"Medical records Bingham presented in court showed that Ms. Walker had been without her anti-seizure medication for over a month and had no seizures during that time. Defense attorney Jeff Haas asked Ulrich about the possibility of sudden unexpected death in epilepsy. The doctor replied that it was very rare and had a less than 10 percent chance of happening, but that it is a possibility."Essentially the defence claim that the risk of SUDEP is "very rare", and this is a phrase has an emotional effect on any jury to ignore the risk. The same reaction would seem normal in any person with epilepsy. The risk is "very rare", so please ignore this risk.
That is the heart of the matter. The risk is "very rare". Or is it? The reality is not all people with epilepsy are at the same risk.
Sadly the report makes no mention of the age of the deceased. Clearly any reader of this blog will have read that young adults are at greater risk. I would say that a young adult (age 20-30) has twice the risk. So whether Ms Walker a young adult might have been relevant point to make.
Countering against that, males are at twice the risk of females. And clearly Ms Walker was a female.
In the end the main problem though is the medical assessment of whether Ms Walker was at risk should have been made prior to her death. People with severe epilepsy are at greater risk, as are people with uncontrolled seizures.