Category Archives: Shaken Baby Syndrome

FL Law Maker Likes TX Law Makers Decision

.jpg photo of Florida law maker concerned about misdiagnosis by medical professionals
Representative Anna Eskamani (D) of Orlando, Florida.

Florida parents wrongly accused of Child
Abuse by state experts is ‘shocking,’ says
lawmaker

TAMPA, FL  –  A Florida lawmaker believes the state’s medical experts on child abuse need more checks and balances after an I-team investigation revealed several pediatricians have made questionable calls against parents who appeared to have done everything right.

“Any position of authority that isn’t checked by something is concerning,” said Florida Democratic Representative Anna Eskamani of Orlando.  Eskamani was responding to our investigation that found several cases where child abuse pediatricians, who were hired to be the state’s experts on abuse, wrongly accused Florida parents of child abuse.

Child abuse pediatricians are a recent specialty medical field and hold enormous influence over whether a child’s medical condition is the result of abuse.  Their conclusions can also determine if a child needs to be removed from their parents. But court records show, these doctors don’t always make the right call causing children, often babies, to be removed from their parents for months unnecessarily.

Our investigation also found cases where doctors appeared to have come to far reaching conclusions without thorough investigations and, in other cases, where parents were arrested after a doctor’s conclusion of abuse.  In 2015, it happened to Jeremy Graham.

Graham, a firefighter and paramedic on Florida’s west coast, was arrested and charged with aggravated child abuse after a child abuse pediatrician determined his 4-month-old son’s seizure was caused by a brain bleed, the result of physical abuse, according to court records provided to us by Jeremy and his wife Vivianna.

About a month leading up to the seizure, the Grahams had visited several doctors because their son was vomiting and “wasn’t acting right,” said Vivianna.

After an 8-month fight, the state dropped its case against the Grahams over “insufficient evidence.”

Last year, Nydia Ortiz’s son and daughter-in-law were torn about from their newborn daughter after a child abuse pediatrician in Miami concluded their newborn daughter’s bruises were also the result of abuse.  Turns out, it was a rare genetic disorder.

It’s a problem impacting families around the country.

In Texas, recent media scrutiny has led some state lawmakers to consider introducing a bill next year that would require an independent second medical opinion in some cases before a child is separated from their parents.

“That system would provide the oversight and accountability that parents deserve in facing the potential of a false accusation of abuse,” said Eskamani.

Representative Eskamani believes the additional measure could make sense in Florida.  We found child abuse pediatricians who serve as medical directors of child protective teams in Florida often answer to no one and operate independently from region to region.

THE FLORIDA INVESTIGATIVE TEAM

Last summer, Vadim Kushnir and his wife found themselves on the defense after seeking help for their newborn son, who was having seizures.  A state child abuse pediatrician determined their newborn’s seizures were “the result of shaken baby or blunt force trauma,” according to court records.

“It took them two minutes of investigation to say we were abusers,” said Kushnir.

The Kushnirs fought back spending $30,000 on attorneys and experts who argued the baby’s condition resulted from a complicated birth not abuse.

The judge agreed and in the final order, even criticized the state’s doctors for not knowing their month old son wasn’t breathing at birth, the umbilical cord wrapped tightly around his neck.  One doctor who provided testimony admitted he “never reviewed all his medical records,” according to court records.

With the legislative session starting this week, Eskamani says it may be too late to file legislation here this session, but she vows to bring up the issue in Tallahassee and invites other families to share their stories with her of being torn apart and wrongly accused.

Contact Representative Eskamani

“The doctor was probably in the room with us less than 10 minutes,” said Vivianna Graham.  “It’s just sad,” added her husband Jeremy whose son, Tristan, is now a healthy 4-year-old.

The Florida Department of Health oversees child abuse pediatricians who serve as experts for the state.  According to an agency spokesperson, their top priority is the health and safety of children but says child protective teams are open to receiving input from others who are also involved in protecting the health and safety of Florida’s children.

Shaken Baby Syndrome/Abusive Head Trauma

.jpg photo of Child Abuse graphic
Never shake a Baby for any reason, nor raise your voice to one.

SBS/AHT is the leading cause of physical
Child Abuse in the U. S.

OVERVIEW

Shaken baby syndrome — also known as abusive head trauma, shaken impact syndrome, inflicted head injury or whiplash shake syndrome — is a serious brain injury resulting from forcefully shaking an infant or toddler.

Shaken baby syndrome destroys a child’s brain cells and prevents his or her brain from getting enough oxygen.  Shaken baby syndrome is a form of child abuse that can result in permanent brain damage or death.

Shaken baby syndrome is preventable.  Help is available for parents who are at risk of harming a child.  Parents also can educate other caregivers about the dangers of shaken baby syndrome.

SYMPTOMS

Shaken baby syndrome symptoms and signs include:

  • Extreme fussiness or irritability
  • Difficulty staying awake
  • Breathing problems
  • Poor eating
  • Vomiting
  • Pale or bluish skin
  • Seizures
  • Paralysis
  • Coma

You may not see any signs of physical injury to the child’s outer body.  Sometimes, the face is bruised.  Injuries that might not be immediately seen include bleeding in the brain and eyes, spinal cord damage, and fractures of the ribs, skull, legs and other bones.  Many children with shaken baby syndrome show signs and symptoms of prior child abuse.

In mild cases of shaken baby syndrome, a child may appear normal after being shaken, but over time he or she may develop health or behavioral problems.

WHEN TO SEE A DOCTOR

Seek immediate help if you suspect your child has been injured by violent shaking. Contact your child’s doctor or take your child to the nearest emergency room. Getting medical care right away may save your child’s life or prevent serious health problems.

Health care professionals are legally required to report all suspected cases of child abuse to state authorities.

CAUSES

Babies have weak neck muscles and often struggle to support their heavy heads.  If a baby is forcefully shaken, his or her fragile brain moves back and forth inside the skull.  This causes bruising, swelling and bleeding.

Shaken baby syndrome usually occurs when a parent or caregiver severely shakes a baby or toddler due to frustration or anger — often because the child won’t stop crying.

Shaken baby syndrome isn’t usually caused by bouncing a child on your knee, minor falls or even rough play.

RISK FACTORS

The following things may make parents or caregivers more likely to forcefully shake a baby and cause shaken baby syndrome:

  • Unrealistic expectations of babies
  • Young or single parenthood
  • Stress
  • Domestic violence
  • Alcohol or substance abuse
  • Unstable family situations
    Depression
  • A history of mistreatment as a child

Also, men are more likely to cause shaken baby syndrome than are women.

COMPLICATIONS

Even brief shaking of an infant can cause irreversible brain damage.  Many children affected by shaken baby syndrome die.

Survivors of shaken baby syndrome may require lifelong medical care for conditions such as:

  • Partial or total blindness
  • Developmental delays, learning problems or behavior issues
  • Intellectual disability
  • Seizure disorders
  • Cerebral palsy

PREVENTION

New parent education classes can help parents better understand the dangers of violent shaking and may provide tips to soothe a crying baby and manage stress.

When your crying baby can’t be calmed, you may be tempted to try anything to get the tears to stop — but it’s important to always treat your child gently.  Nothing justifies shaking a child.

If you’re having trouble managing your emotions or the stress of parenthood, seek help.  Your child’s doctor may offer a referral to a counselor or other mental health provider.

If other people help take care of your child — whether a hired caregiver, sibling or grandparent — make sure they know the dangers of shaken baby syndrome.

Source:  Mayo Clinic Staff
https://www.mayoclinic.org

Domestic Violence Big Part Of Utah Child Abuse Case

.jpg photo of man that made death threats toward child to mother
Daniel Mercer, 28

Utah couple charged with child abuse
after 3-month-old girl suffers broken bones, brain bleeding and severe burns

SPANISH FORK, UT  –  A Spanish Fork couple was charged Friday after their three-month-old child was taken to the hospital with bad burns on her body, and other injuries consistent with child abuse, investigators said.

According to a probable cause statement released by the Utah County Sheriff’s Office, officers were contacted by the Department of Child & Family Services to investigate an aggravated child abuse case involving a three-month-old girl.

Investigators went to the University of Utah, where doctors said the baby had second-degree burns on her hand, two broken bones, brain bleeding consistent with shaken baby syndrome and a possible detached retina in her eye.

Doctors determined that the injuries the baby sustained were inflicted over the course of two weeks prior to her being admitted to the hospital, the statement said.

.jpg photo of abused child's mother
Whitney Huber, 30

The parents, identified as Whitney Huber, 30, and Daniel Mercer, 28, spoke with police about the incident, according to court documents.

After being interviewed by police, Mercer admitted to “recklessly causing the burns to his infant daughter’s left hand.”

“Daniel admitted to making death threats to the child and telling Huber when they fought on two recent occasions that he would, ‘kill the baby and make her watch as the baby died.’” the statement said.

Neither Huber or Mercer would tell police how the infant sustained the other injuries doctors said she had, police stated.

Mercer was charged Friday with two counts of child abuse – inflict serious physical injury intentionally, both second-degree felonies, possession of a controlled substance, a class-A misdemeanor and use or possession of drug paraphernalia, a class-B misdemeanor.

Huber was charged one count of child abuse, inflict serious physical injury recklessly, a third-degree felony.

Support is available 24/7 in Utah for those dealing with domestic violence.  Visit the Utah Domestic Violence Coalition online or call 1-800-897-5465 for resources and assistance.  In an emergency, dial 911.

Justice for KS Toddler Cooper Clark

.jpg photo of Father sentenced to 30 years for abuse and murder of Son
Benny Clark was charged with Child Abuse and first-degree murder in the death of his 6-month-old son.

After Kansas child’s death, father
sentenced to 30 years in prison for
abuse, murder

The father of a Kansas boy who died in August 2017 was sentenced to 30 years in prison after he pleaded guilty to second-degree murder and child abuse.

Benny William Clark, 23, of Reece, pleaded guilty in March to intentional second-degree murder and child abuse, Kansas Attorney General Derek Schmidt said in a release Thursday.

He was sentenced to 364 months in the Kansas Department of Corrections.

Clark had been charged in August with first-degree murder in the death of his 6-month-old son, Cooper Clark,  The Eagle reported at the time.

Greenwood County Sheriff Heath Samuels had said deputies were called to the emergency room at the county hospital, where they were told the infant had injuries inconsistent with the parents’ story.

In court, Clark said he “vigorously shook” Cooper for 6 to 7 seconds after the baby took off his diaper and urinated over his bedding, the Eureka Herald and Emporia Gazette reported.

Clark also said that he was putting a fresh diaper on Cooper when he fell off an ottoman and hit his head.

The Wichita Police Department’s Exploited and Missing Child Unit assisted the Greenwood County Sheriff’s Office with the investigation.

Every State Should Have Sophies Law

.jpg photo of child abused by babysitter
Sophie was abused by her babysitter at just four months old.

NKY mom ‘heartbroken’ by 3-year-old’s case pushes for child abuse registry

BELLEVUE, KY  –  A Northern Kentucky mother said cases like her daughter’s, and a case from last week in Butler County, are the reason she’s fighting to create a child abuse registry in Kentucky.

The new 2018 bill has been dubbed ‘Sophie and Kylie Jo’s Law’

She said her daughter was abused by her babysitter at just four months old.

Jennifer Diaz said her heart is broken for the family of Hannah Wesche.

Sheriff: 3-year-old ‘hanging on by a thread;’ babysitter charged with abuse

She worked with lawmakers in Kentucky last year to help create a child abuse registry, but the bill died.

Now, she is working with them again and hopes a new bill could make it a reality.

“Society needs to know who these horrible human beings are,” Diaz said.

Jennifer and her daughter, Sophie, have been sharing a story of abuse for years, hoping to save young ones from being hurt by someone they trust.

“We were fortunate that, you know, we’re survivors.  My child is a survivor,” Diaz said.

Sophie is in preschool these days, but she was four months old when her babysitter, Desiree Rankin, abused her, sending her to the hospital.

Rankin was convicted and sentenced in the case.

Jennifer said her heart broke when she saw 3-year-old Hannah’s story.

Investigators said Wesche was abused in Butler County on Thursday, to the point she isn’t expected to survive.

She’s currently in intensive care at Cincinnati Children’s Hospital and her family says she is brain dead.

Hannah’s babysitter, Lindsay Partin, was arrested but is out of jail.

Jennifer said she prays for Hannah’s family.

“You fight, you fight and get that justice that child deserves and just keep fighting,” Diaz said.

Diaz and her daughter are fighting too, to stop babysitters who’ve been convicted in similar crimes from ever doing it again.

Last year, Diaz worked with lawmakers in Kentucky to help create a child abuser registry.

She testified in Frankfort, but the 2017 bill died.

Now, she’s working with lawmakers in the 2018 session.

She testified just last week, with Sophie by her side.

“I’ll go 100 times if I have to, you know, whatever it takes to pass this law, it’s going to get passed,” Jennifer said.

Jennifer said the registry would operate much like the sex offender registry, with information online.

She said there are some big hurdles ahead, including figuring out ways to pay for the registry everyone can agree on.

The new bill has been dubbed “Sophie and Kylie Jo’s Law,” in honor of the two girls who were abused by their babysitters.

It has now been referred to the House Rules Committee.