STORY: "Court cases challenge 'Shaken Baby' diagnosis," by Associated Press reporter Sudhin Thanawala, published by the News Times. on February 14, 2016.
GIST: "A California jury convicted Alan Gimenez
of killing his infant daughter Priscilla after medical testimony
revealed what some doctors say is a tell-tale sign she had been shaken:
brain swelling and bleeding inside her skull and behind her eyes. More
than 20 years later, Gimenez still maintains his innocence, and is now
contesting his conviction in court on the grounds that the three
symptoms his daughter showed are no longer considered a clear indication
of abuse. "I never shook my daughter. I never abused her," said Gimenez, who was paroled in June after nearly 24 years in prison. The case before the 9th U.S. Circuit Court of Appeals
is among a spate of recent challenges to "shaken baby syndrome"
diagnoses that, like Gimenez's case, include a similar trio of symptoms
without evidence of neck injuries. Many of the cases also have no additional signs of abuse such as bruising or fractures. Defense
attorneys say new research discredits shaking as the most likely cause
of bleeding inside the skull and behind the eyes and brain swelling. But
medical experts are divided, with some still putting stock in the three
symptoms as a strong indicator of shaking or other abusive head trauma
even without other injuries. The court challenges have had some success...Gimenez's
attorneys say he took his daughter to the hospital on August 10, 1991
after she vomited and showed signs of a seizure. She died a few days
later, just 49 days old. What
the San Diego County jury that convicted Gimenez, now 47, didn't hear
was that the girl had been in an out of the hospital and had a blood
clotting problem, according to Gimenez's 2012 petition challenging his
conviction. Doctors who have since reviewed her medical records for the
defense conclude she likely had bleeding in her skull since birth, and
died of a stroke-like blood clot, Gimenez's attorneys say. Prosecutors stand by the shaken baby syndrome theory used in Gimenez's prosecution and cite a rib fracture on Priscilla's
body and a tear under her tongue as additional evidence of abuse. A
federal judge in 2013 recommended that Gimenez's petition be dismissed,
rejecting his contention that scientific advances in the understanding
of shaken baby syndrome show he is innocent. Gimenez's attorneys have appealed the dismissal to the 9th Circuit, which could issue a ruling any day now... The American Academy of Pediatrics
says bleeding inside the skull with brain injury and bleeding behind
the eyes are "hallmarks" of abusive head trauma such as shaken baby
syndrome, though it cautions that doctors have to consider additional
factors, including a child's medical history and other signs of injury. "The elements you look for and information you gather hasn't changed dramatically," said Robert Sege, a member of the Academy of Pediatrics' committee on child abuse and neglect.
Patrick Lantz, a professor of pathology at Wake Forest Baptist Medical Center in North Carolina, said the trio of conditions, including retinal hemorrhages, or bleeding behind the eyes, could just as easily manifest itself in cases where the child was accidentally dropped or has an infection or disease.
"People who tell me you can be really sure it's abuse based on the number, location and type of retinal hemorrhages and the presence of blood and swelling in the skull to me are probably about as scientific as a fortune teller reading tea leaves," he said."
Patrick Lantz, a professor of pathology at Wake Forest Baptist Medical Center in North Carolina, said the trio of conditions, including retinal hemorrhages, or bleeding behind the eyes, could just as easily manifest itself in cases where the child was accidentally dropped or has an infection or disease.
"People who tell me you can be really sure it's abuse based on the number, location and type of retinal hemorrhages and the presence of blood and swelling in the skull to me are probably about as scientific as a fortune teller reading tea leaves," he said."
http://www.newstimes.com/news/medical/article/Court-cases-challenge-Shaken-Baby-diagnosis-6828553.php
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/
