Beyond the Myths: Challenging Shaken Baby Syndrome in Court

Being accused of harming a child is one of the most devastating and life-shattering experiences a person can face, especially when the accusation is based on a medical diagnosis that may be wrong. For years, Shaken Baby Syndrome (SBS) has been presented in court as undeniable proof of abuse. But a growing body of medical research shows that symptoms once thought to be clear signs of SBS can also be caused by other medical conditions, illnesses, or accidents.

As child abuse defense attorneys in Washington State, we've seen how numerous medical conditions can produce symptoms identical to those attributed to violent shaking. If you are facing the possibility of decades in prison because of a misdiagnosis, you need to know that the science can tell a very different story than what the allegations claim.

The Collapse of the SBS Medical Consensus

For decades, the medical community insisted that a "triad" of symptoms could only result from one thing — child abuse. Today, that certainty has evaporated as research reveals multiple non-abusive causes of the common symptoms of SBS.

What Changed in SBS Diagnosis

The traditional SBS diagnosis relied on three findings: subdural hematoma, retinal hemorrhage, and brain swelling. For decades, medical doctors and pathologists testified in court with absolute certainty that these symptoms proved violent shaking. This medical consensus has sent thousands to prison nationwide.

However, in 2009, the American Academy of Pediatrics shifted its terminology away from “Shaken Baby Syndrome” to "Abusive Head Trauma," acknowledging shaking as just one possible cause of the common symptoms. The National Registry of Exonerations documents 40 SBS convictions that were overturned when a deeper investigation revealed potential non-abusive causes. Since 2001, over 200 SBS-based convictions have collapsed after medical re-evaluation exposed alternative explanations.

The Physics Don't Add Up

Biomechanical research reveals a fundamental flaw in the shaken baby theory. Studies show violent shaking generates about 6 to 8gs of force, while common household falls can produce over 112gs. Biomechanical engineers, however, calculate that serious brain injuries occur at 50 to 90gs.

Studies consistently demonstrate that forces sufficient to cause brain injury through shaking would first damage the infant's neck and spinal cord. Yet severe neck injuries rarely appear in charged SBS cases. This biomechanical impossibility undermines the entire shaking hypothesis.

Washington's Legal Response to SBS Accusations

State prosecutors treat these cases with extraordinary severity, often pursuing very long prison sentences despite the uncertainty of the medical causality between abuse and SBS.

Criminal Charges

Under RCW 9A.36.120, Assault of a Child in the First Degree can carry up to life imprisonment when great bodily harm occurs. Prosecutors also file charges under RCW 9A.36.011 for Assault in the First Degree or RCW 9A.32.055 for Homicide by Abuse when children die from their medical condition.

How Prosecutors Build the Case

Washington prosecutors rely heavily on pediatric specialists who diagnose abuse based on the triad of symptoms. These doctors often dismiss alternative explanations out of hand without performing the necessary testing. In many cases, the prosecution's reliance on faulty medical science, along with a jury’s ingrained bias against anyone accused of hurting a child, creates significant pressure to agree to a plea bargain.

The state presents medical testimony as an irrefutable fact. Multiple doctors align behind abuse diagnoses, making challenges seem futile. Yet, the medical community remains deeply divided on this issue, with prominent researchers questioning the validity of SBS.

Medical Conditions That Mimic Abuse

Knowledge of alternative medical explanations proves crucial for mounting an effective defense against false accusations.

Genetic and Rare Conditions

Ehlers-Danlos Syndrome affects connective tissue, causing vascular fragility and spontaneous bleeding. Osteogenesis Imperfecta creates bone fragility, leading to fractures with minimal trauma. These conditions require specialized testing, rarely performed once the investigators’ tunnel vision has settled on a diagnosis of abuse.

Vitamin D deficiency causes rickets, resulting in bone weakness and increased risk of fractures. According to data from the National Health and Nutrition Examination Survey (NHANES), a significant portion of the U.S. population has inadequate levels of vitamin D. However, testing for this condition is often overlooked in abuse investigations.

Critical Defense Steps for the Accused

Swift action and strategic planning protect your freedom when facing SBS allegations. Below are key defense actions that should be prioritized to mount a strong case.

Immediate Steps to Take

Contact an experienced defense attorney before speaking with anyone about the allegations. Every statement to doctors, CPS workers, or investigators becomes evidence against you. Document the child's complete medical history, including previous illnesses, falls, or developmental concerns.

Preserve physical evidence from your home. Photograph and measure furniture, play equipment, and anything the child could have fallen from. These details prove crucial for accident reconstruction.

Essential Defense Elements

Medical expert review: Independent medical experts must examine all imaging and records. These specialists understand the controversy and can identify overlooked diagnoses. Not all doctors will testify on behalf of the defense, making established expert connections crucial.

Timeline documentation: Record when symptoms appeared versus when injuries allegedly occurred. The phenomenon of "lucid intervals" means children can appear normal for hours or days after injury, destroying prosecution timeline arguments.

Biomechanical analysis: Engineers demonstrate through calculations why shaking cannot produce the alleged injuries. They show how common accidents generate forces exceeding those possible through shaking.

Cross-Examination of State Medical Witnesses

Effective cross-examination exposes fundamental flaws in prosecution expert testimony, revealing how child abuse pediatricians often reach premature conclusions without proper differential diagnosis.

Exposing Circular Logic

Prosecution experts often rely on circular reasoning: the triad proves abuse because abuse causes the triad. Your attorney must highlight this logical fallacy while demonstrating their failure to consider an alternative diagnosis.

Question whether proper differential diagnosis occurred. What tests weren't performed? Why were certain conditions dismissed without investigation? Many doctors rush to draw conclusions without eliminating other possibilities.

The Frye Standard in Washington

Washington follows the rule of evidence known as the Frye Standard, which is used to admit scientific opinion as evidence in a trial. The standard requires that, before scientific methods and techniques can be used in court, they must be generally accepted in the relevant scientific community. The medical controversy surrounding SBS presents an opportunity to challenge the admissibility of the prosecution's expert's testimony.

Alternative Resolutions to Criminal Prosecution

Sometimes, avoiding trial offers the best outcome for your family while protecting against wrongful convictions that devastate innocent parents.

Managing Collateral Damage

Beyond criminal penalties, SBS accusations trigger devastating consequences. Professional licenses face suspension. Immigration status becomes precarious. CPS investigations restrict family contact.

Address each issue simultaneously with your criminal defense team. Coordinate with professional license attorneys and immigration counsel as needed. Taking proactive steps prevents permanent damage beyond the criminal case.

The Evolution Continues

Medical research on infant head injuries advances constantly, with new research regularly emerging that contradicts previous assumptions.

For example, recent studies on infant brain anatomy suggest thin subdural bleeding may result from normal pressure changes rather than trauma. Research into hypoxic-ischemic injury patterns shows how oxygen deprivation from various causes mimics trauma symptoms.

The National Institute of Neurological Disorders and Stroke continues to fund research into the mechanisms of pediatric brain injury. These developments provide new avenues for challenging SBS diagnoses in court.

Your Defense Can’t Wait

Shaken Baby Syndrome accusations destroy families, careers, and futures based on questionable science. The growing recognition of diagnostic uncertainty offers hope, but only with aggressive legal advocacy. Every day without action strengthens the prosecution's case against you.

At Marshall & Saunders, we understand both the evolving science and the legal landscape in Washington. As specialists in this field, we've helped vindicate parents and caregivers when a proper investigation revealed the truth. Contact us today to begin building your defense.