Is There Such a Thing as Shaken Baby Syndrome?
Posted: Saturday, August 05, 2006
by Robert Bennett
Law Office of Robert D. Bennett & Associates, PC
The opinions on this question range from absolutely and it happens all the time, to no there is no such thing. Many credible experts believe it is impossible to generate the biomechanical forces necessary to cause the type of injuries associated with these charges by shaking alone. We will examine those theories in a future column and discuss my opinion today, which lies in the middle range.
Most of the cases I have worked on have the trinity of symptoms, a subdural hematoma or sub-arachnoid hemorrhage, seizures, and bilateral retinal hemorrhages (see my website at http://www.sbslawyer.com/Symptoms_of_SBS.html for more info).
Even though these findings are verified by objective testing there are still physical injuries which, logically, should be found if a child is shaken with sufficient force to cause the hemorrhages. Typically, when an expert is explaining the force required to create these injuries their testimony goes something like this:
"The child has been shaken so hard that when the head flops backward, the rear of the skull will touch their back, and when the head flops forward, their chin will touch their chest".
This testimony is usually accompanied by a demonstration in which a doll is violently shaken in front of the jury, during and after which they look at the accused as if they were a monster.
But wait!
We are all taught that we must support a baby's head when we pick them up because their neck is not strong enough to support the weight of their head. It seems logical that if you are shaking a baby hard enough to fling the head back and forth as described by the "experts" and cause these physical conditions then you should have injuries to the neck, either herniated discs or fractured vertebrae, yet rarely are these found.
Also, how is the person holding the child to shake them? The experts and the prosecution usually hold the doll either by the arms or around the chest, yet, again, broken ribs or upper arms are rarely found when the allegations of shaking are made.
Does anyone ever injure a child by getting mad and shaking them? I believe the answer is yes.
Does it happen as often as people are charged with it?
I think, clearly, the answer is a resounding NO!
Posted by Robert D. Bennett from www.sbslawyer.com and www.bennettlawoffice.com
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