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Shaken Baby Syndrome

By: Tana Fye

When I was a law clerk, the year after I graduated from law school, I had the opportunity to watch two separate criminal trials where the issue was shaken baby syndrome.  In one trial, the defendant was convicted; in the other, the defendant was acquitted.  In both cases, the prosecution and defense both presented the testimony of expert witnesses on this very topic.  Needless to say, it was extremely interesting to watch and learn about.  However, it made very clear to me that the diagnoses of shaken baby syndrome is far from a medical certainty.  There are many variables that go into whether shaken baby syndrome is present in the particular child.  But even more interesting (at least to me), is the question of whether shaken baby syndrome even exists, as well as whether shaking alone can cause injury or if an impact of the head is needed.  I take no position on this, because frankly I lack the medical training to honestly evaluate it.

In the December 2011 issue of the ABA Journal, an American Bar Association publication, this very topic has been taken up.  I urge you to read it and consider the issue for yourself.  (The article is in the hard copy version of the ABA Journal, but hasn’t yet been posted on their website.  Once it is, I’ll add the link.)  The ABA Journal has also written about this topic before.  This is a list of some of their other articles on the topic.




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Categories: Shaken Baby Syndrome
  1. aaemommy
    December 2, 2011 at 3:17 am

    I was a victim of this junk science which caused ny family and myself to not only lose one child by death, but my then only living child within three days. My baby girls cause of death changed four times, and she was held in a morgue for nearly nine months. Though I ferociously fought with all might and logic I lost my case for the reunification of my only living daughter because I nor ky husband could identify a perpetrator. Ky daughter while in foster care went from 27 lbs. To 23 lbs. And stayed 23 lbs. For the entire two years she was in foster care. When I went to appeal, my appointed appellate counselor filed my appeal before sending notice that he was my lawyer, or even speaking with me. I checked VIA email and telephonically wig ky trial lawyer many times, and he and his secretary said that they didn’t know who my appellate counselor was, hut that they would let me know. By the time my trial counselors secretary told me who my appellate counselor was, and by the time I got the chance to speak wig him, he had already filed ky appeal. Although he spoke as if he was going to file, and was speaking on what would probably happen although it had already happened. This is a lot to take in, and sometimes the victim of false accusation has experienced so much, that there too much to take in and understand at once. I can say one thing. Eventually falsely accused parents are going to be on trial for a real crime to the social workers, etc. Because we are tired of it! My daughter suffered so much. She now has ” hyperactive ADHD”, she harbors food in her mouth, take items from the foster parents and hides them under and in her bed, and is angry. My daughter was 25 months when CYFD stole her from us, was placed in a daycare 9 house each day with 1 year old (later cyfd stated she was severely delayed due to neglect from us), and still suffers to this day. When the foster parents got adoption papers for ky daughter, at the end it stated that charges on my husband and I had been dropped. There were never charges to begin with. The know that my 2 months precious baby girl was jot shaken, thrown, beaten, and/or physically abused in any way. This epidemic is a way to receive government funding at Tue disposal and destruction of their very citizens. It began crooked and it remains crooked. The based children stay in their abusive homes, and the unabused get abused by their very government. They use shame, embarrassment, fear, and sheer evil to keep us quiet, until its too late. May they burn in hell.

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