The Downey Family: A Liver a Surgeon Saw With His Own Eyes

Arkansas

Newborn Harper Downey survived e. coli, sepsis and emergency bowel surgery to save her life but when a liver injury appeared on a scan the very next morning, hospital staff alleged abuse instead of recognizing a complication of the surgery she had just undergone. The operating surgeon had examined Harper’s liver with his own eyes during surgery and documented it as completely normal; she never left the hospital before the injury was discovered. The family court case has since closed, but Taylor still faces a felony charge and a pending criminal trial; leaving an innocent father under a cloud of suspicion that a fair look at the medical evidence could lift for good.

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Nick Burkes, 14th District Representative, Arkansas House – nick.burkes@arkansashouse.org
Bart Hester, Senator, Arkansas Senate District 33 – bart.hester@senate.ar.gov

Dear Mr. Pryor, I am writing to urge your office to conduct an immediate independent review of the criminal case against Michael and Tasha Patterson (23-1100CF10A and 23-1127CF10A), reassess the continued prosecution, and dismiss all charges. The Patterson family remains subject to child neglect charges despite substantial medical evidence supporting legitimate medical explanations for the children’s injuries. MEDICAL AND EXPERT REVIEW – Thirteen medical experts, including three board-certified child abuse pediatricians. – Dr. Paldeep Atwal, the twins’ treating geneticist, concluded the injuries are consistent with an underlying genetic or connective tissue disorder. – Dr. Jason Schulman, former Medical Director of the Broward County Child Protection Team, found a plausible medical explanation and recommended that the children be returned to their parents. – Dr. Eli Newberger, a pioneer in the field of child abuse pediatrics, concluded this is not abuse or neglect. – Barbara Sharief, a healthcare provider with pediatric experience, publicly stated that this is not a child abuse or neglect matter. – Patt Maney, a former dependency judge, described the case during the 2025 legislative session as a miscarriage of justice. TIMELINE AND ADDITIONAL FACTS – The Pattersons sought frequent medical care before the children were removed, a fact stipulated to by DCF in April 2023. – Fractures were reportedly identified after the children were removed from their custody and while visitation was supervised. – The children stopped sustaining injuries after appropriate preventative care measures were implemented. – Supervised visitation restrictions have continued despite substantial contradictory medical evidence. – There are also serious concerns regarding aspects of the family’s treatment by law enforcement. REQUESTED ACTIONS – A full independent review of the handling of this case – Reassessment of the continued prosecution – Dismissal of all charges against Michael and Tasha Patterson – Investigation into the conduct of the prosecutor assigned to this case – Transparency regarding the updated medical findings provided to your office This case has had devastating consequences for the Patterson family. When extensive expert evidence undermines the original allegations, continued prosecution raises profound concerns about fairness and justice. If your office is willing to discuss these concerns and work toward a just resolution, I ask that Michael and Tasha Patterson’s attorneys be contacted directly. Thank you for your time and consideration. Respectfully, [Your Name]

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Subject – Please Review the Case Against Taylor Downey

Dear [Name],

I am writing to respectfully request that your office review the case of Taylor Downey.

His daughter, Harper, underwent emergency surgery for necrotizing enterocolitis (NEC), a life-threatening complication caused by E. coli sepsis. During the procedure, the operating pediatric surgeon examined Harper’s abdomen and documented that her liver appeared normal. Less than twenty-four hours later, while Harper remained in Arkansas Children’s Hospital’s care, a CT scan revealed a possible Grade II liver laceration that had not been present during surgery. The same imaging also identified potential rib fractures that had not appeared in prior studies, and alleged bruising was first documented only after surgery. An ophthalmology examination found no retinal hemorrhages, the finding most associated with abusive head trauma (AHT). Although the child abuse pediatrician (CAP) agreed with the surgeon that congenital defects were non-traumatic, when a CT scan showed possible fractures and a laceration, the CAP then decided her alleged injuries were consistent with abuse.

Those are not opinions. They are objective findings documented in Harper’s medical records. We are asking that the case receive the careful consideration it deserves.

Despite this timeline, responsibility was placed on Harper’s father, even though every alleged injury occurred while Harper was under the exclusive care of hospital staff. Harper’s siblings were also evaluated and showed no evidence of abuse.

I appreciate your time and careful consideration of this request.

Respectfully,

[Your Name]

[City, State]

The Downey Family Story

It all started with sepsis, not abuse.

Ten-day-old Harper Downey was rushed into emergency surgery at Arkansas Children’s Hospital after E. coli sepsis caused a perforated bowel; a recognized, life-threatening complication in newborns known as necrotizing enterocolitis (NEC). During that July 21st surgery, the operating surgeon directly examined Harper’s abdomen and documented it in his own words:

“We are also able to visualize a normal appearing gallbladder and normal stomach/liver/spleen.”

Her liver was intact; a surgeon saw it with his own eyes, while it was open in front of him. The next morning, a CT scan ordered to investigate elevated liver enzymes found something new: a Grade 2 liver laceration. Harper had not left the hospital. She had not been out of staff custody for a single hour between the surgeon’s direct exam and the scan that found the injury. That same CT also showed rib fractures that hadn’t appeared on any imaging before surgery all the same age, with no bruising anywhere on Harper’s chest despite daily nursing checks.

Eyelid bruising, also absent before surgery, appeared only after her eyes were taped shut for the operation, as is standard for any infant under anesthesia. When ophthalmology examined her two days later, they found no retinal hemorrhages; the single finding doctors rely on most heavily to identify abusive head trauma. Rather than examine its own surgical and post-operative care, the hospital’s child abuse team pointed at Taylor instead even though Harper had been in nursing and surgical staff’s hands for the entire window in which every injury appeared. That conclusion became the basis for a felony domestic battery charge, despite the fact that Harper’s two siblings, examined by the same team, showed no marks, bruises, or fractures of any kind.

Today, Harper is home, and so is her father, but an upcoming criminal trial, already pushed back once, still looms over this family. Taylor carries a felony charge built on an injury that appeared overnight, in a hospital’s own care, while a surgeon’s own eyes had just confirmed her liver was normal. We’re asking for your help to make sure those findings – not a guess made under pressure – are what determine this family’s future.