Shaken baby syndrome: Difference between revisions

In 2023, a New Jersey appellate court upheld a lower court's decision to bar the inclusion of SBS in two recent child abuse cases. In the decision, several reasons cited. First, there was a split in the pediatrics and biomechanics community over whether shaking alone is sufficient to cause the syndrome. This resulted in [[Expert witness|expert testimony]] being dismissed.<ref name=":8">{{Cite web |last=DiFilippo |first=Dana |date=2023-09-13 |title=Appeals court agrees shaken baby syndrome is 'junk science' in some cases • New Jersey Monitor |url=https://newjerseymonitor.com/2023/09/13/appeals-court-agrees-shaken-baby-syndrome-is-junk-science-in-some-cases/ |access-date=2024-07-28 |website=New Jersey Monitor |language=en-US}}</ref> Additionally, in each case, SBS was difficult to conclude and there was difficulty proving assault otherwise.<ref>State of New Jersey v. Darryl Nieves, State of New Jersey v. Michael Cifelli (Superior Court of New Jersey Appellate Division September 13, 2023). https://www.njcourts.gov/system/files/court-opinions/2023/a2069-21a2936-21.pdf</ref> However, these cases only set precedent for a narrow subsection of cases of SBS where there is no sign of impact to the babies head as well as no other means to demonstrate abuse.<ref name=":8" /> However, thereThere has been also pushback against the decision. One such critique expresses that while the court may not have found diagnosis by exclusion to be convincing enough for diagnosis and thus conviction, [[differential diagnosis]] is an acceptable diagnostic technique as ruled by other courts.<ref name=":10">{{Cite web |date=2023-12-13 |title=When the Law of Scientific Evidence Collides with Medical Practice - Bill of Health |url=https://blog.petrieflom.law.harvard.edu/2023/12/13/when-the-law-of-scientific-evidence-collides-with-medical-practice/ |access-date=2024-07-31 |website=blog.petrieflom.law.harvard.edu |language=en-US}}</ref> Additionally, other conditions can still be reliably diagnosed without confirmation of the original insult, such as asbestos and sports-related injuries.<ref name=":10" />