Appeals court agrees shaken baby syndrome is ‘junk science’ in some cases • New Jersey Monitor

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Report on Shaken Baby Syndrome and Recent Legal Developments

Introduction

For half a century, the medical community has attributed unexplained, sometimes fatal injuries in infants to shaken baby syndrome (SBS), with hospitals reporting approximately 1,300 cases annually. This has led to hundreds of prosecutions of parents and caregivers each year.

Controversy and Legal Challenges

The scientific basis for SBS has increasingly come under scrutiny, especially in cases lacking clear physical evidence of assault. A recent ruling by a New Jersey appellate court has added to this skepticism by siding with a lower court judge who labeled SBS as “junk science.” This decision prevents prosecutors from using SBS as evidence in the child abuse cases of two fathers in Middlesex County.

Judicial Opinions

Judge Greta Gooden Brown, representing a three-judge panel, emphasized that prosecutors must demonstrate that a theory is generally accepted within the medical and scientific communities. While SBS is widely accepted in pediatrics, it remains controversial among biomechanics experts, particularly when no physical evidence of assault is present. Biomechanics scientists debate whether shaking alone can generate forces sufficient to cause the intracranial trauma required for an SBS diagnosis.

Scientific Reliability

Gooden Brown noted that biomechanical testing has not conclusively proven the SBS hypothesis, despite its grounding in biomechanical principles. Cody Mason, a managing attorney with the Office of the Public Defender, praised the ruling as “well-reasoned,” highlighting the judiciary’s commitment to scientific reliability over expediency.

Case Details

1. Darryl Nieves: Charged with aggravated assault and endangering the welfare of a child after his 11-month-old son exhibited symptoms such as limpness and loss of consciousness over three incidents in February 2017.
2. Michael Cifelli: Charged after his 10-week-old son was hospitalized twice for vomiting and seizure-like behavior in December 2016 and January 2017.

Both infants, born prematurely, were diagnosed with brain injuries and hemorrhages. However, prosecutors could not provide evidence that the fathers assaulted their children.

Lower Court Rulings

In January 2022, Judge Pedro J. Jimenez Jr. dismissed Nieves’ indictment, declaring expert testimony on SBS unreliable. Similarly, Judge Benjamin S. Bucca Jr. barred prosecutors from presenting SBS testimony in Cifelli’s case. Jimenez argued that SBS diagnoses often result from a process of elimination rather than conclusive scientific testing.

Appeals Court Decision

The appeals court upheld the lower court rulings, with Gooden Brown stating that there is significant dispute within the broader medical and scientific communities about the validity of the SBS theory. She emphasized the need for cross-disciplinary validation to establish reliability, which the state failed to provide.

Future Implications

The Middlesex County Prosecutor’s Office has not indicated whether it will seek a review of this ruling by the state Supreme Court. The decision applies to a “narrow subset” of head trauma cases in infancy where there are no signs of impact, ensuring that parents and caregivers are not prosecuted based on an unproven hypothesis.

Sustainable Development Goals (SDGs) Relevance

• SDG 3: Good Health and Well-being – Ensuring accurate medical diagnoses and preventing wrongful convictions contribute to overall well-being and trust in healthcare systems.
• SDG 16: Peace, Justice, and Strong Institutions – Upholding scientific reliability in legal proceedings promotes justice and strengthens institutions.

Conclusion

This ruling marks a significant step towards ensuring that legal decisions are based on reliable scientific evidence. It also underscores the importance of interdisciplinary validation in medical diagnoses, aligning with global efforts to promote health, justice, and strong institutions as outlined in the Sustainable Development Goals.

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Sustainable Development Goals (SDGs) Analysis

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 3: Good Health and Well-being
• SDG 16: Peace, Justice, and Strong Institutions

2. What specific targets under those SDGs can be identified based on the article’s content?

1. SDG 3: Good Health and Well-being
   • Target 3.2: By 2030, end preventable deaths of newborns and children under 5 years of age.
   • Target 3.4: By 2030, reduce by one third premature mortality from non-communicable diseases through prevention and treatment, and promote mental health and well-being.
2. SDG 16: Peace, Justice, and Strong Institutions
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • Target 16.6: Develop effective, accountable, and transparent institutions at all levels.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

1. SDG 3: Good Health and Well-being
   • Indicator 3.2.1: Under-five mortality rate.
   • Indicator 3.4.1: Mortality rate attributed to cardiovascular disease, cancer, diabetes, or chronic respiratory disease.
2. SDG 16: Peace, Justice, and Strong Institutions
   • Indicator 16.3.1: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized conflict resolution mechanisms.
   • Indicator 16.6.1: Primary government expenditures as a proportion of original approved budget, by sector (or by budget codes or similar).

4. Findings Table

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Fuente: newjerseymonitor.com

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