Medical Evidence Doubtful In Shaken Baby Cases

Published: June 16, 2005 at 11:03 AM

LONDON, June 16 (UPI) — A lawyer for four people convicted of killing or harming babies through shaking told Britain’s Court of Appeal Thursday the medical evidence was doubtful.

The test cases could determine how cases involving “shaken baby syndrome” are handled in future.

Defense lawyers are challenging the view that swelling of the brain, bleeding behind the eyes and between the brain and skull are necessarily symptoms of abuse.

New research has suggested that similar injuries could be caused by a lack of oxygen to the brain resulting from falls from a relatively low height, vaccinations or medication.

“There is no suggestion that any of these carers were child abusers,” Michael Mansfield told the court.

He said the four were convicted solely on the basis of expert medical evidence that the injuries were sustained in a “momentary loss of control or temper.”

However, the evidence had not shown an “indisputable or objective medical foundation for inferring violent treatment,” he said.

The three men and a woman were convicted of murder, manslaughter and grievous bodily harm.

More than 90 other convictions could be challenged if the Court of Appeal judges rule the medical evidence relied on to establish guilt is questionable.

Source:

http://www.upi.com/Top_News/2005/06/16/Shaken-baby-evidence-challenged/UPI-21951118934207/