Tag Archives: Protecting Innocent Families

GMC Sanction Triggers Public Debate

SquierProfileNoCaption

Dr. Waney Squier

Last week’s decision by the General Medical Council (GMC) to remove pediatric neuropathologist Waney Squier from the medical register has triggered ongoing media coverage in the UK, including a number of voices speaking in her defense.

The GMC’s sanction followed a declaration earlier in the month by a tribunal that Dr. Squier was guilty of unprofessional conduct. Now she will no longer be allowed to practice or to testify as an expert witness.

Days after the tribunal announced its findings, human rights attorney Clive Stafford Smith published an opinion piece in The Guardian that likened the move to the papal inquisition of Galileo in 1615, a thought echoed a week later in the same forum, in a  letter to the editor signed by 25 medical and legal professionals in response to the GMC’s decision to strike her from the register.

Then The Guardian published a defense of the GMC process by Chief Executive Niall Dickson, who said critics had missed the point:

[T]he GMC is not and has no intention of being the arbiter of scientific opinion – the allegations we brought against Dr Squier did not rest on the validity of her scientific theory but upon her competence and conduct in presenting her evidence to the courts.

That same page contains more letters on both sides, including one by Susan Goldsmith, writer and co-producer of the film about shaking theory, The Syndrome. In another letter today, Clive Stafford Smith says that the charges were, in fact, about her opinion, not her behavior, and argues:

If we are right, then the people who mislead the court (albeit perhaps unintentionally) are those who purvey an unproven theory as fact.

Protecting Innocent Families (PIF), a non-profit that speaks on  behalf of wrongfully accused families, submitted a letter to the GMC in support of Dr. Squier, including an angle that I had not taken the time to address in my post about the decision earlier in the month:

The declaration also scolds Dr. Squier unfairly for her citations of the medical research. In one example, she cited the early biomechanical research of Dr. Anne-Christine Duhaime and colleagues (“The shaken baby syndrome: A clinical, pathological, and biomechanical study,” Journal of Neurosurgery 1987 66:409–415) to support her observation that shaking without impact has not been shown to generate sufficient forces to cause brain injury. The panel wrote that Dr. Squier had “completely misinterpreted what Duhaime had actually said,” a conclusion that baffles us. The Duhaime paper was a landmark in the field, because it was the first attempt to test shaking theory scientifically, and the results surprised even the authors, who wrote:

“It was concluded that severe head injuries commonly diagnosed as shaking injuries require impact to occur and that shaking alone in an otherwise normal baby is unlikely to cause the shaken baby syndrome.”

WindowLogoPIF also released their letter to the press, which led to some confusion, as one resulting story opened with the miscue that the PIF petition is in support of Dr. Squier: “Campaign group defends ‘dishonest’ doctor struck off medical register for ‘shaken baby’ evidence.” Christina England at Health Impact News also quoted generously, and more accurately, from the PIF materials in her treatment, “Shaken baby syndrome expert and world renowned pathologist banned from practicing medicine.” PIF has published the full text of its letter on its web site.

Both the BBC treatment of the decision against Dr. Squier and the coverage in New Scientist presented both sides of the debate, although some articles reported the GMC’s position without mentioning her supporters.

March 29 update: Columnist James Le Fanu at The Telegraph has posted an insightful item criticizing the GMC.

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

copyright 2016 Sue Luttner

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Filed under abusive head trauma, AHT, SBS, shaken baby, shaken baby syndrome, Uncategorized

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

Protecting Innocent Families: A Petition

zabethwCaptionA coalition of accused families and the professionals who defend them is asking for an objective scientific evaluation of today’s medical guidelines for diagnosing child abuse, specifically but not exclusively shaken baby syndrome.

“Our child-protection system is in crisis, right now,” says Jennie Aspelin, whose husband Kristian stood accused for two years of shaking their baby to death. “If anything good can come out of our nightmare, it will be through our advocating for change.”

In November of 2010, Kristian Aspelin told emergency responders he had slipped in the kitchen while carrying 3-month-old Johan. But the child abuse expert at San Francisco General Hospital told police that children do not receive serious injuries from short falls and, further, that John’s brain injury proved he had been shaken to death.

The county charged Kristian with murder. For two years, while Kristian and his wife had lost their baby, and their 3-year-old needed stability, Kristian was forced to live apart from his family while fighting the charges. In time, experts hired by the defense found compounding factors in the medical records and conducted biomechanical tests that demonstrated the fall Kristian described could cause serious injury. The county dropped the charges, leaving the Aspelins deeply in debt but reunited.

So now Jennie Aspelin is helping to spread the word about the Protecting Innocent Families petition, a project that grew out of the 2013 conference for families falsely accused of child physical abuse sponsored by the Evidence Based Medicine and Social Investigation group.

The petition has just gone live, on March 4. Organizers say they hope to gather signatures from 1,000 people who believe they have seen dogmatic thinking about child abuse result in accusations against innocent parents and caretakers. Dr. Charles Hyman and film maker Susan Goldsmith

“We’ve been fighting these cases one at a time for 30 years,” says retired pediatrician Dr. Charles Hyman, a petition proponent who once headed the child protection team at Loma Linda University Children’s Hospital. “I’m happy to see somebody trying to address the root of the problem.”

Dr. Hyman explains that the early child-abuse physicians, in their sincere efforts to protect children from possible violence, established a number of guidelines that entered the courtroom without being tested scientifically. Sometimes, he says, a hasty diagnosis of abuse derails what should be a thorough search for a medical condition that might produce or predispose to the same findings. He has seen physicians diagnose abuse based the presence of multiple fractures, for example, without first testing the child’s vitamin D levels.

The diagnosis of shaken baby syndrome is a particular problem, the petition argues. Doctors have been taught for decades that a certain pattern of bleeding and swelling inside the infant skull proves the child was violently shaken. But now improved technology and accumulated experience have demonstrated that the same findings can also result from any of a long and growing list of legitimate medical conditions, so far including stroke, sickle cell disease, anemia, vitamin deficiencies, metabolic disorders, certain kinds of infection, and accidental injury. (For case examples, please see the Cases page on the Protecting Innocent Families web site).

The petition, which will be submitted to the U.S. Congress and to equivalent bodies in other countries, asks for an objective scientific review of the child abuse literature, to establish which opinions are based on statistically significant research and which opinions have become common knowledge without scientific review.

The petitioners suggest that the National Academies of Sciences take on the job, as a follow-up to their important and influential 2009 review of forensics in the courtroom. This petition comes from the affected families at the same time that forensics professionals are raising objections about other aspects of forensic science.

For more information, please see the Protecting Innocent Families web site, https://protectinginnocentfamilies.wordpress.com/, and the Protecting Innocent Families petition, http://bit.ly/InnocentFamilyPetition.

Even Dr. A. Norman Guthkelch, the pioneering pediatric neurosurgeon who first proposed infant shaking as a trigger for brain bleeding, has said he is horrified at the dogmatic thinking that now prevails. For an interview with Dr. Guthkelch by Joe Shapiro of National Public Radio, see “Rethinking Shaken Baby Syndrome.” For his academic statement on the subject, see “Problems of Infant Retino-Dural Hemorrhage With Minimal External Injury.”

Law professor Deborah Tuerkheimer at Northwestern University has published her criticism of shaken baby syndrome in a number of academic articles as well as an op ed piece in The New York Times,Anatomy  of a Misdiagnosis,” and recently a text book, Flawed Convictions:  “Shaken Baby Syndrome” and the Inertia of Injustice.

For the trailer to a provocative documentary about the debate over shaken baby syndrome, please see the web site for The Syndrome.

Both print and broadcast media have been raising questions about SBS diagnoses for years now, including the Wisconsin State Journal, The Washington Post, the ABA JournalThe New York Times Magazine, the Canadian Broadcasting Company, the LA Weekly, The Atlantic, The Atlanta Journal-Constitution, Seattle Met, FRONTLINEDiscover,  The Chicago Tribune, and the Los Angeles Times.

The petition is on line at http://bit.ly/InnocentFamilyPetition

photos copyright 2015 Sue Luttner

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

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Filed under parents accused, SBS, shaken baby syndrome