Shaken Baby Syndrome

When a baby dies, alarm bells ring.  Why did a baby, who, just hours ago, seemed perfectly healthy, die? Across the country, it’s estimated that anywhere from 1,000 to 3,000 children experience shaken baby syndrome (SBS). A quarter of those children die, and the rest endure a lifetime of debilitating problems, including seizures, blindness, hearing loss, cerebral palsy, behavior and learning issues, and paralysis.

Junk Science? 

When babies die or suffer serious injury, the search for an explanation is unquenchable. There are many pediatricians who stand by SBS diagnoses. Nevertheless, the American Association of Pediatrics (AAP)has backed away from it, stating legal and medical authorities had misinterpreted it. Why?

The AAP Stance 

According to the AAP, there are a number of conditions besides Shaken Baby Syndrome that can cause the symptoms associated with SBS. In fact, the neurosurgeon who developed the theory of SBS –Norman Guthkelch–believed it had been misinterpreted, saying it was simply a suggestion to parents on how to prevent childhood injuries. In fact, many doctors now agree that there are myriad issues that can cause the symptoms of SBS. Never had Dr. Guthkelch intended for the diagnosis to lead to the imprisonment of harmless, grieving parents. At this point, there have been 32 exonerations of people who’d formerly been found guilty of SBS. Will the very public case of a death-penalty inmate in Texas be the 33^rd exoneration?

The Roberson Case 

A bipartisan group of lawmakers in Texas is calling for clemency for Robert Roberson, whose daughter, Nikki, died after experiencing brain swelling, bleeding behind the eyes, and head bruising. The diagnosis at the time was SBS, even though Roberson claimed the baby had fallen off of a bed. An emotionless Roberson raised suspicions with hospital staff, just one of many factors that led to a guilty verdict and the death penalty sentence. (It was later discovered that Roberson was autistic, explaining the lack of emotion).But more than two decades later, the lead detective in the case says that other alternatives to SBS were never considered, let alone investigated. Roberson’s attorneys say that the baby had pneumonia at the time of her death, and it had become septic. She suffered numerous other health issues that may have contributed to her death, as well.

Nevada Law 

When a parent or caregiver is accused of Shaken Baby Syndrome in Nevada, they may be charged with child abuse, murder, or attempted murder. Depending on the charges, defendants face anywhere from two to fifty years behind bars. With stakes this high, you need a dedicated and aggressive criminal attorney fighting on your behalf.

Lobo Law 

At Lobo Law, our experienced Las Vegas criminal defense attorneys will look at every possible defense in order to keep you out of prison. To discuss your situation, schedule a confidential consultation in our Las Vegas office today.

Source:

health.ny.gov/prevention/injury_prevention/shaken_baby_syndrome/sbs_fact_sheet.htm#:~:text=Shaking%20can%20cause%20brain%20injury,survivors%20suffer%20from%20permanent%20damage.