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(Chicago Breaking News)   17-year-old dies a victim of shaken baby syndrome. Go ahead, re-read that, I'll wait   (chicagobreakingnews.com) divider line 55
    More: Sad, DePaul University, abusive head trauma, Rush University Medical Center, syndrome, adjunct professor, homicides, developmental disability, Markeda Oyeyinka  
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20783 clicks; posted to Main » on 09 Mar 2011 at 9:24 AM (4 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2011-03-09 09:26:03 AM  
I prefer my babies stirred, not shaken Mr. Bond.
 
2011-03-09 09:28:52 AM  
How to make baby shake:

2 parts ice-cream
1 part baby
Blend, add milk if too thick
 
2011-03-09 09:28:55 AM  
Working in health care I have a very "meh" outlook on death but one time it really got to me was a kid who was shaken severely as a baby and was essentially a vegetable.

He died alone in the ER with no one at his side except the nurse from the assisted living facility he came from. She was outside watching Monsters Inc.
 
2011-03-09 09:29:47 AM  
Must have been a very slow shaking.
 
2011-03-09 09:30:53 AM  
Are you sure it wasn't shake your booty syndrome subby?
 
2011-03-09 09:31:03 AM  
At least they can't charge the mother. Double jeopardy would pertain, because she was acquitted at trial for the original charges.
 
2011-03-09 09:31:15 AM  
In addition to the double jeopardy question, "shaken baby syndrome" might be easily subject to misdiagnosis.
 
2011-03-09 09:33:04 AM  

WienerButt: Working in health care I have a very "meh" outlook on death but one time it really got to me was a kid who was shaken severely as a baby and was essentially a vegetable.

He died alone in the ER with no one at his side except the nurse from the assisted living facility he came from. She was outside watching Monsters Inc.


To be fair, Monsters Inc. is an *EXCELLENT* movie.

So going to Hell for that one.
 
2011-03-09 09:33:53 AM  
So the defense attorney is calling double jeopardy. The mother was charged with felony aggravated battery after the incident in 1993. I know they can't charge her again for the assault, but can she not be charged with murder this time?

/not a law student
 
2011-03-09 09:34:21 AM  
"They accused me, I was found not guilty and that's it."

She has a point there. The vultures need to fark off.
 
2011-03-09 09:35:36 AM  

AbbeySomeone: Are you sure it wasn't shake your booty syndrome subby?


The 17 year old was probably wearing booties, hence the "shaken baby syndrome".
 
2011-03-09 09:36:10 AM  

piperTom: In addition to the double jeopardy question, "shaken baby syndrome" might be easily subject to misdiagnosis.


She will be tried for murder now. She was never tried for murder.
 
2011-03-09 09:37:28 AM  
Shaken baby syndrome does not limit itself to a population. The description of which is a cause of death. It's like people not named Lou Gherig dying of Lou Gherig's disease.
 
2011-03-09 09:44:09 AM  
easyandelegantlife.com
 
2011-03-09 09:44:40 AM  
was she hot?
 
2011-03-09 09:48:39 AM  
So she was aquitted of abuse so she can't be charged with murder? What if she had been convicted and served time?
 
2011-03-09 09:50:43 AM  
It was at RUSH hospital. I'm sure if you ask Rush it was because of the Obama Death Panels.
 
2011-03-09 09:50:47 AM  

WienerButt: Working in health care I have a very "meh" outlook on death but one time it really got to me was a kid who was shaken severely as a baby and was essentially a vegetable.
He died alone in the ER with no one at his side except the nurse from the assisted living facility he came from. She was outside watching Monsters Inc.


he probably didn't notice.
 
2011-03-09 09:53:02 AM  

DVDave: So the defense attorney is calling double jeopardy. The mother was charged with felony aggravated battery after the incident in 1993. I know they can't charge her again for the assault, but can she not be charged with murder this time?

/not a law student


I think it applies per act and not per charge, or else they could keep going after murder suspects with murder 1, then murder 2, and on down the line until something sticks.

Even without double jeopardy, if they couldn't get her on the assault charge when it actually happened, how much better do they really expect to do with a murder charge stemming from said assault 17 or so years after the fact?
 
2011-03-09 09:54:28 AM  

cryinoutloud: WienerButt: Working in health care I have a very "meh" outlook on death but one time it really got to me was a kid who was shaken severely as a baby and was essentially a vegetable.
He died alone in the ER with no one at his side except the nurse from the assisted living facility he came from. She was outside watching Monsters Inc.

he probably didn't notice.


I laughed too hard. You have a point there.
 
2011-03-09 09:56:19 AM  

WienerButt: Working in health care I have a very "meh" outlook on death but one time it really got to me was a kid who was shaken severely as a baby and was essentially a vegetable.

He died alone in the ER with no one at his side except the nurse from the assisted living facility he came from. She was outside watching Monsters Inc.


Did he die of a broken neck? No? Then it wasn't shaking.
 
2011-03-09 10:00:27 AM  

dittybopper: WienerButt: Working in health care I have a very "meh" outlook on death but one time it really got to me was a kid who was shaken severely as a baby and was essentially a vegetable.

He died alone in the ER with no one at his side except the nurse from the assisted living facility he came from. She was outside watching Monsters Inc.

To be fair, Monsters Inc. is an *EXCELLENT* movie.

So going to Hell for that one.


images.fandango.com

2319!!!
 
2011-03-09 10:01:18 AM  
She was found not guilty of shaking a baby, but pled down to the lesser charge of twisting and shouting.
 
2011-03-09 10:01:33 AM  

howdyyall9999: piperTom: In addition to the double jeopardy question, "shaken baby syndrome" might be easily subject to misdiagnosis.

She will be tried for murder now. She was never tried for murder.


This is why we need some form of the "year and a day" rule. The cause of death was pneumonia and complications from diabetes. Any coroner who ruled that a lack of oxygen 17 *YEARS* early as a primary cause of death should be fired on the spot.

Think about the implications of this. You could be charged with murder for (say) shooting someone in the ass with a BB gun if they don't get the BB removed and years later the site gets infected, they develop septicemia, and they die. It opens up a *WHOLE* can of worms for charging people with murder and manslaughter for original actions that would be at best misdemeanors, if the person's death years or decades later could be conceivably pinned on that original injury.

Besides which, legally, she didn't abuse the child: She was *ACQUITTED* of that charge, remember? So they can't pin murder or manslaughter on her because legally she didn't commit the underlying charge. This would be a slam dunk for any defense attorney: All he has to do is point out her former trial and acquittal on charges of abusing the child in the first place.
 
2011-03-09 10:02:05 AM  

This text is now purple: WienerButt: Working in health care I have a very "meh" outlook on death but one time it really got to me was a kid who was shaken severely as a baby and was essentially a vegetable.

He died alone in the ER with no one at his side except the nurse from the assisted living facility he came from. She was outside watching Monsters Inc.

Did he die of a broken neck? No? Then it wasn't shaking.


Considering shaken baby syndrome injuries consist primarily of brain damage from the brain bouncing around inside the skull and tearing blood vessels, I must conclude your mama must've gotten really tired of your crying when you were little.
 
2011-03-09 10:04:09 AM  

PirateKing: She was found not guilty of shaking a baby, but pled down to the lesser charge of twisting and shouting.


Hahaha! Awesome.
 
2011-03-09 10:04:12 AM  
I have managed to raise all my children past infancy without resorting to violence.

Now as they approach their teens, I see myself more and more wanting to shake the shiat out of them!!!

/I keed, I keed!
//Kinda sorta
 
2011-03-09 10:05:18 AM  

HotWingConspiracy: "They accused me, I was found not guilty and that's it."

She has a point there. The vultures need to fark off.


I agree. She was acquitted so end of story. This mom has had to live with this for 17 years. Let her bury her child in peace.
 
2011-03-09 10:09:56 AM  
www.jimpoz.com
 
2011-03-09 10:11:18 AM  
On the upside, their quoted law adviser has a blog, why does that matter you ask? What Robert(Bob) Loeb's Law Blog may look like:
Link (new window)

/yah I'm amused by simple things
//Voting? Sure why not
 
2011-03-09 10:14:03 AM  
But was she a hot babby?
 
2011-03-09 10:27:19 AM  
marleymaniac: I have managed to raise all my children past infancy without resorting to violence.

Now as they approach their teens, I see myself more and more wanting to shake the shiat out of them!!!

/I keed, I keed!
//Kinda sorta

Preach on, preach on!
 
2011-03-09 10:37:36 AM  
If that girl's mother had one of these (new window), she might still be alive

Where am I going, why am I in this handbasket and why is it so hot in here?
 
2011-03-09 10:38:58 AM  

FunkOut: This text is now purple: WienerButt: Working in health care I have a very "meh" outlook on death but one time it really got to me was a kid who was shaken severely as a baby and was essentially a vegetable.

He died alone in the ER with no one at his side except the nurse from the assisted living facility he came from. She was outside watching Monsters Inc.

Did he die of a broken neck? No? Then it wasn't shaking.

Considering shaken baby syndrome injuries consist primarily of brain damage from the brain bouncing around inside the skull and tearing blood vessels, I must conclude your mama must've gotten really tired of your crying when you were little.


Actually, the injuries aren't caused by the brain bouncing off the skull. This type of injury is known as Diffuse Axonal Injury (DAI). What happens is the brain gets shaken and, due to the fact that it's soft, the axons tear and/or stretch and become brittle. Bleeding occurs and there is an influx of calcium, causing apoptosis (cell suicide).

/Not a medical professional
//My 17 yo son was in a near-fatal car accident and has DAI
///He's still recovering 4 months later, may take over a year
 
2011-03-09 10:41:52 AM  
Thank you for waiting, submitter. I needed to read that a couple of times.

PirateKing: She was found not guilty of shaking a baby, but pled down to the lesser charge of twisting and shouting.


...and this thread is in the best possible hands.
 
2011-03-09 10:42:19 AM  

FunkOut: Considering shaken baby syndrome injuries consist primarily of brain damage from the brain bouncing around inside the skull and tearing blood vessels


Yeah, except 20 years after this fantasy was constructed, when people tried to do actual experiments and simulations they found that it was very hard to generate conditions that would do that by simple "shaking". Basically you have to slam the kid down hard to get enough acceleration of brain versus skull, and it's very hard to do that without also getting blunt force trauma or broken limbs or neck, or leaving visible grip marks on the kid.

There are hundreds, maybe thousands of women living in prison because of some idiotic quackery from the 70s-80s. Not to say the kids weren't abused, but sometimes the abuse was by someone else, and the bruises and other evidence cleared up and the kid was in the accused's care when the brain damage symptoms appeared. Meanwhile the white coats testified that the symptoms had to appear almost immediately, which is not the case. All based on this "shaken baby" bullshiat which shows how little MDs understand basic physics.
 
2011-03-09 10:55:19 AM  
upload.wikimedia.org
 
2011-03-09 11:28:25 AM  
another fine job by an asshole coroner. She died of pneumonia and complications from diabetes.
 
2011-03-09 11:48:36 AM  
Yeah, put me down as intensely suspicious of both the original Shaken Baby diagnosis and the pronouncement that her eventual death was caused by the same. Odds are very good that this was a kid with an underlying natural defect or disorder that caused both incidents, and the mom is being witch-hunted.
 
Ehh
2011-03-09 11:50:50 AM  
Ask Shirley Ree Smith (new window) about false conviction for shaken baby syndrome:

http://articles.latimes.com/2010/dec/16/local/la-me-1216-shaken-baby-verdict-20 1 01216
 
2011-03-09 12:01:13 PM  
There are a whole bunch of folks getting pardoned here lately because of one stupid doctor who called any sudden infant death shaken baby 15-20 years ago. Something like 20 out of 46 cases have been overturned. Meanwhile these (mostly parents) have spent years in jail, lost their families, friends, jobs. It's terrible. Plus the horror of losing your child.

But then a couple of months ago a 15-month-old normal baby was dropped off at daycare and picked up later that day comatose. She died two days later. Daycare provider is facing charges of murder based on SBS.

Who knows.
 
2011-03-09 12:08:30 PM  
Interesting that the initial diagnosis of shaken baby syndrome was made, since in the same paragraph the reporter mentions "blunt head trauma". Shaken Baby Syndrome is supposed to only be diagnosed in the absence of any anatomical trauma (eg, no skull fracture, no scalp lacerations, etc.)

I'd want to look at the full reports to judge for myself.

You are *never* off the hook for homicide, ever. It's totally reasonable to say that the kid died as a result of pneumonia and complications of diabetes which themselves occurred secondary to mental/physical disability which itself is secondary to SBS/brunt head trauma/whatever the original dx was. That this occurred years and years ago has nothing at all to do with the declaration of homicide as the manner of death.

The diagnosis of Shaken Baby is quite controversial, as previously mentioned.

That being said, when the ME declares the manner of death as homicide, that does not necessarily mean that the perpetrator is guilty, or will even be charged or go to trial. Likewise, a manner of "undeterminded" or "accidental" does not eliminate you from prosecution, either.

/Pathologist in training. 40 autopsies signed-out.
 
2011-03-09 12:19:21 PM  
This text is now purple: WienerButt: Working in health care I have a very "meh" outlook on death but one time it really got to me was a kid who was shaken severely as a baby and was essentially a vegetable.

He died alone in the ER with no one at his side except the nurse from the assisted living facility he came from. She was outside watching Monsters Inc.

Did he die of a broken neck? No? Then it wasn't shaking.


Protip: Shaken Baby Syndrome is not wrenching of the neck. The Coup-Contracoup of the brain repeatedly striking the inside of the skull and bouncing around causes dozens, if not hundreds, of tiny bleeds in the brain tissue. If the neck is broken, IIRC, it's not labeled shaken baby. Shaken baby is a very specific set of signs.
 
2011-03-09 12:32:01 PM  

This Looks Fun: How to make baby shake:

2 parts ice-cream
1 part baby
Blend, add milk if too thick


Leaving it in a snow drift works just as well, with less cost into ingredients.
 
2011-03-09 12:59:39 PM  
I spent ten years managing a group home for disabled children and adults. (They came in as children, but a lot of them spent their entire lives there). Over the course of those ten years, I lost 4 patients. They were disabled for a myriad of reasons: cerebral palsy, trisomy 21, blunt force trauma, near drownings. A lot of them were placed there by the state after their parents harmed them. Most of them were dumped there by parents who couldn't or didn't want to care for them any longer. About 1 in 10 had parents who called regularly and/or visited. Most of them were mentally arrested at 3-5 years of age and were well aware of their parents' absence. In all four cases of patient death, I and my staff were alone with them, no parents or family bothering, though we had of course informed them that their child was hospitalized.

Yeah, cool story sis. My point is that I hope the guilty party in this case dies in a farking fire. Yes, I'm bitter.
 
2011-03-09 01:17:18 PM  

Dylan and Eric: You are *never* off the hook for homicide, ever. It's totally reasonable to say that the kid died as a result of pneumonia and complications of diabetes which themselves occurred secondary to mental/physical disability which itself is secondary to SBS/brunt head trauma/whatever the original dx was. That this occurred years and years ago has nothing at all to do with the declaration of homicide as the manner of death.


This is why we need a "Year and a Day" kind of rule. It was common law at one time.

1. Neither Type 1 nor Type 2 diabetes is related to traumatic brain injury. I don't think gestational diabetes applies, but that isn't caused by brain injury either.

2. Pneumonia is similarly not related to traumatic brain injury.

These are the actual causes of death in this case: Pneumonia, coupled with

What you mean to say is that there is no statute of limitations on murder, which *IS* true, but there was no murder here, because the patient lived *SEVENTEEN FARKING YEARS* after her initial injury, for which the mother was acquitted by a jury of her peers (ie., in the eyes of the law she didn't do it).

Now, if the kid had died 17 years ago, and the mother hadn't been acquitted at trial, yes, they could press murder charges, because there is no statute of limitations on that. That's a different story than this case, however.
 
2011-03-09 01:43:42 PM  
story not as funny as headline, now I'm sad


voting? Okay
 
2011-03-09 02:09:58 PM  
dittybopper:
This is why we need a "Year and a Day" kind of rule. It was common law at one time.

1. Neither Type 1 nor Type 2 diabetes is related to traumatic brain injury. I don't think gestational diabetes applies, but that isn't caused by brain injury either.

2. Pneumonia is similarly not related to traumatic brain injury.



The early brain injury caused the kid to become disabled, and that disability caused pneumonia, likely due to aspiration of food stuffs/stomach contents and poor pulmonary toilet, and the disability caused diabetes (type II) due to limited physical activity and (possibly) poor glucose management. The diabetes is a bit of a stretch, but the pneumonia is slam dunk. Sorry.

The "year and a day" rule was dropped *specifically* because of improved critical care management in recent years.

Hypothetical: kid gets shot in the head intentionally by a parent, survives, becomes permanently disabled, develops diabetes and pneumonia, dies after 20 years. Most MEs would agree that this is still a homicide.

The fact that the mother was not convicted of injuring the baby does not invalidate the original *medical* diagnosis of Shaken Baby (however controversial the dx is), nor does it invalidate the manner of death as homicide; it just doesn't.

Regardless, from my limited legal knowledge, it would certainly seem as though double jeopardy has attached, making the whole discussion academic.
 
zez
2011-03-09 02:15:46 PM  

AbbeySomeone: Are you sure it wasn't shake your booty syndrome subby?


images2.wax.fm
 
2011-03-09 02:22:15 PM  
"All this has did is cause pain for me and my family," she said. "They accused me, I was found not guilty and that's it."


Sounds intelligent.
 
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