Defending People Charged With Causing Shaken Baby Syndrome
Losing a child is perhaps the most devastating experience a parent or caregiver will ever endure. Sadly, in many instances where a child was brought to the hospital in an emergency distress situation, doctors determine that the infant suffered from shaken baby syndrome/shaken infant syndrome — and the last person who cared for the child soon is soon facing charges of child abuse or child homicide. Our defense attorneys atKuchler & Cotton, S.C. have extensive experience defending clients involved in these sensitive criminal cases.
We represent clients in Wisconsin, and throughout the United States in child homicide and shaken baby syndrome cases. Contact our Waukesha law firm to discuss the delicate issues in your case.
Shaken Baby Syndrome
In most instances where an infant suffers a subdural hematoma (bleeding in the brain), there must have been a significant blow to the head — such as a car accident or physical abuse.
Unfortunately, many doctors who examine a baby with bleeding in the brain or behind the eyes automatically conclude that the child is suffering from shaken baby syndrome (where the child is shaken back and forth so violently that the brain crushes into the skull). Because our attorneys stay on top of current medical and scientific developments, we know that this is not always the case. We verify our client’s position of what happened, obtain independent medical opinions, analyze the child’s medical history, and consult with medical experts to determine if another factor, such as a difficult childbirth, vaccination, genetic predisposition, or any other legitimate cause led to the head injury.
Increasingly, biomechanical experts are being used in these cases to demonstrate that if the baby were truly shaken so hard as to cause the brain to bleed, there would have to be a corresponding neck injury (similar to whiplash injuries). These experts argue that without such a neck injury, the child could not have suffered from shaken baby syndrome.
We Have Proven Experience in Child Abuse, Neglect, and Homicide Cases
Kuchler & Cotton, S.C. has considerable experience defending shaken baby cases. In fact, in 2005, we obtained a not guilty verdict on such a case in Jefferson County where a five month old baby died after a short fall off of his dad’s lap onto the hardwood floor. The doctors alleged that the only explanation was shaken baby syndrome and as a result, the father faced reckless/negligent homicide charges.
Success in Shaken Baby-CHIPS Case — A mother consulted with a pediatrician and brought her child to the emergency room after noticing that her child’s head seemed to get larger and larger over the first five months of the infant’s life. Without examining the medical records of the infant, the hospital took the position that the baby had been shaken. A CHIPS (Child in Need of Protection) action was commenced to take the baby away from the parents permanently.
Kuchler & Cotton, S.C. showed the jury the medical records from the infant’s traumatic childbirth — a childbirth so traumatic that the baby was not breathing immediately and scored zero in the one minute and three minute APGAR tests. We demonstrated that the bleeding in the brain was in fact caused by the traumatic childbirth, not by shaken baby syndrome. We won the jury trial — meaning the parents did not lose their parental rights. View more results.
Contact Kuchler & Cotton, S.C.
If you have been charged with child neglect, manslaughter, or child homicide following a shaken baby syndrome diagnosis, talk to our experienced and understanding lawyers at Kuchler & Cotton, S.C.. Contact us for legal representation in Wisconsin, or nationwide.