Monday, November 28, 2011

In Illinois, Man Associated With Shaken Baby Case Freed | Shaken Baby Syndrome

Sadly, some 5 years ago, 22 month old Brynden Tyler reportedly died as a result of traumatic brain injury due to being shaken.  Peter Kerrigan, reportedly pleaded guilty to involuntary manslaughter in connection with Brynden Tyler's death.  It has recently been reported that earlier this week, Peter Kerrigan was released from prison.

Rebecca Gibson, mother to Brynden Tyler, has stated in the report that the past 5 years have been life changing and traumatic to say the least, and remains on edge as Peter Kerrigan was released from prison.

Reportedly, the 10 year sentence for Peter Kerrigan, allowed for time served and time granted, which reduced Kerrigan's sentence by one day for each day served. Sadly 5 years after Tyler's death, reportedly Kerrigan is free.

To read more on this story: Click Here

If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com


Friday, November 25, 2011

Why, the Keane Law Firm? | Shaken Baby Syndrome

Most attorneys and law firms that you will find on the internet are interested in defending people accused in a criminal case of shaking a baby.
Not the Keane Law Firm.
We are here to represent the babynot the criminal defendant.
Chris Keane and the Keane Law Firm help shaken babies and their families to recover money in civil court so that they can have the financial resources available to hire the attendant care help and rehabilitation services which they will need to live the remainder of their lives.
This does involve taking money from the person who shook the baby and those who could have prevented it in order to correct the injustice that was done to the shaken baby, and the Keane Law Firm is very familiar with the processes involved in civil Shaken Baby cases.
Civil lawsuits involving shaken baby syndrome will focus on a number of different issues than criminal cases. Civil lawsuits focus on issues of negligence, not crimes.  That means that it is never necessary in a civil negligence case to prove that someone "intended" to injure the baby,  only whether a person or employee failed to use reasonable care in handling a baby.
A person charged with criminal child abuse for allegedly shaking a baby may be successful in avoiding a criminal conviction for a number of reasons, but that doesn't mean that he or she should be held responsible, or liable, to your baby in a civil case because a civil jury may find that the person unintentionally orcarelessly failed to use reasonable care in handling your shaken baby.
Also, there will be no need to prove "beyond a reasonable doubt" who shook the child. A term called "preponderance of the evidence" comes into play in civil cases. This legal term is defined as "more likely than not", meaning that the person sued in a civil lawsuit was the person who shook the child.
Here's an example: A prosecutor or district attorney may choose not to proceed with a prosecution because she feels that she simply cannot prove "beyond a reasonable doubt" that the person arrested for shaking the baby was the person who did it.  That may be due, in part, to an inability to prove a precise time at which the injury was inflicted. Maybe the treating physician didn't have the knowledge to be able to provide such an opinion, or maybe the prosecutor or district attorney's office was unable to hire an expert physician for financial reasons.
While this may be discouraging to you as a parent, guardian, or family friend of the shaken baby, don't worry because you can still do something to help the shaken baby.  You do not need a criminal prosecution in order to file a civil lawsuit on behalf of the shaken baby.   Whether your local prosecutor or district attorney prosecutes a person successfully, or not, is not important to The Keane Law Firm.
We can represent a shaken baby in civil court even if a criminal defendant is found not guilty, or if a prosecutor does not go ahead with a trial.  
Also, unlike the prosecutor or district attorney, The Keane Law Firm is not limited to calling only the treating physician or coroner/medical examiner as a witness to prove the timing of the shaken baby injury. We can hire some of the top physicians in the country to prove the timing of the injury.
The Keane Law Firm is not constrained by the same financial budgets as a prosecutor or district attorney.  We retain the top experts in the country to work on a shaken baby syndrome case, and will do the same for your shaken baby.
If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com

Thursday, November 24, 2011

What is, Shaken Baby Syndrome? | Shaken Baby Syndrome

What is Shaken Baby Syndrome?
Shaken Baby Syndrome is an injurious condition caused by the shaking of an infant or child.  The action of rapidly shaking an infant or child causes the sudden forward, backward and sideway motion of the head. During the shaking action the brain is injured from hitting against the inside of the bony skull, causing inflammation, bleeding, separation of vessels and nerve fibers in the soft brain tissue on all sides of the brain. The brain of an infant or child is very soft because it has more water content and it is easier to injure than an adult brain. Therefore, less energy is required to cause lethal injury to an infant or child’s brain.  In shaken baby syndrome, the eyes may get injured by the sudden increase in pressure and motion around the soft tissues that make up the delicate structure of the eyes. After the shaking, the brain and the eyes bleed inside the confined spaces they are contained in.  This bleeding causes high pressure to build within the head and eyes. The damage caused by shaking the head, brain and eye structures and the increasing high pressure that follows causes permanent injury or death for the infant or child. If death does not occur the infant or child may be left with permanent brain damage, blindness, neuromuscular disability, paralysis, deafness, learning disabilities and/or a seizure disorder.
What causes Shaken Baby Syndrome?
Factors may be present that cause adults and their infants and children to be more at risk for abusive events such as Shaken Baby Syndrome.  Infants at risk include infants less than one year of age, male infants, infants of twin or multiple births, premature infants, infants with health problems and infants that have inconsolable crying spells. Adults at risk for committing abusive acts include adults with poor coping skills, unrealistic expectations, substance abuse, former victims of abuse and adults with mental health problems. Environmental factors that usually culminate in abusive events include social isolation, dysfunctional family characteristics and socio-economic burdens. However, Shaken Baby Syndrome may occur in any setting and it is important to know the signs and symptoms that may be present in an infant or child that may be a victim of Shaken Baby Syndrome.
What are the signs and symptoms of Shaken Baby Syndrome?  
The common signs and symptoms of Shaken Baby Syndrome include poor feeding, failure to thrive, vomiting, weakness, irritability, a change in overall muscle tone, decreased alertness, seizures, pale skin color, cool skin temperature, difficulty breathing and sudden respiratory or cardiac arrest. The fontanelles may be swollen depending on the age of the infant. It is important to remember that there may be no bruising, scrapes or outward physical signs of trauma. There may be only a change in behavior as described in the first sentence. It is important to seek medical attention as soon as possible. 
What medical tests do providers use to identify Shaken Baby Syndrome?
The healthcare provider will use physical examination, computerized tomography (CT) scan, magnetic resonance imaging (MRI),ophthalmologic examination, laboratory tests and skeletal x-rays to check for clinical evidence of Shaken Baby Syndrome.  
How can Shaken Baby Syndrome be prevented?
It is important for caregivers of infants and children to have adequate rest and a supportive environment. Feelings of stress and frustration are normal while caring for infants and children, however acting out in a harmful way towards the infant or child is not acceptable. The caregiver should focus on developing an abuse-prevention plan for dealing with feelings of stress and frustration that may emerge in the presence of the infant or the child. The abuse-prevention plan should include a cooling off period and developing an effective coping behavior that prevents physical abuse from occurring. It is best for families to be proactive and make an effort to provide a supportive environment for caregivers with children by assisting with childcare and allowing the caregiver respite. And the caregiver should not hesitate to ask family members and friends to assist with childrearing. It takes more than one person to care for an infant or raise a child. If you or someone you know has difficulty managing anger than utilizing community programs may be necessary if the family is not supportive. Please don’t hesitate to contact an organization in your community to assist you with childcare and respite issues. Please seek assistance if you feel overwhelmed by stress. If you know someone that has expressed frustration and is feeling overwhelmed, reach out and assist in any way that you can. Communication is essential to preventing child abuse. Remember approximately four million children are abused annually.
Less than half of those cases get reported:
Seeking assistance before an injury occurs is not a crime.    

What resources are available to prevent or support victims of Shaken Baby Syndrome?
The following resources are available to assist you with obtaining the information you need regarding Shaken Baby Syndrome:
1) San Francsico Child Abuse Prevention Center: (415) 441-KIDS
A prototype program for the entire country, providing child abuse prevention, parental 24-hour stress help (Talk Line), and parent support services - including daycare.
2) Keane Law Firm: 888-592-KIDS
A lawfirm which represents victims of shaken baby syndrome.
3)  Childhelp USA: (800)-4-A-CHILD
A hotline provides crisis counseling and literature about child abuse.
4)  National Committee to Prevent Child Abuse: 800-Children
This organization provides information and referrals about child abuse.
5)  National Center on Shaken Baby Syndrome
The National Center for Shaken Baby Syndrome is a private, nonprofit organization that provides information to professionals and parents about SBS. 
6)  The Shaken Baby Alliance, P.O. Box 150734, Ft. Worth, TX, 76108. (877) 6-END-SBS
The Shaken Baby Alliance site provides information regarding SBS prevention efforts, family support, victim advocacy, justice and legal issues, and has a library of SBS related information.
7)   Prevent Child Abuse America, 200 S. Michigan Avenue, 17th Floor, Chicago, IL 60604-2404. (312) 663-3520
The organization offers various programs on child abuse prevention, and it also directs efforts toward increasing public awareness about child abuse and neglect.
8)  U.S. Department of Health and Human Services
U.S. Department of Health and Human Services provides general information about health and safety issues, including links to child abuse information and topics.
If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com

Tuesday, November 22, 2011

In Oklahoma, Woman Charged with Shaking Baby | Shaken Baby Syndrome

In this sad story, an Oklahoma mother has reportedly been charged with shaking her 8 week old son, and doctors say causing cranial bleeding.  Cherokee County Prosecutors have reportedly filed felony child abuse charges against, Helen Marie Terrell.

Terrell, and the 8 week olds father, took the boy to a local hospital because he was vomiting and not eating.    Reportedly a doctor determined the 8 week old infant was exhibiting signs of Shaken Baby Syndrome, and reportedly stated the child should be taken to a Tulsa Hospital immediately.

The mother, Helen Terrell has reportedly admitted to investigators of shaking the infant on 2 occasions. The first being for 5 seconds and the next being for 10 seconds because she was tired, frustrated, and stressed, and the baby was crying.

According to the neurosurgeons report, the baby was reportedly treated for "extracerebral fluid collections, consistent with chronic and acute subdural hematoma." according to the affidavit.

For more on this story: Click Here

If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com

Monday, November 21, 2011

In New York, Father of Injured Toddler: Mother Partially to Blame | Shaken Baby Syndrome

Reportedly, the father of a baby who was recently abused severe enough to leave the baby blind, has reportedly stated the mother is partially to blame.  The police or Troy New York have arrested the mother's boyfriend, Asa Madsen, on Friday.  The paternal father, Bill Phelps, is reportedly seeking to obtain custody of his child whom he lost all parental rights with his daughter.

Bill Phelps, Lia's father reportedly received a call from the young girls mother, Beth Taber earlier this week stating the Lia had fallen in the bath tub and was reportedly being rushed to a local hospital.

Phelps has stated Lia is making progress and reportedly Phelps hopes that Lia can make a full recovery from her injuries.

For More on this Story: Click Here

If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com

Friday, November 18, 2011

In Texas, Abilene Baby Comes Home | Shaken Baby Syndrome

In Abilene, Texas, Austin Jace Westbrook reportedly spent some 16 days in the hospital due to injuries sustained due to Shaken Baby Syndrome.

According to the report, Austin Westbrook was reportedly in the care of Kara Suzanne Galinak of Abilene whom police have stated in the report the infant was shaken at least two times and thrown on a couch September 20, 2011.

Austin Westbrook is now 4 months old, and his father, Chris Westbrook has returned to work.  Austin's mother, Jennifer Westbrook has reportedly set up a Facebook page where community members have come to show their support, and share their prayers.

Reportedly the Abilene Police have stated Kara Suzanne Galinak has admitted to shaking the infant child at least twice.

To read more on this story: Click Here

If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com

Thursday, November 17, 2011

In Missouri, Eureka Baby Sitter Charged with Shaking and Killing Toddler | Shaken Baby Syndrome

Sadly it has been reported, A baby sitter from Eureka (near St. Louis) shook a 13-month-old girl and fractured her skull, causing her death.

Jennifer M. Winkler, was reportedly charged late with second-degree murder and felony child abuse. Lily Rieger died at Cardinal Glennon Medical Center on July 31 reportedly due to blunt trauma to her head and Jennifer Winkler, the babysitter, was reportedly the only person with Lily 7 hours prior to her death.

Lily Annabella Rieger's father, Bill Weishaar Jr has made a video on YouTube to raise awareness of Shaken Baby Syndrome in Memory of beautiful Lily Annabella Rieger.

To read more: Click Here

If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com

Tuesday, November 15, 2011

In Texas, Dad Accused of Shaking Baby to Death | Shaken Baby Syndrome

Another sad story reported on Monday of a father accused of reportedly shaking his 3 month old daughter, Kimberly Gamez, to death while the child's mother was at work. It is reported the mother came home from work and peeked into her sleeping child, and hours later went in to check on her to find Kimberly not breathing.

The mother then reportedly called authorities and the baby was rushed to a hospital but was stated there was nothing the doctors could do. Reported from the autopsy report, Kimberly suffered from blunt force trauma to the head, neck, and spinal cord.

Sadly in this report the father, Angel Alfredo Gamez initially denied allegations, but reportedly later confessed to killing his 3 month old daughter Kimberly Gamez.

For more on this story: Click Here

If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com

Monday, November 14, 2011

In North Carolina, Dozens Walk In Memory of 4 Month Old Boy | Shaken Baby Syndrome

Many supporters gathered in support of the mother of a 4th month old baby boy who reportedly died from being shaken earlier this year.  The mother, and the many supporters walked some 5 miles in an effort to raise awareness of Shaken Baby Syndrome in Memory of Canell "CJ" Durant.

Also reported, over 100 volunteers joined to organize the event, and to share CJ's story.  CJ's mother, Erolyn Sweeney reports that after research, she found that currently in Charlotte, no organization is currently in place solely to raise awareness of Shaken Baby Syndrome, and this march was the first step to that, in Memory of CJ.


For more on this story: Click Here

If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com





Friday, November 11, 2011

In Nebraska, Sitter Gets Prison For Shaking Baby - Shaken Baby Syndrome

The sitter whom reportedly shook Evalee Johnsen, was sentenced Monday to 1 1/2 to 4 years in prison after reportedly pleading no contest to felony child abuse not resulting in serious bodily injury.

The maximum sentence reportedly in place was 5 years.

Also the article reported "Judge David K. Arterburn said probation was not an option. Medical evidence did not support Johnson's claim that she accidentally dropped the child, the judge said, and several doctors testified that the injuries most likely occurred by having been shaken."


Reportedly police stated Pamela A. Johnson, the sitter shook the infant while baby-sitting in February 2010. Johnson who did not have a day-care providers license, reportedly told paramedics she accidentally dropped the child on the stairs in her home. 


Evalee Johnsen will turn 2 on November 16, 2011 and the family plans to celebrate and plan for the future, by taking the anger they have felt and turning it into something positive to make Evalee's life better.


To read more on this story: Click Here

If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com

Thursday, November 10, 2011

In Florida, Young Father in Jail, 17 week old child in the hospital - Shaken Baby Syndrome

In Florida, a tragic case has been reported where a young father, Edward Parker, 18, of North Daytona Florida was reportedly jailed after his 17 week old child was shaken and sustained injuries consistent with Shaken Baby Syndrome.  Reportedly, Edward Parker was planning a run, while the 18 year old mother of the child studied.  While Edward Parker was watching his child, he was reportedly preparing for a walk when the 17 week old baby began to cry.

The report also states the 17 week old child reportedly suffered from contusion to the eye, corner fracture on his left femur, subdural hematoma, and hemorrhage in the left side of the child's brain.

To read more on this story: Click Here

If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com

Wednesday, November 9, 2011

In Minnesota, Victims Struggle with Shaken Baby Syndrome for Years - Shaken Baby Syndrome

In Minnesota, Jon and Angela Field, parents to Michael Field, recently spoke to Fox 9 News in regards to the daily struggle Shaken Baby Syndrome leaves on the lives of those with children who are survivors of Shaken Baby Syndrome.

Michael Field was reportedly shaken to near death, in May 2001, by his home day care provider.  Michael, along with many other children sadly affected by Shaken Baby Syndrome are living proof that one single second, one choice can lead to a lifetime of change, beyond anything, most anyone could ever imagine.

The Minnesota Brain Injury Association reports that one in four victims of Shaken Baby Syndrome will die.  Also reported in the article below, Minnesota does not currently have in place a procedure to track cases of Shaken Baby Syndrome, however officials with the health department have estimated reportedly 30 cases each year.


Shaken Baby Syndrome - Signs and Symptoms

If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com

Tuesday, November 8, 2011

In California, Fresno Countys New Moms Get Educated - Shaken Baby Syndrome

The Fresno Council on Child Abuse Prevention has just released a new educational program on Shaken Baby Syndrome, to educate new mother's the dangers of Shaken Baby Syndrome in six of the birthing hospitals. 


Esther Franco, the programs director reported it took close to 2 years to launch the program.  


Those working closely with the mother's are to show them a video concerning Shaken Baby Syndrome, and will also provide them with educational materials and handouts on how to cope with a crying baby.  


The 7 minute video provides education through simulation of what occurs when a baby is shaken, however the video also shows the most meaningful pictures of Adam Carbajal who was reportedly shaken at just 1 year of age.


To watch the video and educate those you know and love, and read this story, please click here.


If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com






Saturday, November 5, 2011

In Missouri, Mother speaks out about Shaken Baby Syndrome after daughter hospitalized | Shaken Baby Syndrome

Monica Howard is speaking out about Shaken Baby Syndrome after her daughter Lyla was reportedly shaken by Howard's former husband whom is due in court on November 10, 2011. Reportedly Monica Howard never thought it could happen to her daughter Lyla.  She also never thought her husband was capable of such a horrific act.


More than eight months have gone by since the incident. 



"She is still a huge question mark.  It's a scary future to not know what's going to be like when she gets older," said Monica.
Reportedly, Monica and Lyla just have to live day by day.  "I don't enjoy living in constant fear…really that's what it comes down to," Monica said.
"When I look back at that moment I can't believe it.  It makes me sad."
Monica's ex husband is reportedly due in court on November 10 for a sentencing and Monica Howard will have to give a Victim Impact Statement in which reportedly Monica admits it will bring a lot of painful memories back.
To read more on this story: click here
If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com




Friday, November 4, 2011

An Amazing Boy and Survivor of Shaken Baby Syndrome – Adam Carbajal – visits the San Francisco Child Abuse Prevention Center and makes the case for Child Abuse Prevention!

It was a great honor to have Keane Law Firm client, Adam Carbajal, as a special guest at the San Francisco Child Abuse Prevention Center’s annual Board of Directors retreat on October 28, 2011 in San Francisco.  Chris Keane is currently the Chairman of the Board of Directors of the San Francisco Child Abuse Prevention Center, and has served on the board for the past 6 years.  Adam was joined by his grandmother, Maria Alvarez-Garcia, and grandfather, Alfredo Garcia.  Adam, Maria and Alfredo are amazing people and special friends to Chris Keane and everyone at the firm.



Chris asked Adam, Maria and Alfredo to come to the retreat for two reasons.  First, so Chris’ fellow board members could see firsthand the devastation which shaken baby syndrome (SBS) and abusive head trauma (AHT) causes to a baby and his family.  It is one thing to talk about it, and another thing to actually see it in person.  Oftentimes, people talk about child abuse in terms of statistics (e.g. such as the number of children abused and shaken each year) or the cost associated with child abuse (e.g. such as the cost of taking care of a child) and the cost to the criminal justice system (e.g. putting the perpetrator in jail).  It is really unforgettable to see an actual little boy who was abused face-to-face.  To see him struggle to sit up in his wheelchair.  To see him only use one side of his body, and to slither around on the floor instead of walk.  To see him unable to do the things we expect little boys to do – like play catch, or chase his friends.  It can break your heart – but it can also inspire you – which is the main reason Chris wanted Adam to meet his board members. 



Chris knows how important it is for Adam’s family – as it is for most survivors of SBS and AHT – to find meaning and purpose in their survival and struggle.  For most survivors and their families, they work tirelessly on child abuse prevention.  Maria and Alfredo are leaders in the SBS prevention community.  It is Chris’ belief, and the core reason why the Keane Law Firm takes on child abuse cases that most other lawyers wouldn’t handle, that the civil justice system can bring about change – not only for the child who was already abused -  but also for the institutions and people who are responsible for preventing child abuse and who fail in their responsibility to a child.   Lawsuits can – and do – compensate an abused child for his or her damage, while also simultaneously changing future behavior.  If the institution or person being sued refuses to accept responsibility for their role in failing to uphold their responsibility to prevent child abuse, the jury in a civil lawsuit will make them accept responsibility in that case.  And you can rest assured that the people being sued will think twice before they make the same bad choice with another child’s life at stake the next time they have the same responsibility.  It is critical to get mandated reporters (e.g teachers, child care providers, pediatricians, and many others) and institutions responsible for reporting and investigating abuse (e.g. police and child protective services) to report and intervene to protect children before they become catastrophically injured, or killed.



It is an honor not only to call Adam our client, but also to call Adam, Maria and Alfredo our friends.  Very good friends.  We cherish their friendship, and are in awe of their individual strength as well as the strength of their family.  They are a shining example of how a family with an SBS survivor can turn a tragedy into an inspiration for everyone.



Not only is Adam adorable, but Maria and Alfredo are great speakers and ambassadors for child abuse prevention.  If you ever want them to speak to your group, let us know and we’ll put you in touch with them.  They desperately want to prevent what happened to Adam from happening to any other baby.

If you have a SBS survivor like Adam in your family, and want to see if the Keane Law Firm can help your child, contact Chris today for a free consultation. 

If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com

 

Thursday, November 3, 2011

United States Supreme Court affirms Shaken Baby Syndrome as valid diagnosis and basis for conviction in Cavazos v Smith

In a very important decision today for the shaken baby syndrome (SBS) community and lawyers who handle SBS cases, the United States Supreme Court affirmed the conviction of a person convicted of causing the death of a baby by SBS.  The decision is important because six (6) members of the court approved of the decision to affirm the jury’s conviction (i.e. meaning not only the conservative 5 justice block of Alito, Roberts, Thomas, Scalia and Kennedy, but also Justice Kagan, a recent appointee of President Obama).  In affirming the conviction, the court held as follows:

“The jury was presented with competing views of how Etzel died.  It was made aware of the various experts’ qualifications and their familiarity with both the subject  of SBS and the physical condition of Etzel’s body.  It observed the attorneys for each party cross-examine the experts and elicit concessions form them.  The State’s experts, whom the jury was entitled to believe, opined that the physical evidence was consistent with, and best explained by, death from sudden tearing of the brainstem caused by shaking.  The Ninth Circuit’s assertion that these experts ‘reached [their] conclusion because there was no evidence in the brain itself of the cause of death’ is simply false.  There was  ‘evidence in the brain itself’  The autopsy revealed indications of recent trauma to Etzel’s brain, such as subdural and subarachnoid hemorrhaging, hemorrhaging around the optic nerves, and the presence of a blood clot between the brain’s hemispheres. The autopsy also revealed a bruise and abrasion on the lower back of Etzel’s head.  These affirmative indications of trauma formed the basis of the experts’ opinion that Etzel died from shaking so severe that his brainstem tore.

“Defense counsel made certain that the jury understood that the prosecution’s experts were unable to identify the precise point of tearing itself. But as Judge Bea noted in his dissent from the Ninth Circuit’s denial of rehearing en banc, the experts explained why the location of the tearwas undetectable: “Etzel’s death happened so quickly that the effects of the trauma did not have time to develop.” Smith v. Mitchell, 453 F. 3d 1203, 1207 (2006). According  to the prosecutions’ experts, there was simply no oppor­tunity for swelling to occur around the brainstem before Etzel died. In light of the evidence presented at trial, the Ninth Circuit plainly erred in concluding that the jury’s ver­dict was irrational, let alone that it was unreasonable for the California Court of Appeal to think otherwise. See §2254(d). Doubts about whether Smith is in fact guilty are understandable. But it is not the job of this Court, and was not that of the Ninth Circuit, to decide whether the State’s theory was correct. The jury decided that question,
and its decision is supported by the record.*” 

“*The dissent’s review of the evidence presented to the jury over seven days is precisely the sort of reweighing of facts that is precluded by Jackson v. Virginia, 443 U. S. 307, 324 (1979), and precisely the sort of second-guessing of a state court decision applying Jackson that is precluded by AEDPA, §2254(d). The dissent’s views on how “adamant­ly” experts would testify today as opposed to at the time of trial, post, at 6 (opinion of GINSBURG, J.), are of course pure speculation, as would be any views on how a jury would react to less adamant testimony.”

The decision also recounted some of the factual findings of the experts who performed the autopsy.

The prosecution presented the testimony of two (2) physicians involved with the autopsy of the deceased 7 week-old child, Etzel Glass, namely, Eugene Carpenter, MD (forensic pathologist) and Stepahnie Erlich, MD (neuropathologist).  Additionally, they presented David Chadwick, MD, a legendary SBS expert from San Diego.

Justices Breyer, Ginsburg and Sotomayor were the three (3) dissenting justices, and they cited numerous published articles which concern the pathophysiology, biomechanics and scientific basis of SBS – intending by referencing the literature to support the dissent’s position that the jury’s conviction should be overturned.   

You can read the entire decision at www.links.sfgate.com/ZLED

If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com

Tuesday, November 1, 2011

International Conference to Help Families and Professionals - November Organization Spotlight

One of the most important goals of Keane Law Firm is to protect our children, and raise awareness of Shaken Baby Syndrome through prevention efforts.  In the process, Keane Law has been able to come into contact with a phenomenal Organization working each and everyday for the betterment of our children, and providing support to the families that are sadly affected by Shaken Baby Syndrome.

We are excited to present to you our November Organization Spotlight, The National Center on Shaken Baby Syndrome.  The National Center on Shaken Baby Syndrome comes with a mission, a mission shown Internationally,  “To educate and train parents and professionals, and to conduct research that will prevent the shaking and abuse of infants in the United States”


Shaken Baby Syndrome is the leading cause of death in abusive head trauma cases. Shaken Baby Syndrome is a type of inflicted traumatic brain injury that happens when a baby is violently shaken, and it is estimated 1200 to 1400 children are injured or killed as a result of shaking every year in the United States.


The National Center on Shaken Baby Syndrome - Farmington, UT


Recently we had the pleasure of speaking with Danielle Vazquez from The National Center on Shaken Baby Syndrome.  Danielle is the Conference Coordinator for the Center, and has been doing so for approximately 4 1/2 years. Though Danielle is not personally affected by Shaken Baby Syndrome, working in the field of prevention and awareness of SBS, Danielle says has been the most rewarding to see the groups of families affected come together, and work together in prevention of SBS.  As the Conference Coordinator, Danielle works restlessly to plan the Conference, organizing special presentations and workshops for a broad range of Professionals, as well as the abstract presentations presented by the families affected, and ensuring scholarships are offered and available to families who plan to attend but need the financial assistance to do so.


National Center on Shaken Baby Syndrome - Staff & Volunteers

NCSBS Executive Director and Founder, Marilyn Barr

The NCSBS has recently announced the Twelfth International Conference on Shaken Baby Syndrome and Abusive Head Trauma in Cambridge/Boston Massachusetts September 29, 30, & October 1, 2012.  The conference program will focus on four areas of expertise; legal challenges in Abusive Head Trauma Cases, evidence-based and creative prevention programs and intiatives, the latest medical information and research, and support for families and rehabilitation for victims of Shaken Baby Syndrome and Abusive Head Trauma. The program is set to be released in January of 2012, and if you are interested in submitting an abstract presentation to present please follow this link, and click on "Abstract Submission Form".




The Opening Reception hosted by The National Center on Shaken Baby Syndrome

This Conference is the only International Conference of it's kind.  There is not any other Conference on Shaken Baby Syndrome you can attend and obtain all of the information, services, resources, and opportunities like those available to you at the Twelfth International Conference on Shaken Baby Syndrome. 

As the November Organization Spotlight for the Keane Law Firm, we are proud to recognize the National Center on Shaken Baby Syndrome for their mission and endless dedication to prevention, for all of the lives that have been saved, and for the support given to the families affected.  Your mission and dedication are the lights of promise and hope on the paths for us all, whether we are a family, a professional, or a concerned citizen. You are the voice, the voice of prevention of Shaken Baby Syndrome.

For more information on the Twelfth Conference on SBS: Click Here
To learn more about The National Center on Shaken Baby Syndrome visit http://www.dontshake.org
If you have any questions concerning this conference, please contact Danielle Vazquez by email: dvazquez@dontshake.org or by phone: 801.447.9360 ext. 111

If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com