Thursday, March 11, 2010

Letter to the Editor: MN Medicine In Defense of Dr. John Plunkett Who Disagrees With Shaken Baby Syndrome

Thank God others are standing up against theories proven to be wrong but continued to be the cause of many innocent people getting locked away.



March 2010


Letters to the Editor


In our August 2009 issue, we published the article “Challenging an Assumption” (p. 29), which was a profile of Dr. John Plunkett, a Minnesota pathologist who questions the validity of the shaken baby syndrome diagnosis. In January, we received and published a letter critical of our article and of Dr. Plunkett’s views (p. 5). That letter was signed by members of the international advisory board of the National Center on Shaken Baby Syndrome. Since then, we have received numerous letters taking issue with their letter and the views of its signers. Clearly, we have touched a nerve in writing about this issue. Our intent for the story about Dr. Plunkett was neither to validate nor to denigrate his work. We merely wanted to highlight the fact that a Minnesota physician is taking part in a highly controversial debate that has ramifications for medicine and the legal system. Below are some of the letters we have received recently on this topic. Others can be viewed online at www.minneotamedicine.com.

—the editors

Growing Body of Contrary Evidence

In your January 2010 issue, nine doctors, a prosecutor, and a police detective—all of whom are associated with the National Center on Shaken Baby Syndrome, an advocacy group devoted to the promotion of “shaken baby” theory—attacked Dr. John Plunkett, who was featured in the August 2009 issue of Minnesota Medicine. Dr. Plunkett has spent his recent career applying basic biomechanical and medical principles to shaken baby syndrome (SBS) and testifying, if needed, when accused parents or caretakers are confronted with unproven or demonstrably incorrect medical claims. Because of his work and research by others, the literature on SBS has changed substantially since 2000, forcing major changes in the SBS position papers of the major medical organizations. In their 2010 letter, the representatives of the National Center on Shaken Baby Syndrome claim that Dr. Plunkett’s findings are based on “belief” rather than “evidence.” In fact, doctors have been diagnosing SBS for nearly 40 years without an adequate scientific basis—and in the face of a growing body of contrary evidence.
In the 1970s, “shaking” was advanced as a theory to explain a triad of findings (subdural hemorrhage, retinal hemorrhage, and/or brain swelling) that is sometimes seen in infants or children who have no signs of trauma. The theory was that shaking caused these findings by rupturing bridging veins and tearing the axons within the brain. In 1987, Dr. Ann-Christine Duhaime, a neurosurgeon working with biomechanical engineers at the University of Pennsylvania, attempted to prove that shaking could cause these injuries. However, her study
showed the opposite: The forces of shaking fell well below established injury thresholds and were 1/50th the force of impact, including impact on soft surfaces.1

Despite these findings, many doctors continued to testify that shaking was the primary or sole cause for the triad of symptoms and that it would take a fall from a multistory building to cause these findings. In 2001, Dr. Plunkett disproved this premise in an article that included a videotaped fall of a toddler from a 28-inch plastic indoor play structure that resulted in subdural hemorrhage, retinal hemorrhage, and death.2 This videotape proved definitively that short falls can cause the triad and are sometimes fatal. Although SBS proponents initially suggested that the videotape had been altered, Dr. Case (one of the signatories to the attack on Dr. Plunkett) has acknowledged the validity of the videotape, which has been shown in courtrooms and at teaching seminars in the United States and England.3 Numerous biomechanical studies have further confirmed that the force from short falls meets the injury thresholds, while shaking does not.4-6

Short falls are not the only cause of medical findings previously attributed to shaking. Studies by Dr. Jennian Geddes published in Brain, England’s leading neurology journal, from 2001 and 2003 found that the brain injuries of allegedly shaken children were generally hypoxic rather than traumatic in origin, and that subdural hemorrhages are also found in natural deaths.7,8 In 2002, Drs. Hymel, Jenny, and Block (two of whom signed the attack on Dr. Plunkett) listed the alternative causes for findings previously attributed to shaking or inflicted head trauma as accidental trauma; medical or surgical interventions; prenatal, perinatal, and pregnancy-related conditions; birth trauma; metabolic, genetic, oncologic, or infectious diseases; congenital malformations; autoimmune disorders; clotting disorders; the effects of drugs, poisons, or toxins; and other miscellaneous conditions.9 A 2006 text on abusive head trauma in infants and children (co-edited by Dr. Alexander, another signatory to the attack on Dr. Plunkett) and a 2007 review article by Patrick Barnes, professor of radiology at Stanford University and chief of pediatric neuroradiology at Lucile Salter Packard Children’s Hospital, are in accord.10 Despite this consensus, hundreds to thousands of parents and caretakers have been imprisoned based on testimony by doctors that subdural hemorrhages, retinal hemorrhages, and/or brain swelling are diagnostic of abuse, with little or no regard to the alternatives, including short falls and natural causes.

At the same time, many doctors and academics have recognized that the real problem lies in the lack of an evidence base for shaken baby theory. In 2003, a review article by Dr. Mark Donohoe found that “[T]he evidence for SBS appears analogous to an inverted pyramid, with a small data base (most of it poor-quality original research, retrospective in nature, and without appropriate control groups) spreading to a broad body of somewhat divergent opinions.” 12 In 2006, the National Association of Medical Examiners withdrew its position paper on shaking, and its annual conference included presentations with titles such as “‘Where’s the Shaking?’: Dragons, Elves, the Shaking Baby Syndrome, and Other Mythical Entities” and “Use of the Triad of Scant Subdural Hemorrhage, Brain Swelling, and Retinal Hemorrhages to Diagnose Non-Accidental Injury is Not Scientifically Valid.” In subsequent publications, Dr. Waney Squier of Oxford University, one of England’s leading neuropathologists, and Dr. Jan Leestma, author of the textbook Forensic Neuropathology, similarly concluded that the evidence base for shaken baby syndrome is lacking.13,14 None of this material is addressed or cited in the attack on Dr. Plunkett. 

The problem, in short, is not that Dr. Plunkett was wrong; the problem is that he was right. Over the past decades, hundreds to thousands of caretakers—many of whom are innocent—have been convicted based on theories that lack a scientific basis. These convictions must now be revisited.  Of course children are abused. But there are many ways to abuse children, one of which is ripping them from their families and imprisoning their parents and caretakers based on misdiagnoses of abuse. We therefore urge the medical profession to join us in developing a calm, rational and evidence-based approach to pediatric head injury and child death.

Heather Kirkwood, J.D.
Seattle, Washington

Barry S. Scheck, J.D.
Co-director, Innocence Project

Benjamin N. Cardozo School of Law
New York City

Keith Findley, J.D.
President, Innocence Network

Co-director, Wisconsin Innocence Project
University of Wisconsin Law School

Madison, Wisconsin
Bridget McCormack, J.D.

Co-director, Michigan Innocence Clinic
University of Michigan Law School

Ann Arbor, Michigan
Julie Jonas, J.D.

University of Minnesota Innocence Clinic
Managing Attorney, Innocence Project of Minnesota

Minneapolis, Minnesota
Jacqueline McMurtrie, J.D.

Director, Innocence Project Northwest Clinic
University of Washington School of Law Seattle, Washington

References

1. Duhaime AC, Gennarelli TA, Thibault LE, Bruce DA, Margulies SS, Wiser R. The shaken baby syndrome. A clinical,

pathological, and biomechanical study. J Neurosurg 1987;66(3):409-15.

2. Plunkett J. Fatal pediatric head injuries caused by short-distance falls. Am J Forensic Med Pathol 2001;22(1):1-12.

3. Seventh North American Conference on Shaken Baby Syndrome (Abusive Head Trauma), Vancouver, B.C. October

2008.

4. Ommaya AK, Goldsmith W, Thibault L. Biomechanics and neuropathology of adult and paediatric head injury. Br J

Neurosurg 2002;16(3):220-42.

5. Prange MT, Coats B, Duhaime AC, Margulies SS. Anthropomorphic simulations of falls, shakes, and inflicted impacts

in infants. J Neurosurg 2003;99(1):143-50.

6. Goldsmith W, Plunkett J. A biomechanical analysis of the causes of traumatic brain injury in infants and children. Am

J Forensic Med Pathology 2004;25(2):89-100.

7. Geddes JF, Hackshaw AK, Vowles GH, Nickols CD, Whitwell HL. Neuropathology of inflicted head injury in children,

I and II. Brain. 2001;124(part 7):1290-8.

8. Geddes J, Tasker RC, Hackshaw AK, et al. Dural haemorrhage in non-traumatic infant deaths: does it explain the

bleeding in ‘shaken baby syndrome’? Neuropathol Appl Neurobiol 2003;29:114-22.

9. Hymel KP, Jenny C, Block RW. Intracranial hemorrhage and rebleeding in suspected victims of abusive head trauma:

addressing the forensic controversies. Child Maltreat 2002:7(4):329-48.

10. Frasier L, Rauth-Farley K, Alexander R, Parrish R. Abusive Head Trauma in Infants and Children: A Medical,

Legal, and Forensic Reference. G.W. Medical Publishing, Inc.; St. Louis, MO: 2006.

11. Barnes PD, Krasnokutsky M. Imaging of the central nervous system in suspected or alleged nonaccidental injury,

including the mimics. Top Magn Reson Imaging 2007;18:53-74.

12. Donohoe M. Evidence-based medicine and shaken baby syndrome part I: literature review, 1966-1998. Am J Forensic

Med Pathol 2003;24(3):239-42.

13. Squier W. Shaken baby syndrome: the quest for evidence. Dev Med Child Neurol 2008;50(1):10-4.

14. Leestma J. Forensic Neuropathology, Second ed. CRC Press; Chicago: 2009.


Circular Reasoning

We read with interest Kate Ledger’s article “Challenging an Assumption: A pathologist questions shaken baby syndrome” (Minnesota Medicine, August 2009) and the response of Drs. Alexander, Barr, Block, et al. (January 2010).

Dr. Block and his cosigners complain that Ms. Ledger ignored the enormous body of international peer-reviewed medical literature about shaken baby syndrome. Much of this literature exhibits circular reasoning, selection bias, or misrepresents the data. Of the 14 references they cite, six are unsystematic reviews or consensus statements that mingle opinion with fact and add no original supporting evidence. Two are based on data described by the authors as “explorative.” Those authors suggest that “further surveillance ... and modelling will be required.” Two are invalidated by insufficiently robust criteria to reliably diagnose abuse and one by failure to address the fundamental methods on which the study was based.

Dr. Block and his cosigners suggest that this literature “consistently and repeatedly supports the concept of shaken baby syndrome.” We do not disagree with this but would point out, as Ms. Ledger clearly did, that supporting a concept is far from demonstrating the scientific basis for it.
Just as disturbing as the literature Block and his cosigners cite is the indignation they expressed that someone should challenge their opinions as medical “experts” in a court of law—as if theyare somehow exempt from the human tendency for cognitive errors in medical decision making. What scientist is afraid of debate that is crucial to our understanding of evolving ideas?

Fortunately, medicine has never been static. There is much to learn about the pathophysiology of infant brain trauma. We cannot make up for this lack of knowledge by reiterating opinion and poor data: Ignoring new evidence and failing to question and engage in debate is a dereliction of our duties to our patients and their families.

Waney Squier, FRCP FRCPath
Consultant neuropathologist
John Radcliffe Hospital
Oxford, United Kingdom

Julie Mack, M.D.
Assistant professor of radiology
Penn State Hershey Medical Center
Hershey, Pennsylvania

Patrick E. Lantz, M.D.
Professor of pathology
Wake Forest University
Winston-Salem, North Carolina

Patrick D. Barnes, M.D.
Chief of pediatric neuroradiology
Lucile Packard Children’s Hospital
Stanford University Medical Center
Stanford, California

Irene Scheimberg, M.D.
Paediatric and perinatal pathologist
The Royal London Hospital
London, England

James T. Eastman, M.D.

Clinical professor of pathology and laboratory medicine
University of Wisconsin
Madison, Wisconsin

Marta Cohen, M.D.
Sheffield Children’s Hospital NHS Foundation Trust
Sheffield, United Kingdom

Peter J. Stephens, M.D., FCAP
Forensic pathologist
Burnsville, North Carolina

Darinka Mileusnic-Polchan, M.D., Ph.D.
Medical Examiner for Knox and Anderson Counties
Regional Forensic Center
University of Tennessee Medical Center Knoxville, Tennessee


Persuasive Evidence and a Theory

I serve on occasion as an expert witness for the defense in shaken baby syndrome (SBS) cases. That is a matter I disclose as a potential conflict of interest. I wish the writers of the letter in your January 2010 issue had done the same.

When I cast doubt on the validity of SBS, I cite the original literature. In my judgment, SBS is so lacking in evidence, it is hard to understand how the hypothesis ever gained traction.1,2

I cite a review of seminal SBS literature up to 1998. It concluded the evidence was inadequate.3 I cite Ommaya, et al., who did the original work on whiplash biomechanics that debunks the SBShypothesis.4 I cite experimental work that indicates forces generated by manual shaking are an order of magnitude less than forces of impact, and less than the threshold for injury.5 I cite an article that states the neck should be destroyed if manual shaking were capable of producing brain damage.6 I have seen no case in which neck injury was observed.

Finally, I cite my own hypothesis. It is untested, just as the SBS hypothesis is untested. If the forces of shaking are sufficient to cause brain damage, the thumbs of the shaker and the places where the thumbs are applied on the victim should be conspicuously injured. They are not.

Edward N. Willey, M.D.
St. Petersburg, Florida

References

1. Guthkelch AN. Infantile subdural haematoma and its relationship to whiplash injuries. Br Med J 1971;2(5759):430-1.

2. Caffey J. On the theory and practice of shaking infants. Its potential residual effects of permanent brain damage and

mental retardation. Am J Dis Child 1972;124(2):161-9.

3. Donohoe M. Evidence-based medicine and shaken baby syndrome: part I: literature review, 1966-1998. Am J Forensic

Med Pathol 2003;24(3):239-42.

4. Ommaya AK, Goldsmith W, Thibault L. Biomechanics and neuropathology of adult and paediatric head injury. Br J

Neurosurg 2002;16(3): 220-42.

5. Duhaime, AC, Gennarelli TA, Thibault LE, et al. The shaken baby syndrome. A clinical, pathological, and

biomechanical study. J Neurosurg 1987;66(3): 409-15.

6. Bandak FA. Shaken baby syndrome: a biomechanics analysis of injury mechanisms. Forensic Sci Int 2005;151(1):71-9.

Wednesday, February 10, 2010

Are mothers natural protectors or baby killers? SBS Falsely Accused

http://www.weeklyblitz.net/461/are-mothers-natural-protectors-or-baby-killers


For many years around the world, doctors, scientists and professors of medicine have been debating as to whether 'Shaken Baby Syndrome' or SBS as it is known, actually exists. For a diagnoses of SBS a baby will need to display a serious acquired brain injury, which is said to be caused when a frustrated or angry adult holds an infant or toddler by the trunk or arms and shakes back and forth in a jerking, whiplash motion. Most cases occur in children under one year of age, although there are documented cases of SBS in older children.


Shaken Baby Syndrome" (SBS) is the term used to describe the collection of signs and symptoms resulting from a child being shaken violently. However, Shaken Baby Syndrome is sometimes difficult to recognize and even more difficult to prove. Which is why many parents claim they have been falsely accused. The doctors say the reason for this is, that many babies who are shaken show no outward signs of abuse, their injuries only become evident when a CT scan or MRI of the head detects subdural haematomas. Another test used in SBS to detect injuries is a simple eye exam, which can detect the presence of retinal haemorrhages. Which doctors claim is another symptom of a shaken baby.

However, common sense tells us, that if a baby was shaken this hard there were be at least some bruising. Sadly it seems that this does not convince doctors as more and more parents are being accused of SBS, which is worrying some doctors, especially as many of these cases are occurring shortly after vaccines and seem to occur particularly in the two to four month age range.

Dr Viera Scheibner in Shaken Baby Syndrome Diagnoses on Shaky Ground said:-

"An epidemic of accusations against parents and baby sitters of Shaken Baby Syndrome is sweeping the developed world. The United States and the United Kingdom are in the forefront of such questionable practise. Brain (mainly subdural, less often subarachnoid) and retinal haemorrhages, retinal detachments and rib and other bone 'fractures' are considered pathognomic. However, the reality of these is very different and well documented: the vast majority occur after the administration of childhood vaccines and a minority of cases are due to the documented birth injuries and pre-eclamptic and eclamptic staes of the mothers."

So why are more parents than ever being falsely accused of shaking their babies? Is it one big cover up, to hide that many of these injuries are being caused by the vaccines?

Dr Buttram believes that all parents accused of Shaken Baby Syndrome are 100% innocent as he believes the syndrome is physiologically impossible.

In an email to me he said:-

"As far as I am concerned, parents accused of shaken baby syndrome are 100 percent innocent, as the syndrome is physiologically impossible, having been totally discredited by the scientific (Ph.D.) speciality known as bio-engineers, which has found that if such violent shaking were actually taking place, it would be fatal in virtually all cases, not from head injury but from a broken neck. The same is true for multiple fractures in infants, the vast majority of which are from metabolic bone disease,.the biggest risk factors being congenital rickets (vitamin D deficiency) and prematurity."

Harold Buttram, MD

In a paper written by him on SBS called Shaken Baby Syndrome and Non-Accidental Injury: Are Parents and Caretakers Being Falsely Accused Dr Buttram proves his theories by using examples of experiments that have been used to dispel the theory. He shows how an experiment on monkeys used to show how babies can have bleeding inside the brain with no sign of any other injury, which has since been used to prove SBS cases, actually falls down because there is no comparison between the head and neck of an adult monkey and the head and neck of a small infant child who is barely able to hold their head up.

Quoted from his paper he says:-

"As pointed out in the Uscinski report,(1) the brain and head of an infant is nearly seven times larger and heavier than that of a monkey. In addition, adult monkeys are known to be incredibly strong, approximately four times stronger than humans. There would be no comparison, therefore, between the neck muscle strength of an adult monkey and that of an infant, barely able to hold up his or her head by age six months, so that if violent shaking were actually taking place, the incidence of neck injuries in the SBS should be exponentially greater than in monkeys. With these facts in mind consider the following:

Most SBS cases in the USA take place during the first six months of life, when there are negligible infant neck muscles. As will be shown further on, the major impact of violent shaking would fall at the junction between the base of the skull and brainstem area and upper cervical spinal cord. In most if not all nstances this would result in instant death or paraplegia from brain stem or cervical spinal cord injuries.

11 of the 19 monkeys (over 50 percent) in the Ommaya experiments had significant neck as well as brain injuries.

Although human brain injuries may occur in rear-end vehicle collisions, whiplash injuries to the neck comprise an overwhelming majority of adult injuries, in which ligaments and muscles are torn, resulting in estabilization of the cervical (neck)vertebral column. Since infants have only rudimentary neck muscles and connective tissues as cushions, the full impact of shaking would fall on the highly vulnerable cervical spinal cord at the base of the brain, which almost certainly would cause death or paraplegia.

In view of these considerations, one would expect a far greater incidence of severe cervical skeletal and spinal cord injuries in infants than took place in the monkeys, and yet this type of injury has not been documented in any SBS case to date. In view of these

facts, the Shaken Baby Syndrome theory defies both reason and common observation. As a simple statement, it is physiologically impossible.

As a final observation concerning "Non accidental Injury," in which it is assumed that there is a head impact in the process of shaking, there must be substantiating evidence in the forms of head/scalp bruising and/or subgaleal (scalp) hematoma in order to justify such an assumption."

Dr Buttrams papers and his evidence has been used in many cases.

Over the years it has been proven that vaccines have been the cause of the death of babies and have caused symptoms seen in cases of SBS. The most famous of those being that of Alan Yurko. The Yurko Project: Triumph Over Tragedy tells the tragic story of baby Alan. Alan died aged 2 months of suspected SBS, his father was accused of his murder and given a life sentence plus 10years. Alan had always been a sickly baby. One should always question whether a baby this sick should be given multiple vaccinations all at one time.

This is from one website and is written by his mother:

"Alan and Francine Yurko's baby boy, Alan, was born on September 16, 1997. Francine's pregnancy was severely compromised with refractory and recurrent E. coli infection, gestational diabetes, group b Streptococcal infection, and an overall weight gain of only two pounds. Labor was induced at 35 weeks because of life-threatening oligohydramnios (loss of amniotic fluid). Baby Alan was born grayish blue with respiratory distress and hypoglycemia. He spent the first week of his life in the Neonatal Intensive Care Unit and Special Nurseries, where his parents spent their days with him until his release. A breathing monitor was sought because Baby Alan was rasping and grunting; however, insurance would not cover it, and the doctors assured that it wasn't necessary.

Over the next six weeks, the family went to weekly pediatrician visits. Baby Alan was seriously jaundiced during his entire neonatal period, and was still rasping and grunting with short periods of apnea. In addition, on November 2, 1997, Alan and Francine rushed the baby to the hospital late in the night because they noticed blood on a burp rag. He was examined by several doctors and nurses, and it was decided that he must have scratched the inside of his nose with his fingernails. Francine pointed out that his fingernails were very trimmed and that, as a preemie, her baby didn't have such muscle control to have scratched himself. However, the doctors disregarded the concerns, and remarks were made about being "overprotective parents."

On November 11, 1997, at his weekly pediatrician visit, baby Alan was still not well: He was congested, rasping and grunting, and he had abnormal bowel movements. Despite this and other concerns, such as prematurity, he was injected with six vaccines. Within 24 hours he became lethargic, feverish, fussy. His feeding and sleeping patterns were markedly reduced and changed. The doctor warned that he could be this way for a week or so, but not to worry because it´s "normal" for some babies after their vaccinations. This desensitized the parents to those reactions.

Over the next ten days, baby Alan's condition did not improve, and he then developed a high-pitched cry. Francine and Alan became concerned, but the doctor said this was normal, and they'd already been chastised for being "overprotective." On November 23, 1997, they decided that if baby Alan did not improve, they would take him to the pediatrician the next day after Francine returned from work. They never got the chance."

Alan his father spent over six years in prison for his murder but eventually was freed on appeal when it was found that a combination of adverse reactions to vaccines and the drug Heparin caused his death and it was not SBS.

Dr Mohammed Ali Al-Bayati PhD, DABT, DABVT had this to say:-

My review of the medical evidence in baby Alan's case clearly shows that he died as result of adverse reactions to vaccines and medications. The tissue bleedings were caused by his treatment of heparin following his respiratory/cardiac arrest. The medical examiner and other physicians who evaluated failed to consider heparin's ability to cause bleeding in tissue. They also overlooked the role of the adverse reactions to vaccines in the baby's health problems. Detailed descriptions of the clinical data and other medical literature explaining the pathogenesis of the baby's illness and supporting my conclusions are presented in this report. Analysis of Causes That Led to the Bleedings in the Subdural Spaces and Other Tissues in Baby Alan Ream Yurko´s Case

In March 2010 another case very similar to the case of baby Alan Yurko goes to court. This is the case of baby T who became ill less than 48 hours after he received a selections of vaccines. His mother Emily says:-

"This story begins August 13th, the day he received his shots. He received his DTaP-IPV-HIB, second dose of Hep B, and oral rotavirus vaccines. Less than 48 hours later, on August 15th, T***** began projectile vomiting. He would not keep much of anything down. I took him in to the local ER, where they rehydrated him and sent him home. He kept vomiting. I took T***** in again on August 18th to the ER. The doctors checked him for pyloric stenosis, which was found to not be ailing him. The doctors suggested switching his formula, that perhaps he was becoming intolerant of the formula he was on. No other explanation was offered as to why he kept vomiting. I followed up with his pediatrician August 21st, and again he could not offer any explanation for his vomiting. I had been feeding him often, and with smaller amounts. He would keep the feeding down for a while, and then sometimes vomit at the next feeding. It was almost always projectile. He was progressively sleeping more and when he was awake, he seemed fussier, almost in pain.

Early morning August 24th, 2009, T***** was at home with his father, Patrick. I work 3rd shift and was at work. T******s older brother and sister were also home sleeping. Patrick called me at work, saying T*******had awoken him with a high-pitched screaming and was acting funny. He said he was pale and crying in a whining fashion. He wasn't sure what was going on with him. He was later holding him when he stiffened up and arched his back, rolled his eyes and then became limp. 911 was called.

When T****** was admitted into the local ER, he was unresponsive. He was not breathing well on his own and was intubated. Once stabilized, he was transferred across the street to the PICU. T****** heart was not functioning properly and an echocardiogram was performed. It showed diminished heart function. A CT scan was also performed, which showed subdural bleeding in his head. T***** was transferred by helicopter to the University of ***** Hospital.

Once at the University Hospitals, T*****'s father and I were questioned by the Department of Human Services and the ********* Police as to the events which led up to his hospitalization. We hadn't even been allowed to see him yet and had no idea what was going on with him, yet we were being questioned as to whether we had shaken him. Patrick was at home with the children at the time of his collapse, so he has been the main target of their investigations.

T****** was in very grave condition. The doctors did not expect him to live. They said there was bleeding in his subdural spaces, both acute and sub-acute, or chronic. The doctors stated that his projectile vomiting was a sign that pressure was building in his head, though during the three trips we had made to the doctor that was never discovered. T***** had also had a stroke.They said he was intentionally hurt. Non-accidental Head Trauma, or Shaken Baby Syndrome."

Like Alan Yurko, baby T was also given Heparin and also became ill within 48 hours of vaccination. Baby T had no bruising, no fractures and no bleeding anywhere else on his body. Baby T survived his injuries and is now in foster care, the older two children were also removed and live with their father.

Emily said in an email:-

"From the first hospital and CT scan he had, they thought SBS, or non-accidental trauma. They never stepped outside of that box. Sure, they tested for bleeding disorders, but that was it. None of the 3 times I took him to the doctor after he began vomiting did they ever think vaccine reaction. I even asked. I had no idea what was going on, only that my other two children had never thrown up like this after their shots. They told me that his vaccines wouldn't cause that. That since he hadn't vomited within the first 24 hours, it wasn't a reaction. I know now how ridiculous that idea is."

Of course she is right this is ridiculous ,as vaccines were found to be the cause of Alan Yurkos death and he had his reaction the day after his vaccinations. The doctor at the hospital in his case had said "The doctor warned that he could be this way for a week or so, but not to worry because it´s "normal" for some babies after their vaccinations"

I am not medically trained but common sense would tell me that vaccines followed by a combination of the huge number of medications listed for me by his mother, is more like feeding him from a witches cauldron than hospital treatments, especially considering this child was only two months old.

This young mother entrusted her beloved son to the care of hospitals who she believed would help her son. Instead they fed him a massive cocktail of drugs that combined with the lethal ingredients in the vaccines, may have contributed to yet further problems. Then when things became so bad that this small baby was fighting for his life ,they ban her from being with him and accuse her and her partner of shaking him so violently that they caused bleeding to the brain.

It really is time for parents to be believed and the medical profession to take on board that vaccines in some cases can and do cause brain damage.

For more information on SBS, Vaccinations and false accusations and papers by Dr Harold Buttram and Dr Michael Innis on Shaken Baby Syndrome go to Profitable Harm SBS.

Monday, January 4, 2010

Cornejo v. Bell, 08-3069-cv (2d Cir. January 4, 2010): Falsely Accused of SBS

http://www.secondcircuitopinions.org/2010/01/04/cornejo-v-bell-08-3069-cv-2d-cir-january-4-2010/


Cornejo v. Bell, 08-3069-cv (2d Cir. January 4, 2010)


January 4, 2010

in 1983 Action, Due Process

Panel: Miner, Cabranes, and Rakoff (SDNY)

Opinion by: Rakoff, USDJ

Appeal from: EDNY (Cogan, USDJ)

Result below: Granted Summary Judgment based upon absolute immunity

Result: Affirmed, but caseworkers entitled only to qualified immunity under Federal law

Qualified Immunity for Child Removal Caseworkers

An unfortunate (but objectively reasonable) misdiagnosis leads to a lawsuit by aggrieved parents for malicious prosecution against lawyers and caseworkers involved in child custody proceedings. Plaintiffs five-month old son appeared to be the victim of the Shaken Baby Syndrome. Defendants thus petitioned to have the son and an older brother removed from the plainiffs’ custody. A subsequent autopsy showed that the boy died of a rare heart defect, and what initially appeared to be a broken rib turned out to be a congenital abnormality.

The district court granted summary judgment to the defendants, lawyers and caseworkers involved in the removal petition, on the ground that they were absolutely immune. The Second Circuit affirms the grant of summary judgment, but notes that caseworkers are entitled only to qualified immunity.

The level of immunity accorded an executive employee depends on the function of the employee. Judicial employees (like prosecutors) are entitled to absolute immunity. Investigative employees (like police making arrests) are entitled to qualified immunity. Here, the lawyers are essentially judicial employees entitled to absolute immunity, and the caseworkers are essentially investigative employees entitled to qualified immunity. Because the objective evidence pointed to child abuse, summary judgment was appropriate even under the qualified immunity standard.

As to the NY state law claims, the Court of Appeals has accorded caseworkers absolute immunity for claims of malicious prosecution.