Category Archives: parents accused

Shaking Accusations Gone Wrong

The interrogation

A series of legal developments in the past few weeks highlights the devastating effects of misguided abuse diagnoses on innocent families.

In Sacramento, California, father Jesus Flores was found innocent in June of shaking his son Mason, but despite the verdict, Mason is being adopted by another family. Flores lost parental rights during the years he spent in jail awaiting trial.

The child’s mother, Sara Guzman, also lost custody, ironically because she refused to believe that Flores had injured their son. Reporter Lois Henry quoted Guzman in the Bakersfield Californian:

“They told me the only thing messing me up from getting Mason back was that I stood by Jessie (Jesus),” Guzman said. “They said I needed to go against him. But that wasn’t right. I knew he wasn’t the kind of man who would ever hurt his baby.”

After watching video of the police interview, reporter Henry disputed statements from both the diagnosing doctor and the detective that Flores had confessed to shaking his son. Henry wrote:

Flores uses a doll to show detectives how he rocked Mason earlier in the day to try and comfort him.

In the video, Flores cradles the doll, supporting its head and rocks him back and forth.

He tearfully asks if that could have been what hurt his son?

“Could that have caused it?” he asks over and over. “If it did, then I’m the worst father…”

One of the detectives would later testify that Flores demonstrated shaking the doll, causing its head to violently snap back and forth.

Not even close. (See video at bakersfield.com)

The reporter is right: Not even close. Check the video. The detective hands the doll to Flores at 12:03:38 am on March 22, 2015, and 15 seconds later Flores demonstrates the motion he will repeat through the rest of the interview—which I would call more up-and-down than back-and-forth, but certainly not violent.

The jurors who found Flores innocent heard about Mason’s complex medical history, and the new brain bleeds that appeared while the boy was in the hospital and then again in foster care. On the interrogation tape, however, long before anyone had looked at past medical records, the detectives never waver from confidence in the father’s guilt. Ignoring Flores’s obvious pain and confusion, they reject his story again and again, prodding him to quit lying and “accept responsibility.” Even when he breaks down and accepts their accusations, Flores says only that he “might have” rocked the boy harder than he realized, he doesn’t remember.

Another disturbing video was released last week in Detroit, showing a father’s pain at learning that his daughter had died—information he heard in open court when he was charged with her rape and murder. (On the page with the print coverage, scroll down to the second large graphic for the video.) James Lee Saltmarshall, 22, has now been released, after an autopsy disproved the medical findings that had triggered the charges against him. The video treatment includes a from-the-heart statement from Saltmarshall’s attorney:

“You have somebody charged with the most salacious thing you can charge him with, the worst thing, raping and killing his infant daughter. And now it’s a big ‘Oops’?…

“How do you fix it? I don’t know.”

In South Carolina, meanwhile, Wayne County dropped charges against an accused father who’d been in jail for two years—and indicted the babysitter instead. As summarized by reporter Angie Jackson in The Post and Courier:

Eugene Anthony Wright, 49, was initially charged with homicide by child abuse. At the time of his daughter’s death, he was accused of slamming her to the floor in his Dorchester Gardens apartment in North Charleston.

The Attorney General’s Office said after further investigation, it was determined that Wright could not have committed the crime and the charge has been dismissed.

The indictment of the babysitter, Jackson wrote, “does not detail the evidence against her.” I speculate that the key point is whether the effects of a serious pediatric head injury are or are not immediately obvious, a question still under debate in the journals and in the courtroom, along with the potential for serious injury in short household falls. Earlier coverage of the case seemed to put the father at the scene, but it’s hard to know the story from what’s available.

In a long-lingering case in California, foster mother Jovannee Reynolds has been sentenced to four years of probation, after a plea bargain in which she “took responsibility” for the death seven years ago of a days-old baby named Mikayla who quit breathing in her care.

Reporter Pablo Lopez wrote in the Fresno Bee:

On Friday, [defense attorney Curtis] Sok told the judge that the case took seven years because it turned into a battle of medical experts – one who said Mikayla died of shaken-baby syndrome and two who suggested she suffered her fatal injury in her mother’s womb.

Reynolds had told police she had “patted the baby on the back” when the little girl seemed to be having trouble breathing. Reynolds was originally charged with murder, but the plea agreement reduced that to manslaughter. According to the Bee coverage, prosecutor Christopher Gularte gave this explanation:

Because of the conflicting medical opinions, Gularte told [the judge] that the prosecution could not prove the murder charge. Instead, Gularte said both sides settled on the manslaughter charge because of Reynolds’ admission to police about patting the baby on her back. In essence, her use of force in patting the child was more than a reasonable person would do.

While I am pleased that Ms. Reynolds will face no jail time, I am sobered that the county insisted on pressing charges against her, and that the act of patting a baby on the back when it’s struggling to breathe has been declared manslaughter. Ms. Reynolds and her husband had started caring for Mikayla about a week before the child’s collapse, when she was only five or six days old, after her mother, a known drug user, had tested positive for methamphetamine. I’m guessing there were no actual signs of trauma, just the brain findings, or the news reports would mention them.

Updates

The Medill Justice Project has published a poignant look at the effects of his mother’s incarceration on the son of child care provider Jennifer Del Prete, released in 2014, after a successful appeal of her 2005 conviction.

A Florida court has agreed to hear an appeal by the Innocence Project of Florida on behalf of child care provider Stephanie Spurgeon, in prison on a manslaughter conviction in a shaking case. She the Tampa Bay Times coverage.

copyright 2017, Sue Luttner

If you are not familiar with the debate about shaken baby theory, please see the home page of this blog.

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Steps Forward, Steps Backward, Part II

The second half of a posting started on March 7

Re-creation of the reported fall

In another small step forward, a father in Michigan has been found not guilty of murder or abuse in the death of his 11-week-old son, after spending 16 months in jail waiting for trial.

Mark Hontz had reported falling down the basement stairs with the boy in his arms, landing on the infant when they reached the floor. Doctors at the University of Michigan, however, rejected that explanation for the child’s injuries. At the preliminary hearing, forensic pathologist Dr. Jeffrey Jentzen pointed to anterior rib fractures and neck damage, which he said were “more consistent” with the compression and whiplash that occur during squeezing and shaking than with a fall down stairs.

Dr. Jentzen’s testimony reflected an opinion I’ve heard before about pediatric stairway falls:

“Well actually, going down stairs is not a single fall down, for example, ten feet. It is ten individual falls down a single foot, so there’s not the long distance fall that you would expect.”

In the journal Pediatrics in 1988, Drs. Mark Joffe and Stephen Ludwig at the University of Pennsylvania proposed that model in their paper “Stairway Injuries in Children,” illustrating their point with the figure to the right. That paper had concluded that “nonaccidental injury should be suspected” when children receive serious injuries in an alleged stairway fall.

The photos at the top of this page show the stairs to Mark Hontz’s basement, with the figure at the starting and landing spots he reported. A biomechanical engineer brought in by the defense pointed out that an adult falling forward down stairs does not fall one step at a time, as the feet are no longer under the center of mass. Instead, the body falls forward, propelled by the force of gravity, until the motion “is arrested by contact with the ground or steps.” The engineer calculated that the infant experienced a vertical fall of 9 feet, landing with an approximate speed of 16 miles per hour.

Investigators conducted a series of interviews with Mark Hontz, finally confronting him with the medical opinion that his son did not die from a fall down the stairs. “Hontz offered no other explanation,” the police report says, which is another way of saying that, even under intense pressure during repeated interrogations, the father never changed his story.

Illustrating the value of a thorough defense, attorney Sharon Clark Woodside also called in a forensic pathologist, a child abuse pediatrician, and a pediatric radiologist to rebut the prosecution theory.

Witnessed Shakings

Two witnessed shakings in separate hemispheres this winter seem to have produced no injuries, nor any questioning of shaking theory.

Dismayed diners at an Australian cafe called authorities about a man shouting and shaking his 5-month-old daughter, according to a news story by reporter Allison Harding. After paramedics checked the child and cleared the father to take her home, Harding wrote, other patrons attempted unsuccessfully to block his car. The father later pled guilty to unlawful assault and has sought treatment for “long-term mental health issues.” His wife reportedly stood by him in court, calling him a responsible and loving father.

cottonwoodaz

Cottonwood, Arizona

Concerned bystanders in Cottonwood, Arizona, called police and recorded video of a 19-year-old mother shaking and slapping her 10-month-old daughter at a street corner, according to coverage in the Verde Independent. Responding officers arrested the mother, a transient already known to local police and described as “combative.” Authorities later discovered that the child was missing from foster care in another state, kidnapped by her parents during a family visit. The Independent’s coverage quoted Cottonwood Police Sergeant Tod Moore, who said, “I have seen too often in shaken baby cases where permanent brain damage or death occurs. We appear to be very fortunate this time.” I note that Sgt. Moore has probably seen serious injury in cases where the doctors diagnosed shaking. In the one witnessed case he’s probably handled, doctors at the local hospital found no injuries.

More Fathers in the News

Convictions of and accusations against fathers continue to pass through the headlines.

One case in Pennsylvania has it all: no external signs of assault, the presumption of immediate symptoms, and a retreat from the term “shaken baby syndrome”—but with a computer animation shown at trial illustrating the presumed effects of a violent shaking. From an article before the verdict by reporter Laurie Mason Schroeder of The Morning Call:

Prosecution expert Dr. Debra D. Esernio-Jenssen, medical director of the Child Advocacy Center at Lehigh Valley Hospital, testified that Quinn suffered from symptoms of abusive head trauma, formerly called “shaken baby syndrome.”

Using a computerized animation, Esernio-Jenssen demonstrated how, she said, a baby’s brain would hemorrhage from being snapped back and forth in the hands of an angry adult.

On the subject of timing, Leigh Valley Live reporter Sarah Cassi wrote in an article reporting the conviction:

[Dr. Esernio-Jenssen] testified the baby would have shown immediate symptoms following the “severe, lethal episode of head trauma” she suffered, meaning the injuries occurred while [the father] was alone with the child.

Depressingly, the father’s defense attorney seems to have focused on blaming the child’s mother, arguing only that the injury had been inflicted before the girl was left in his client’s care.

A father in Tennessee has been sentenced to 15 years for aggravated child abuse, convicted after a 4-day trial, according to coverage in the Johnson City Press. The child’s mother still insists her husband is innocent—in a moving clip from the trial posted by WCYB, she said, regarding her son, “We wanted a real answer because we knew he wasn’t abused.”

The story of a young father accused in Wisconsin, meanwhile, received mixed coverage in a single treatment, with a headline about possible doubts but six opening paragraphs focused on the prosecution theory of shaken baby syndrome—the unfolding article then cites the Audrey Edmunds case and reveals that the defense attorney is fighting hard against the diagnosis.

Foster Mom Charged

And in Florida, investigators have reached the improbable conclusion that a 43-year-old mother and foster parent—active in the local child protection community—became enraged enough to batter a 17-month-old to death in the 7-minute gap between the time a social worker left her home and the time she dialed 911 for help with an unconscious toddler. Coverage in the Tampa Bay Times describes a boy with a complex medical history, including developmental delays and physical signs of early neglect. The child used a feeding tube, and he had been discharged from the hospital just a few hours before his collapse, after three days of treatment following a choking incident. Faith in the diagnosis of abusive head trauma, with a guarantee of immediate symptoms, apparently overrides the logical assessment of established medical facts.

Sam Stone

Sam Stone

This story reminds me of Quentin Stone in California, a father acquitted in 2014 by jurors in Yolo County who accepted that the child’s fatal collapse had resulted from an evolving head injury suffered in an accidental fall. Stone had taken his son to the hospital several months before his medical crisis, just to make sure he was OK, he said, after the boy had rolled off a bed. Doctors found no injuries and released him, but over the following weeks, the Stones had sought medical advice repeatedly for their son’s ongoing vomiting and apparent “breath holding.” Despite that well documented history, the prosecution charged Stone with murder after the boy’s fatal collapse, based on medical opinion that the brain findings proved abuse and the symptoms would have been immediate.

Also in Yolo County,  a public invitation this winter to the annual Rotary Club of Davis fund-raising dinner noted that a team of Rotarians had taken a trip three years ago to Kenya, East Africa, “to educate physicians, medical students and nurses on how to identify abusive head trauma in children.” The article did not say where the Rotarians got their own medical training, but it reported that the team “trained nearly 1,200 professionals throughout Kenya.” According to the shaken baby page on the web site for Rotary District 5160 (northern California), the Davis chapter also provides shaken baby simulator dolls to schools and hospitals.

Fractures in the News

Finally, a television station in Indiana ran a provocative segment on a family trying to regain custody of their two sons, removed because of fractures discovered in their first-born when he was four months old. “I understand them getting involved at that point,” says mother Ally Allen on camera, “The frustration came in that they never tried to find an answer.”

Knowing they had not abused their son, Ally says, she and the child’s father started looking for another doctor who could give them an accurate diagnosis. They found Dr. David Ayoub, a pediatric radiologist in Illinois who determined that the infant suffered from rickets, a lack of mineralization in the bones that predisposes to fractures. Once considered a disease of the past, rickets remains “a significant cause of nutritional disease for infants,” according to the American Academy of Pediatrics.

The family’s second child was removed from them at birth because of the pending charges. While they wait for their case to work its way through dependency court, Ally and her partner can see their sons only for a few hours at a time during scheduled visitations.

If you are not familiar with the debate about shaken baby syndrome/abusive head trauma, please see the home page of this site.

copyright 2017 Sue Luttner

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Shaken Baby Debate: Steps Forward, Steps Backward

jasonschneider

Jason & his son

Part I of II

Amid a winter of murky news coverage and disappointing developments, an encouraging story comes out of Colorado, where the state dropped charges in January against father Jason Schneider after a mistrial due to a hung jury in December. Schneider, an EMT and former volunteer firefighter, has enjoyed the support of his family and community since the accusations last winter.

“There’s been so much rebuilding, and lots of celebration,” Jason reported, although his family is still reeling from a year of lurid press coverage, hardly balanced out by a couple of brief articles after the fact. “My wife and I know we are blessed,” he said, “but we are disillusioned with the justice system and the media,” and they worry about other accused families with fewer resources.

Jason had called 911 after his son seemed to choke on a bottle and quit breathing and Jason’s own efforts failed to revive him.

The state’s motion to drop the case—which was based on the triad with no other findings—referenced three letters written to the prosecutor after the trial from jurors, two urging the state to drop the charges. The jury had deadlocked 10-2, with the majority advocating for acquittal. In light of the juror input, the motion declared:

“…undersigned counsel simply does not believe there is a realistic likelihood of a jury composed of 12 different members of the community reaching a unanimous decision finding the defendant guilty.”

The Schneider family

The Schneider family

The judge placed one of the letters in the case file, from a panelist who wrote that many jurors thought the trial was a “poor prosecutorial decision” and the case should be dismissed. He attributed the hung jury to two jurors who approached deliberations “with a presumption of guilt instead of a presumption of innocence.”

The letter-writer, who said he had no preconceptions going into the trial, criticized some of the prosecution’s tactics, including the marginalizing of defense witnesses. He observed that the defense experts had years of experience and knew the research in their specialties, in contrast to the local experts called by the state:

“The inexperienced doctors at Children’s Hospital… believe the triad is gospel as far as Shaken Baby Syndrome/NAI [non-accidental trauma] is concerned. That is what they were taught… The specialists that the defense brought in are far from the only ones that share an alternate view. It was disgusting to hear you refer to them as ‘fringe.'”

Defense attorney Kathryn Stimson had brought in a pediatric ophthalmologist who specializes in retinas, a pediatric neurologist, a neuropathologist, a radiologist, and a biomechanical engineer. She said her team was devastated that the jury didn’t acquit after such a strong defense. “These cases are incredibly difficult,” she reflected. “Even with amazing expert and character witnesses, they are still so very hard.”

evaserenden

Eva Amurri Marino

Indeed, these cases are hard, even without devastating accusations of abuse, a point made by actress and blogger Eva Amurri Martino, daughter of Susan Sarandon and mother of two. Eva revealed in a January posting on her blog Happily Eva After that two months earlier, when her son Major was only a month old, the night nurse had fallen asleep while holding the baby, who had slipped off her lap and onto the hardwood floor.

At the hospital, doctors found a depressed skull fracture and “localized” brain bleeding. Eva and her husband hovered over their precious baby for “two harrowing days” of treatment and tests. “To say these were the most traumatic and anxious two days of my life is an understatement,” she wrote. But their son was then released with a glowing prognosis, and, indeed, he seems to be fine.

She didn’t write about the incident when it happened, Eva explained, because she wanted to wait until they knew Major was OK, and also:

“The second reason I chose not to share was fear of judgement… I know that this news might reach many, and of those many there will always be the people who say that this accident was my fault. That if it had been me in there holding him instead of a Night Nurse, that this never would have happened. That I deserve this for allowing my child to be in the care of somebody other than me. Well, let me tell you–the guilt I bore in the days and weeks after this accident was more intense and more damaging than anything I would wish upon my worst enemy. I had all those same thoughts and more. I wept in the hospital, telling anyone who would listen that it should have been me. That I was to blame. The truth is, even this woman who came so highly recommended, with a perfectly clean track record, could make a very human mistake. It “could happen to anyone”, and as they told me repeatedly in the hospital, it DOES happen to anyone. More often than you’d like to hear. Obviously, the (extremely upset and remorseful) nurse is no longer working for our family, though we forgive her. And even though I finally made peace with the fact that this freak accident could not have been avoided by me, it has continued to effect me to my core and in all aspects of my daily life.”

happilyevafamily

Major with his family

What dazzles me about this case is that the doctors seem to have accepted that a fall from a caretaker’s lap can produce a depressed skull fracture and, I’m extrapolating, subdural hematoma. In 2006 in San Mateo County, I watched a nanny convicted of child abuse based on those symptoms, also with no underlying brain damage. I have to wonder what made the difference—nothing in the posting implies there was ever any question of abuse.

Disappointment at Retrial

A jury in Maryland, meanwhile, has found child care provider Gail Dobson guilty in a second trial, nearly three years after her first conviction was reversed on a finding of ineffective assistance of counsel. Her attorney in 2010 had failed to call any medical experts to dispute the state’s theory, a strategy a 2014 appeals court labelled “deficient” after hearing testimony from two critics of shaking theory. News coverage of the second trial implies that the judge excluded defense expert testimony based on pretrial hearings, so jurors seem to have heard again from only one side in the debate.

Leo Ackley's Facebook profile shot not long before the accusations

Leo and Baylee

The Dobson conviction echoes the outcome this past fall in Michigan, where Leo Ackley was also found guilty at a second trial, after his first conviction was vacated on appeal in 2013. Both the appeal court and the second jury heard from defense experts brought in by the Michigan Innocence Clinic. Leo’s family insists he is innocent and says they are pushing for another appeal. I reached out to Leo, who wrote a long reply, including these thoughts:

“It’s really the hardest time of my life… I don’t know where to begin after being convicted for a second time, and knowing how long and hard it was to make it back the first time. Just preparing for another long appeal process and praying for a miracle.”

I am still hoping for a better outcome in the upcoming retrial of care provider René Bailey, whose conviction in a toddler’s death was vacated in 2014.  Jury selection begins September 5.

I have another thousand words queued up about this winter’s developments, but I think this first half is plenty for one blog posting. More soon.    -Sue

For Part II of this posting:  https://onsbs.com/2017/03/10/steps-forward-steps-backward-part-ii/

If you are not familiar with the debate about shaken baby syndrome, please see the home page of this site.

copyright 2017 Sue Luttner

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Innocent Family Petition Hits a Nerve

Geers twins

Geers twins

When child protective services separated Melissa and Anthony Geers from their five sons last spring, Melissa says, the pain was staggering. The worst part was watching the effects on their children: the 9-year-old’s full-blown panic attack, the 8-year-old’s holding his mom “so tight I couldn’t breathe,” the sudden interruption of breast-feeding for the 4-month-old twins (Melissa pumped throughout their foster placement).

The state filed to terminate the Geers’ parental rights just weeks after x-rays revealed rib fractures in both twins—but withdrew the suit 10 weeks later, after the Geers submitted opinions from eight outside experts who attributed the fractures to fragile bones, citing two underlying causes: First, the boys had a metabolic disorder that impedes bone formation. Second, like most twins, the youngest Geers had arrived early, 7 weeks early in their case. Because the rate of bone mineralization ramps up during the final trimester of gestation, premature infants in general are prone to weak bones.

photo by Doug Smith, Washtenaw Watchdogs

Anthony & Melissa Geers. Photo by Doug Smith, Washtenaw Watchdogs

But those explanations entered the record only because the Geers did their own research and called in their own experts. The state tore her sons’ lives apart, Melissa says, based on the opinion of one child abuse doctor “who never met me, my husband, or our kids.”

“We have two sons, now 10 and 8, who were traumatized by this experience,” she points out. “They don’t do the things they used to do. They are afraid. The child abuse experts need to understand what they are doing to children.”

Since their story hit the news, Melissa says, they have been contacted by an astonishing number of families with their own stories of ill-considered abuse diagnoses—most of them with far less happy outcomes. “How are the child abuse doctors not aware of all these other things?” Melissa asks. “That’s the part that bothers me the most. Why are they not doing their due diligence?”

GeersQuoteThe Geers say they understand how valuable it was to have a supportive community during their ordeal, as documented by Click on Detroit and later by Melissa herself in an essay on Medical Kidnap. Melissa says she and her husband now feel compelled to do what they can to shed light on a broken system. Earlier this fall, the Geers joined demonstrators at the University of Wisconsin Board of Regents meeting, where supporters of Joshua and Brenda Burns protested the Burns family’s treatment by the university’s Mott Children’s Hospital. As reported on this blog in the spring, the Burnses’ daughter Naomi was diagnosed as a shaken baby at Mott in 2014. While Naomi seems to have recovered fully, Joshua is serving a one-year sentence in the county jail. As he approaches his December release date, Joshua had been granted weekly visits with his family, through a glass window and a telephone handset, after a year and a half of no contact at all with Naomi—but those visits were cancelled after the first one. (For an insider’s view of the regents meeting, including video statements by Melissa Geers and Brenda Burns, please see the Washtenaw Watchdogs coverage.)

Accused father Andrew Sprint

Accused father Andrew Sprint

The Burns family and the Geers family found each other, and they also found the Protecting Innocent Families (PIF) petition, which calls for an objective, scientific review of the evidence base underlying today’s guidelines for diagnosing child abuse. The petition form includes an optional field where signers can identify the name of a defendant or family they are supporting. Of about 2,700 people who have signed the petition so far, slightly more than 1,000 have filled in the support field. The signers have named 338 individuals and families. The most frequently named case, with 270 signatures, is the Burns family, the subject of the Torn Family web site, which includes a link to the petition. The Geers family is the second most-often named, with 96 signers, presumably from their Facebook site.

Other defendants named in significant numbers were a mix of past cases that helped inspire the petition—like the stories of Kristian Aspelin, Brian Peixoto, Tiffany Cole-Calise, Amanda Brumfield, and Leo Ackley—and unfolding cases like those of Rebecca and Anthony Wanosik and Cynthia and Brandon Ross, reunited with their children this summer; Cindy Rosenwinkel, convicted in 2015; and single father Andrew Sprint, who declared his innocence outside the Children’s Justice Conference this past spring in Seattle.

GeersQiuoteWhen PIF launched the petition in March of 2015, the immediate goal was to collect the names of 1,000 people who had seen a medical misdiagnosis of child abuse tear apart an innocent family. Three weeks after the petition went live, 1,000 people had signed and signatures were still coming in. The rate has slowed since then, but new names continue to arrive, and PIF has decided to launch another publicity campaign before implementing its labor-intensive plan for taking the petition to Congress. Signers who indicated they would be willing to contact Congress personally should expect to be hearing from PIF volunteers.

In addition to calling for a review of the scientific literature, the petition objects to the suppressive tactics used by the state and by professional organizations. Both families and professionals feel extraordinary pressure, the petition argues:

Even when charges are dismissed, caretakers acquitted, or verdicts overturned, families are emotionally and financially devastated, with many unwilling to speak out because they are still traumatized or they fear stigma or retaliation. Doctors and other experts who question or criticize these diagnoses also suffer retaliation, including threats against their jobs and licenses.

Dr. Waney Squier

Right now in England, for example, neuropathologist Dr. Waney Squier is facing hearings by the General Medical Council, where she is accused of testifying “outside her field of expertise,” giving biased opinions, and not paying “due regard to the views of other experts.” Last fall, The Telegraph reported that the original complaints against Dr. Squier came from the Metropolitan Police, who were tired of losing shaken baby cases because of her testimony on behalf of accused parents.

Dr. Squier has long been the target of direct and indirect harassment from her opponents. As reported in 2012 on this blog, a fictional character with a curriculum vitae remarkably like Dr. Squier’s confessed on the BBC program Silent Witness to having conducted her research using illegally harvested infant brain tissue. In fact, the real Dr. Squier had been readily cleared when the same accusations were levied against her—and some observers suspect those accusations were merely a ploy to keep her out of the courtroom during the resulting investigation.

Dr. John Plunkett

Dr. John Plunkett

In the U.S. in the early 2000s, forensic pathologist Dr. John Plunkett was forced to defend himself against charges that he lied under oath after he testified on behalf of an Oregon defendant in a child head injury case. In “The Battle of the Expert,” ABA Journal reporter Mark Hansen traced the byzantine course of the case against Dr. Plunkett, which ended with an acquittal in 2005.

 

Drs. Squier and Plunkett have also brought their criticisms of shaking theory into the medical journals. When Dr. Squier and her colleagues proposed an alternative to torn bridging veins as the source for thin-film subdural hematomas in 2009, their ideas were dismissed, but their model is now finding acceptance by doctors on both sides of the debate. Still, instead of considering the reasoned objections of their critics, some proponents of shaken baby theory demonize defense experts at conferences and in the press. After charges were dropped against Irish nanny Aisling Brady McCarthy earlier this fall, for example, Kevin Cullen at The Boston Globe quotes Dr. Eli Newberger calling shaken baby critics “defense whores”:

Newberger is dismissive of the revisionist views that defense attorneys are increasingly tapping.

“On the clinical testifying roster are a whole lot of people who will cut their consciences for money,” Newberger said. “They’re hired out as defense whores. I just find this vile.”

The Protecting Innocent Families petition is an effort to bring together the many people who are affected by misguided diagnoses of child abuse, including the accused families, their extended communities, and the medical and legal professionals who defend them.

If you agree that we need an objective, scientific review of the evidence base for today’s guidelines for diagnosing child abuse, please sign the petition, at http://bit.ly/InnocentFamilyPetition. If you have a web site or Facebook page, please post the  url. If you are a medical or legal professional, please consider sharing the url with your colleagues and clients (that’s http://bit.ly/InnocentFamilyPetition).

A number of individuals and families not mentioned above have also received quite a few votes of support, including Angela and Danny Frasure, Cor and James Thompson, Andrew Valdez, Megan Griffin, Marsha Mills, Rachel and Gourab Sahoo, Kacie and Raymond Hernandez, and a handful of people who would rather not be named publicly.

copyright 2015, Sue Luttner

If you are not familiar with the debate surrounding shaken baby syndrome, please see the home page of this site.

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Breathtaking Strength Under Heartless Interrogation

AllisonInterrogationCloser

The interrogation of Christiane Allison

The support group for convicted father Clayton Allison in Alaska has posted a disturbing video that not only reveals the heartless tactics employed by police investigators but also showcases the extraordinary strength of Clayton’s wife Christiane, who seems to have been the only honest person in the room during her interrogation.

From the beginning, Christiane Allison says, she believed her husband’s report that he had accidentally left the baby gate open, allowing their 15-month-old daughter Jocelynn to fall down the stairs. Based on medical opinion, Clayton was convicted of second degree murder this past February, and sentenced last week to 30 years in prison.

The interrogation was conducted in January of 2009, four months after the incident, when the police called the child’s mother to the station to tell her that the medical examiner had declared Jocelynn’s death a homicide. In the video, two state troopers are trying to convince Christiane, 22 years old at the time, to call her husband immediately, on a secretly taped line, and ask him what really happened that day.

“Either you’re on the side of Jocelynn or you’re on the side of Clayton,” one officer explains, insisting that Christiene look at the autopsy photos and mocking her statements that she loves her daughter.

Since Jocelynn's death, her mother has been diagnosed with Ehlers-Danlos Syndrome.

Since Jocelynn’s death, her mother has been diagnosed with Ehlers-Danlos Syndrome.

Christiane steadfastly refuses to cooperate with a secret taping. “If I can tell him it’s being taped, I’ll make that call,” she says, but “I will not be deceitful.”

“Clayton has been lying to you every day since September,” the interrogator sneers. “The fact that Clayton makes love to you knowing he did this to your daughter, that’s deception,” and she thrusts in Christiane’s face a color glossy from the autopsy that shows the skin of the girl’s face peeled back and bunched up under her chin.

Early in the interrogation, Christiane had said, “Could you please not show me that one?” and, when the officer persisted, “Or at least don’t show her face all mutilated like that.” Four hours later, her protests are louder and more forceful. “Don’t accuse me of not loving my daughter because I won’t look at that picture,” she seethes, “I’m not looking at that picture because I don’t want to look at that picture every time I go to sleep… Regardless of what happened to her, I don’t want that picture in my head.”

While showing her frustration at the cruel and irrational interrogation, Christiane is not confused by the tactics. Accused of being too calm for a mother who has just learned her child was murdered, she explains she is showing her “cold face” because “words are too important” to let her emotions control the moment. “When I walk out of that door I’ll probably fall apart,” she predicts, “but right now I’m being a politician.” Reiterating that she will make no decisions as long as she’s in the interrogation room with them, she offers—sagely, I thought—”Life is too short for rash decisions.”

AllisonGroupChristiane even acknowledges that the troopers are only doing their jobs, looking for the truth, but she declines to cooperate with their deceptive strategy, and she refuses to accept on the spot that her husband murdered their daughter. “I’m taking every word you’re saying with a grain of salt,” she says. “I don’t believe anything until I’ve thought about it, I’ve prayed about it, and I’ve come to my decision.” Unaware that she is free to leave, Christiane interrupts the histrionics at one point,  “I don’t know how else to do this with you,” she says, clearly exasperated. “We could go around and around forever.” The interrogator stays in character, though, responding that she is personally disturbed by Christiane’s “reluctance to have an open mind about what happened.”

The video ends with Christiane alone on the moral high ground, when her parents arrive with news that her husband was arrested earlier, and she realizes her interrogators had kept pressuring her to call him at home long after they knew he was no longer there. “You’ve been in my face this entire time that Clayton is deceiving me,” she simmers, “but it’s OK for you to do that, when I’ve been completely honest with you?”

The video is just short of 34 minutes long and well worth watching, available on the Free Clayton Allison web site and on YouTube. What I find chilling is the troopers’ willingness to treat a grieving mother with such callous contempt. Christiane Allison was not home the day of the incident. She was never a suspect. But the police were sure her husband had been lying to her—because that’s what the doctors told them—and because she believed her husband, the troopers were willing to accuse, berate, and taunt her for four hours, while she didn’t change her story by an inch. Do the doctors know how the police conduct these interrogations? Do they care?

Of course watching the video reminds me of Scenes of a Crime, the award-winning film that eventually led to the release of Adrian Thomas in New York.

AllisonSupporters2The outpouring of support for the Allison family echoes other movements that have been springing up in child head-injury cases—on behalf of Joshua and Brenda Burns in Michigan, for example, and Melissa Calusinski in Illinois. I’m discouraged because the convictions continue, but I’m encouraged because defense groups continue to seek relief for those in prison—as in the cases of Albert Omenged Debelbot and Ashley Deone Debelbot in Georgia, Leo Ackley in Michigan, Jeffrey Havard in Mississippi, and many others, including but not limited to Brian Peixoto and Amanda Brumfield.

I hope the families and communities affected by these misguided accusations will keep speaking up, and that they’ll start connecting with others in the same position. I encourage anyone who has personal experience with the misdiagnoses of physical child abuse to look into the Protecting Innocent Families petition at http://bit.ly/InnocentFamilyPetition and its companion web site.

If you are not familiar with the debate surrounding shaken baby theory, please see the home page of this site.

Copyright 2015, Sue Luttner

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Filed under abusive head trauma, AHT, parents accused, SBS, shaken baby syndrome

Does the Brain Injury Prove Abuse, or Not?

Demonstration at the sentencing in the spring

Demonstration at the sentencing

The two shaking convictions in the news this season, ironically, are both based on brain findings alone, with no bruising, bone injuries, or other signs of assault—at least five years after the experts started saying that they never diagnose shaken baby based on the triad alone. In the widely reported case of Joshua Burns in Michigan, in fact, the diagnosis was based on only two of the three markers, retinal hemorrhages and subdural  hematoma.

BurnsProtestJune

Demonstration at CS Mott Children’s Hospital

A commercial airline pilot active in his local church and community, Joshua Burns was convicted of child abuse in December of 2014. Supporters immediately launched a web site and media campaign protesting his innocence, and now the Michigan Innocence Clinic is appealing his conviction.  Naomi Burns, now 18 months old, seems to have recovered fully. Her mother Brenda Burns has regained custody, but Joshua has been denied any contact with his daughter since April of 2014.

Michelle Heale sentencing reorted on Asbury Park Press

Michelle Heale sentencing, Asbury Park Press

In New Jersey, meanwhile, child care provider Michelle Heale has been sentenced to 15 years in prison, with the requirement that she serve at least 85% of her sentence. She was convicted of aggravated manslaughter and child endangerment in April.

Michelle said 14-month-old Mason Hess choked while eating a tube of applesauce, but doctors concluded from the brain findings that he had been shaken to death. The only visible evidence of trauma was a bruise on his forehead, suffered several days earlier in a fall in his home. He had been sick with coughing and copious mucous, and had just started taking medication the day before.

The coverage of the sentencing last week brings home how an abuse diagnosis amplifies the pain for everyone. The child’s mother asked the judge to impose the maximum sentence for “the monster who stole our son’s life,” and her husband addressed Michelle directly:

We truly believe that you should die for what you did to Mason, just not yet. But when you do, your true sentence will begin. We know that the devil himself has saved a special place in hell for you because only the most evil being would hurt an innocent child, an innocent child who cannot protect himself.

Judge Francis J. Vernoia imposed only half the maximum sentence of 30 years, but he chastised Heale for refusing to “take responsibility” for Mason’s death. Kathleen Hopkins at the Asbury Park Press wrote:

Vernoia noted, however, that Heale is at risk of committing another offense because she has refused to take responsibility for her actions. The judge said that despite overwhelming evidence of her guilt, Heale told a doctor during a mental examination that her conscience is clear.

The judge saw overwhelming evidence of her guilt, but I don’t.

The prosecuting attorney told the court that the child suffered “severe brain, spine and retinal damage,” but the injury to the spine was microscopic blood identified at autopsy, a finding consistent with the time the boy spent on a respirator. In fact, the prosecution was based on subdural hematoma, retinal hemorrhage, and brain swelling.

The historical context:  In 1998, after Judge Hiller Zobel released convicted British au pair Louise Woodward with a sentence of time served, several dozen child abuse experts signed a letter to the journal Pediatrics protesting media coverage sympathetic to the defense. The letter made this statement about the diagnosis of infant shaking:

The shaken baby syndrome (with or without evidence of impact) is now a well-characterized clinical and pathological entity with diagnostic features in severe cases virtually unique to this type of injury—swelling of the brain (cerebral edema) secondary to severe brain injury, bleeding within the head (subdural  hemorrhage), and bleeding in the interior linings of the eyes (retinal hemorrhages). Let those who would challenge the specificity of these diagnostic features first do so in the peer-reviewed literature, before speculating on other causes in court.

Whether or not you accept that guideline—which I don’t—the prosecution of Michelle Heale is consistent with it.

In about 2010, however, after the Audrey Edmunds reversal, I started hearing a different message at child abuse conferences.

At the Eleventh International Conference on SBS/AHT, for example, Dr. Robert Block, then the incoming president of the American Academy of Pediatrics, rejected “the so-called triad,” with the comment:

Only people who are not active physicians working with children, naïve journalists, and professors with a biased agenda would propose that only three signs and symptoms support a diagnosis.

And in 2011, Dr. Carole Jenny presented at the New York Abusive Head Trauma/Shaken Baby Syndrome Training Conference, using a PowerPoint that featured this statement:

No trained pediatrician thinks that subdural hemorrhage, retinal hemorrhage and encephalopathy equals abuse. The “triad” is a myth!

But the conviction of Michelle Heale seems to be based on the presence of the triad, combined with faith that the effects of a serious shaking assault are always immediate. My best guess is that the diagnosis rested largely on the extensive bleeding in the child’s retinas, bleeding that the child abuse experts insist is caused only by abuse. During the trial, pediatric ophthalmologist Dr. Alex Levin was quoted in USA Today as saying, “This is a victim of abusive head trauma. I can’t think of another explanation.”

Josh Burns with his daughter Naomi

Josh Burns with his daughter Naomi

Retinal hemorrhages were also behind the diagnosis in the Joshua Burns case, where the eye exam did not take place until 11 days after the presumed shaking. The Torn Family web site, about the Burns case, offers both prosecution and defense expert opinions, making it possible to unravel some of Naomi’s complex medical history.

Her delivery was prolonged and difficult. Four times, the doctors attached the vacuum-extractor to Naomi’s head and pulled, and four times, the cap popped off. Finally, she was delivered by C-section.

She had difficulty latching onto the breast, and she was gaining weight slowly, so Brenda was pumping breast milk and feeding her daughter with a bottle, which was easier for Naomi to suck on. The girl’s  head circumference was growing at a faster rate than the rest of her body.

Bruising on newborn Naomi from the vacuum-extraction cap

Bruising and abrasions at birth from the vacuum-extraction cap

Then one Saturday afternoon when Naomi was about 11 weeks old, Joshua was at home alone with her, holding her on his lap. Brenda had gone to the hair salon, where the computer asked for a PIN number to go with the credit card. She called her husband, who gave her the number and then, he says, while putting the phone down, almost dropped Naomi, catching her by the head and face before she hit the coffee table.

The scratch on Naomi's left temple, after her near fall

The red mark on the left side of Naomi’s forehead, after her near fall

When Brenda got home, Joshua told her what had happened and showed her the red mark on Naomi’s face. Brenda says she thought it looked like a fingernail scratch, something she’d seen many times in her years as a nurse. (She had quit her job at a local hospital just a few months earlier, in preparation for Naomi’s birth.)

Their daughter seemed fine that night, Joshua and Brenda say, but over the next several days they took her again and again to the doctor and hospital for vomiting, pallor, and uneven breathing, only to be reassured and sent home. On the third day, when she had a seizure during an examination, she was admitted to the hospital. The first reading of the intake MRI identified only “benign enlargement of the subarachnoid spaces” (BESS), which means there was a little more room than usual between the brain and the skull, a not-uncommon condition of infancy that usually resolves on its own. It does, however, predispose to subdural hematoma.

Naomi and Brenda Burns

Naomi and Brenda Burns

Doctors attributed the infant’s seizures to an unidentified gastro-intestinal virus, and after a week in the hospital she was sent home, with anti-seizure medication. Her parents brought her back within hours, though, worried about more vomiting, fussiness, and pallor. At that point, while following up on a possible metabolic disorder, doctors performed a dilated eye exam and were surprised to find what the child abuse report identified as “bilateral multilayer retinal hemorrhages extending to the periphery,” the pattern considered by most child abuse experts to result exclusively from shaking.

“The retinal hemorrhages were an incidental finding,” Brenda says, “but they changed everything.”

Radiologists re-examined the initial MRI and reached a new conclusion:  They still determined that Naomi had BESS, but they also saw old subdural bleeding, possibly dating back to her traumatic birth, and a small amount of fresh subdural blood. Naomi was diagnosed as a shaken baby, and prosecutors targeted Joshua as the abuser.

The defense brought in pediatric ophthalmologist Dr. Khaled A. Tawansy, a retina specialist, who wrote in his report:

The retinal hemorrhages that were seen by the ophthalmologist at University of Michigan and documented by Ret-Cam imaging were predominantly superficial (sub internal limiting membrane or nerve fiber layer or intra-retinal)… [These types of hemorrhages] occur regularly with abrupt elevations of intra-cranial pressure (as in acute subdural hematoma) when the pressure in the cerebrospinal fluid surrounding the optic nerve exceeds the pressure of venous return in the retina as it drains into the optic nerve.

The child abuse doctor in the Burns case asked for advice from the same pediatric ophthalmologist who testified against Michelle Heale, Dr. Alex Levin in Philadelphia. In an email exchange posted on the Torn Family web site, the child abuse doctor summarizes Naomi’s medical history, acknowledging but discounting the traumatic birth. She reports the eye findings in detail and notes that the child has “persistent thrombophilia,” a clotting disorder.

Dr. Levin’s response:

Impressive documentation. Very well done.

Not sure what the question is. I can’t think of another diagnosis other than abuse assuming no obvious coagulopathy or other event.

Apparently Dr. Levin missed the mention of thrombophilia in the original note, because later in the thread, when the pediatrician asks him about it, he writes:

Do you mean thrombocytosis?
Either way we have no idea what this might do re retinal bleeding and could be considered to throw the retinal findings into question. We just don’t know

I don’t know what was said about all of this in court, but it seems to me that retinal hemorrhages are starting to play a very large part in these diagnoses. In this case, the retinal hemorrhages themselves are suspect, and the only other evidence of abuse is subdural hematoma in a child with BESS.

Now the state is trying to terminate Joshua’s parental rights. Those hearings wrapped up in June, and the family is waiting for the judge’s decision.

I don’t understand why the child abuse doctors are so sure Naomi was abused, and I’m even less clear on why the state has decided that her father and not her mother must be guilty. The accident Joshua reported—presumed to be a lie invented to cover up abuse—happened 11 days before doctors ever considered the possibility of head trauma.

I am sorry that another family has been caught up in this tragedy, but I am heartened by the enthusiastic support that Joshua and Brenda Burns are receiving from their community. And I have high hopes that the ongoing coverage will bring more light to the debate about the reliability of a shaken baby diagnosis.

September 2015 update: The court has adopted a treatment plan that allows for reunification of the Burns familly, which is good news if you ignore the irony that the only thing between  the Burns family and reunification is the court.

copyright 2015, Sue Luttner

If you are not familiar with the debate surrounding shaken baby syndrome, please see the home page of this blog.

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Filed under abusive head trauma, AHT, parents accused, SBS, shaken baby syndrome

“Medical Child Abuse”—Be Careful What You Post

bubby&familypngWhat started out as a feel-good story about the kindness of strangers has turned into a CPS nightmare for a family in the Pacific northwest, where doctors at Seattle Children’s Hospital have accused Thomas Everson and his wife Brandi McNerny Everson of exaggerating their son’s disabilities and subjecting him to unnecessary medical care. The diagnosis has several names, including “medical child abuse” and “caretaker-inflicted illness.”

The tale started in February, when the family issued an on-line request asking people to send their special-needs son “Bubby” a card for his ninth birthday, maybe with some stickers inside, because Bubby loves opening mail, especially when he finds stickers inside. Bubby lives with both physical and mental impairments, the long-term effects of a virus he contracted in utero, which makes it congenital Cytomegalovirus or CMV.

Cartoonists joined the fun

Cartoonists joined the fun

The family’s request for mail went viral and Bubby received thousands of birthday cards, a development that led to even more coverage, like this follow-up piece from the Fox news station that ran the first story. Overwhelmed with good wishes, the family started passing along the bounty to other special needs children. “It has changed his life,” Bubby’s mother Brandi said on camera, “He’s so happy.”

A few months later, though, when Brandi rescheduled one of her son’s many doctor appointments, CPS workers followed up with a home visit to investigate the “missed” appointment. Brandi later told television reporters that the social workers “seemed very concerned about the stacks of mail piled inside their home.”

Two weeks later, CPS workers arrived to take Bubby into foster care, allowing his stunned mother only a few minutes to pack him a bag and say good-bye. The couple is now frantic about  their son’s welfare, they say, as his medical and psychological needs are complex.

The Eversons told news reporters that they fear the stacks of mail gave social workers the wrong impression, but I have a different theory. I wonder if it was the family’s on-line advocacy for their son that brought them to the attention of the child abuse team.

bubbyBeachThis explanation occurred to me because last year I read an article by Dr. Ana N. Brown at Seattle Children’s Hospital and several of her child protection colleagues, “Care taker blogs in caregiver-fabricated illness in a child: A window into the caregiver’s thinking?,” in the journal Child Abuse and Neglect (38[2014]488–497). The paper reported on three children (a “non-consecutive convenience sample”) seen at Seattle Children’s Hospital with illnesses the doctors concluded were imagined or induced by their mothers. All three children improved when they were removed from their families—although two of the three seem to have chronic conditions that still require treatment. All three mothers had been posting on the internet about their child’s ill health, at least two of them with on-line fund-raising appeals. In their paper on the phenomenon, the authors wrote, “This online seeking of attention and secondary gain provided a new dimension to caregiver-fabricated illness in a child.”

bubbyMomIn December of 2014, before the Everson family knew their appeal for mail would catch fire in the media, Brandi had started a GoFundMe page to raise money for a “sensory room” for Bubby, a safe place with textured walls and specialized play areas where he could de-stress and develop his motor skills. The family had already raised more than the $5,000 they were aiming for, so they had shut down the site before the accusations arose—now they have halted renovations and reopened the site as “Attorney for CPS Case+Sensory Room.”

In a news interview days after her son was taken, Brandi said she was shocked when social workers whisked him away. “We were communicating with the CPS investigator and following all of her suggestions,” she said—a line that echoed when I reviewed the Brown et al. paper and came across this paragraph:

In two of the cases, the parents continued blogging about their children’s reported illnesses after court ordered intervention. This behavior was viewed as an indicator that the initial protective intervention had not been successful and the child remained at risk. This information became crucial for investigators, as the parents otherwise appeared compliant with court ordered evaluations and supervision plans and appeared to have responded to the protective interventions. Investigators reported that the parent’s continued on-line blogging content was considered strong evidence that the child remained unsafe to return home.

bubbyBrandi

Brandi McNerny on Facebook

In their journal article, Brown et al. described some of the features of the tell-tale postings, which included distortion of the medical facts, an emphasis on the caretaker’s challenges instead of the child’s, a negative characterization of doctors, and fund-raising activity. “Through one website,” the doctors noted, “we learned that the family used the donated money to buy expensive durable goods which would directly benefit the parents.”

The Everson family’s plans for a “sensory room” for Bubby would seem to put the boy’s interests first, but I’m pretty sure the doctors would not approve of fund-raising to fight the accusations, and I fear that the from-the-heart Facebook video that Brandi posted, after she realized what she was accused of, has already been deemed to place the emphasis on her pain instead of her child’s needs. I think this situation might be a legitimate circumstance for the adjective “Kafkaesque.” (Dec. 2015 update: The family has removed their presence from the web.)

Custody hearings for Bubby Everson concluded earlier this week, amid television coverage from Fox news and King 5 that give some insight into the specific charges. Bubby slept in a special bed with webbing around it, for example, which the state apparently characterized as an attempt to imprison him—his parents say the netting is to keep him safe, so he won’t fall on the floor during a seizure. The state also seems to have argued that Bubby does not have autism, as his parents have claimed, and that he does not need the orthotic boots, feeding tube, or wheel chair that are all part of his life. The parents provided medical records showing that their son has been treated for “autism spectrum disorder” and argued that the other interventions were all prescribed by medical professionals and paid for by state insurance.

The news reports I’ve seen of this case haven’t raised any questions about the overall reliability of a “medical child abuse” diagnosis. The hearing coverage from King 5, for example, featured an interview with an attorney and former CPS worker who said, “For a court to step in and get an order to remove a child, something very serious has happened… Quite honestly, most of the time it doesn’t rise to this level, where you get a team of doctors from Children’s stepping in. And so, that’s going to get the attention of the court. It certainly got the attention of the department.”

“Medical child abuse” and “caregiver-fabricated illness” are the new terms for what was once called “Munchausen syndrome by proxy,” a reference to the confabulations of the protagonist in a set of satirical tales from the 1700s inspired by a real-life baron who famously enjoyed recounting his exploits in the Russo-Turkish war. In Munchausen syndrome, a patient lies about his or her own symptoms. Munchausen by proxy, of course, means inventing an illness for someone else. Child abuse experts like Dr. Carole Jenny, who joined the Seattle Children’s Hospital staff in 2014, are encouraging the new terminology—the publicity for a 2008 book Dr. Jenny co-authored argues:

[T]he term Munchausen syndrome by proxy should be retired permanently and replaced with a commonsense appreciation that children can be abused by their parents in the medical environment. Physicians who find themselves providing unnecessary and harmful medical care can see the abuse for what it is, another way parents can harm children.

Dr. Jenny is also an outspoken proponent of shaken baby theory—she gave this talk in Tel Aviv in 2013 (only the introduction is in Hebrew; her presentation is in English).

I fear that we are now facing a wave of inaccurate “medical child abuse” diagnoses—consider, for example, Justina Pelletier, whose health continued to decline for 16 months before the courts rejected the advice of Boston Children’s Hospital and returned her to her parents last June. While Justina’s custody battle was still in the news, the web site Lifting the Veil, which focuses on reform of the child welfare system, posted this round-up of Munchausen by proxy diagnoses that turned out to be inaccurate.

Like shaken baby syndrome, the diagnosis of medical abuse rests on the subjective opinion of the child abuse experts, and it includes the assumption that the child’s caretakers are lying, a combination that makes me very nervous.

I’m not saying that medical child abuse doesn’t happen, only that it’s treacherous territory. Most disturbingly, the diagnosis, like shaken baby, is another opportunity for the families of children with rare or poorly understood medical conditions to be wrongfully accused of abuse.

June update: The judge ruled to keep Bubby Everson in foster care for now. His parents are preparing for a fact-finding hearing, and still maintaining their Bubby’s Journey and  Bring Bubby HOME Facebook pages.

December update: The family has taken down both their Facebook and GoFundMe pages.

 copyright 2015, Sue Luttner

If you are not familiar with the debate surrounding shaken baby syndrome, please see the home page of this site.

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