error a bottle of soft drink laced with very large dose of cocaine that
was intended to be smuggled across the border, The young man had very severe
cocaine toxicity and he eventually died after 21 days. However, during these 21 days,
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his hair showed increased levels of cocaine andBZE which peaked early after the
If Maliq
only one overdose, then his hair cocaine and BZE levels would have peaked and
then sutrsided within the next 2 cm of growth, and we would not have found high
levels over the whole length of 25 cm of hair, representing almost 2 years of life.
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7)
In people who abused cocaine and then stopped- we have clearly shown that their
levels of cocaine subside over the next2-3 cm. (Reference 32). Within medical and
scientific certainty-and based on the available literature, the fact that Maliq had over
15 cm of high levels of cocaine andBZE can be explained only by chronic exposure
to high dose of this dangerous drug. As willbe fuither elucidated below, this is also
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very consistent with the full pediatric clinical toxicology picture of this case.
8)
rnost recent hair, near the scalp, should have had the highest levels of cocaine and
BZE. Close look on Maliq's results reveals the opposite; his hair levels near the skull
were in fact the lowest. As explained above, sweat cocaine would have been washed
by the aggressive washing procedure used in this case.
e)
Dr Chatterton concedes that it takes time for cocaine andBZE to appear in hair due to
its slow growth of hair. Indeed, this is exactly why the levels we encountered cannot
times'
represent the time of the acute overdose in early August 2005, but rather earlier
of hair even after copious washing. His claim is unsupported by scientific evidence,
c__
of
cocaine. However, this test does not intend to stand by itself, and it must be looked in
the overall clinical context of the case. The aim of this section is to put Maliq's hair
results in their clinical context, as I always do in my work as a pediatric toxicologist'
In his report, Dr Chatterton claims that in this case "forensic" test should have been
used. But this, at the time of our involvement, was a ciinical- toxicology test and not
a I
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forensic test, and we employed the best clinical toxicological test available to us,
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Here is the clinical context:
A woman brings her son to the emergency department after lam with severe and
intractable seizures, claiming she is not aware of any previous problems. The
emergency team notices that the toddler has a deformed hand, which reflects an
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untreated fracture several months earlier. The mother admits she had not taken her
son to the doctor for
this. When the child is fighting for his life, it becomes apparent
that he has multiple broken ribs, numerous old fractures and many skin lesions
consistent with chronic trauma due to extreme abuse. Critically, a serious overdose of
cocaine is uncovered. The child was exposed to an overdose of cocaine in the middle
of the night.
experts. The old fractures and different levels of wound healing prove beyond doubt
",
that this is chronic and repeated child abuse and not a single event.
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The segmental hair analysis shows that the hair contains high levels of cocaine and its
metaboiize BZE over manv months. This is consistent with, and matches the chronic
nature of the proven abuse. These findings have been accepted by experts in the field
and accepted by a leading pediatric scientific journal (Reference 45). Acute, one time
exposure to cocaine, cannot explain the hair test results and was never shown to be
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evidence indicate at very high medical probability that the toddler was exposed to
;
ResPecttullY submitted
f,
fiiiHfff:r,*?-llffiFAcMr
it;T.'rt3lrtlli:'fi"?:r5ilu*u.ology,
Univeristy of Toronto
;ff:fr:il1*H$'#':'elvsiotoevandPharmacologv'andPediatrics
Ivey Chair in Molecular Toxicology
References:
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Pediatr Clin
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