NEW MEDICAL THEORIES DRAWING “SHAKEN BABY” SYNDROME CONVICTIONS INTO QUESTION

Filed under: Criminal Law, Death Penalty Cases, News Tags: by Steven F. Fairlie @ February 2, 2011

The medical community has long accepted, and in fact testified, that the presence of certain symptoms are indicative of a baby that has been violently shaken, and that the shaking must have taken place within a short period of time just prior to the onset of the symptoms. Now doctors who have testified to that theory, and in fact convicted people through it, are now questioning the validity of the theory. Instead, they are know positing that the same symptoms can be caused by thrombosis, essentially a stroke caused by infection. This would have nothing to do with shaking the baby. Further, there are questions regarding the timing of the onset of symptoms, and cases where testimony that the symptoms would have appeared within an hour of the shaking is now being questioned. If you are interested in learning more about the new science and the horrifying stories of the babies and those who were convicted of shaking them, follow this link to a New York Times article documenting numerous cases as well as the medical theories behind them: http://www.nytimes.com/2011/02/06/magazine/06baby-t.html?pagewanted=1&_r=2 .
If you are involved in such a case, we have experience in dealing with these issues and can help from either a criminal or civil standpoint.

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