Nurse Accused Of Shaking Baby

Compelling testimony of the physician the defense engaged together with testimony from the accused and persons who knew her helped win the case.

Case Summary

The accusation

That Connie, a young nurse, violently shook her infant foster son, causing potentially fatal brain injury.

The charge

Assault of a Child.

The possible sentence

This was a Child Protective Services investigation rather than a criminal case, so Connie was at no risk of prison. But had the CPS finding against her stood, she would have lost her foster care license and been placed for life on the state’s child abuse registry. Among the consequences would have been loss of her dream of adopting a child from state care. Because she won this case, Connie and her husband are now happy parents.

The defense David Marshall presented

In birth, the child suffered a small, undetected injury inside the skull. That injury later began to ooze blood afresh. Eventually the accumulation of blood increased pressure inside the skull so much that the baby went into seizure and his life was in danger.

The trial result

An administrative law judge decided that Connie had not assaulted the child. The judge ordered the State to reinstate her foster care license, to remove from her record every blemish from this incident, and to note on her record that her swift and skillful response to the seizure had saved the baby’s life.

What helped win the case

Clear and compelling presentation of the testimony of the physician David engaged to study the case was critical. But testimony from Connie, her husband, and persons who knew Connie as a patient and compassionate caregiver was also very important; that helped make it easy for the judge to decide the battle between the two sides’ expert witnesses.