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Sunday, December 29, 2024

On the 911 call, Nick Flannery's voice was frantic as he tried to revive his infant son. "Come on, buddy," he pleaded with the 2-month-old, who had gone limp. "Come on, buddy. Breathe."
Nick, who was on paternity leave from his IT job, had been caring for his two boys while his wife, Felecia, was at a doctor's appointment. Not long before he called 911, on Sept. 7, 2023, his baby, Arlo, vomited while being given a bottle. Nick, who was cradling him, turned him over to ensure that he did not choke, then changed him into fresh clothes and put him in his bouncy seat. Suddenly, Arlo's eyes rolled back and his body stiffened. Then he went still.

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Exonerations and new science continue to raise questions about shaken baby syndrome, a diagnosis that lives on under a different name: abusive head trauma. Critics say the name deflects scrutiny while leaving parents vulnerable to criminal charges. @pamelacolloff.bsky.social propub.li/4gzm8MD

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-- ProPublica (@propublica.org) December 29, 2024 at 7:00 AM

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From the cited article...

...Reporting Highlights

- - - Wrongful Accusations: Parents are being charged with abusive head trauma, a newer name for shaken baby syndrome, as mounting exonerations and new science raise questions about the diagnosis.

- - - Findings of Abuse: Child abuse pediatricians defend their diagnostic process, saying they do rigorous examinations to rule out other possibilities before they make a determination of abuse.

- - - Parents Left Vulnerable: Critics argue that the name change helped preserve a flawed diagnosis, leaving parents vulnerable to criminal charges and child welfare investigations.


[and to the wall of text from the cited article ...]

... On the 911 call, Nick Flannery's voice was frantic as he tried to revive his infant son. "Come on, buddy," he pleaded with the 2-month-old, who had gone limp. "Come on, buddy. Breathe."

Nick, who was on paternity leave from his IT job, had been caring for his two boys while his wife, Felecia, was at a doctor's appointment. Not long before he called 911, on Sept. 7, 2023, his baby, Arlo, vomited while being given a bottle. Nick, who was cradling him, turned him over to ensure that he did not choke, then changed him into fresh clothes and put him in his bouncy seat. Suddenly, Arlo's eyes rolled back and his body stiffened. Then he went still.

Paramedics rushed to the Flannerys' house in Blue Ash, Ohio, a suburb of Cincinnati. They revived the infant, but his breathing remained shallow. Felecia, who returned home to find emergency medical workers swarming her driveway, staggered across the front yard toward her family, uncomprehending.

In the emergency room at Cincinnati Children's Hospital Medical Center, the Flannerys looked on as doctors worked to save their son. Soon, a social worker took them aside. She explained that a CT scan revealed the presence of subdural hematomas, or bleeding between the brain and the skull: a symptom, she said, commonly seen in abuse cases. Nick and Felecia were dumbfounded.

More tests still needed to be run, she told the Flannerys, but mandatory reporting laws required that the police and child welfare officials be alerted. Nick and Felecia, upset but certain that any concerns would be allayed once doctors gathered more information, said they understood.

Detectives arrived, and the attending physician told them that subdural hematomas could indicate an underlying medical condition " or that the baby had been shaken. It was the latter scenario that Felecia remembers the doctor mentioning to her that evening. "I'll never forget him telling me, You would probably know this as shaken baby syndrome,'" she says. Felecia, having once listened to a podcast that characterized the diagnosis as controversial, grew alarmed. ...




#1 | Posted by LampLighter at 2024-12-29 10:40 PM | Reply

Digging deeper into this story, I learned that this sad miscarriage of justice was perpetrated by a cast of inexperienced characters. Dr. Pham, the primary conspirator, was 1.5 years into his studies to become a specialist in child abuse pediatrics.His mentor had been a doctor for only 2 years, yet felt qualified to testify that child abuse was the ONLY possible cause for this baby's injuries. The police were from a 36 man small town police department that seldom investigates a homicide. What could go wrong.

Based on this story (and cautious to recognize it tells only one side) there is no probable cause or basis for prosecution of this man. Any experienced physician knows there are other possible causes of subdural hematoma than abuse. It was right for the medical team to report their suspicions, and up to the investigators to determine if there was additional evidence supporting a charge of child abuse. And there is usually a whole lot more evidence in actual abuse cases, once you start digging into it. It appears that they didn't find anything more, but the inexperienced investigators treated the inexperienced doctor's word as gospel and pushed ahead.

And who the hell is the judge who signed the warrant? Even when child abuse is a certainty, there is no probable cause for arrest without evidence of WHICH parent or caretaker inflicted the injury,

I looked for source documentation (arrest report, warrant, etc) but could not find them. I'm wondering if there is more to this story left out by the the author. If not, I hope the Flannery sue everybody and win.

#2 | Posted by Miranda7 at 2024-12-30 09:14 AM | Reply

LYD is a survivor. can we get his take before rushing to judgment?

#3 | Posted by lfthndthrds at 2024-12-30 02:02 PM | Reply

Many DA's offices in California will not touch potential charges of Shaken Baby Syndrome with a ten foot pole.

#4 | Posted by moder8 at 2024-12-30 04:22 PM | Reply

Many DA's offices in California will not touch potential charges of Shaken Baby Syndrome with a ten foot pole.

While the criminally indicted Texas AG is foaming at the mouth to execute the only person in the US on death row for what many consider a wrongful conviction of Shaken Baby Syndrome. www.texastribune.org

#5 | Posted by et_al at 2024-12-30 06:05 PM | Reply

Many DA's offices in California will not touch potential charges of Shaken Baby Syndrome with a ten foot pole.

#4 | Posted by moder8 at 2024-12-30 04:22 PM | Reply | Flag:

How about public ------------? Did they free you for that?

#6 | Posted by lfthndthrds at 2024-12-30 09:53 PM | Reply

Moder,
I've been retired for a long time, and we knew decades ago that "shaken baby syndrome" by itself was simply not provable. It IS a real thing, but it takes a lot of corroborating physical and circumstantial evidence to prove something like that, and in the criminal justice system, if you can't prove it beyond a reasonable doubt, it didn't happen. I have worked cases where I knew without question,min my own heart, that parents abused a child, but that is not enough to secure a conviction. In those cases all yiu can do is pray. This idoes not appear to be one of those cases. I pray that the family can heal from what the system has done to them.

#7 | Posted by Miranda7 at 2024-12-30 10:28 PM | Reply

Sorry for the typos, small screen gets me every time.

#8 | Posted by Miranda7 at 2024-12-30 10:32 PM | Reply

My youngest daughter who is alive and well today and in her 30s was diagnosed with SIDS when she was 9 months old which then required that she be on a breathing monitor whenever she slept. So we took her to her Neurologist for her exam but she was a typical uncooperative baby sothe Neurologist decided to sedate her. We finished her appointment and left for a real estate appointment where we were when she stopped breathing and the alarnm on the monitor went off so we ran out of there and started driving the closest hospital but she still was not breathing and I was holding her so I shook her to wake her up and it did. She is alive and well today 38 years later so, I'm just not so sure that shaking a child is necessarily an act of violence. There are moments when it saves their life. Just to complete the story, SIDS is a condition most children grow out of by the age of two as did my daughter. At that age she was pronounced ok and she never had another breathing episode of any kind. Kids scare us sometimes and, in those moments, we realise how precious they are.

#9 | Posted by danni at 2024-12-31 11:03 AM | Reply

My neice died October 2023 at 11 weeks old due to SIDS according to the Spring Hill ME report. The fact that her half-sibling's grandmother was drinking and on drugs, failing both field sobriety and blood tests, when she was sleeping with her wasn't enough for another determination.

Not sure which version of events brings me less grief though.

#10 | Posted by Hagbard_Celine at 2024-12-31 11:42 AM | Reply

I am sorry for your loss.

#11 | Posted by Alexandrite at 2024-12-31 11:43 AM | Reply

Thanks. Yeah, I never even got to meet her. Was intending to visit at Christmas. My other nieces and nephews call me Uncle Awesome. I had plans for that kid lol.

#12 | Posted by Hagbard_Celine at 2024-12-31 11:48 AM | Reply

My brother died in the womb shortly after I was made aware of his presence. Life is unfair.

Being an uncle is the bomb, though. My friends' kids love it when I come over. (my own kids are all adults and out of the house)

#13 | Posted by Alexandrite at 2024-12-31 11:50 AM | Reply

Uncle Awesome

My niece calls me funcle Matt.

#14 | Posted by mattm at 2024-12-31 04:06 PM | Reply

Sorry for your loss Hagbard C.

#15 | Posted by mattm at 2024-12-31 04:06 PM | Reply

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