Showing posts with label Disabled after SBS. Show all posts
Showing posts with label Disabled after SBS. Show all posts

Friday, 24 June 2011

SBS: California: James Yang 10 year sentence affirmed

An appeals court on Wednesday affirmed the 10-year prison sentence given to an Olivehurst man who beat and shook his 3-month-old daughter, leaving her blind and brain-damaged.
James Yang was 26 when arrested in March 2009 on suspicion of cruelty to a child.
Yang became angry at the girl when she defecated while he was changing her diaper. He hit her hard across the face three times. When he gave her a bath, he noticed she was not breathing, according to a court document.
"After several attempts to revive her, she began gasping. He called 911," wrote Presiding Justice Vance W. Raye of the 3rd District Court of Appeal.
A year later, the girl still suffered the effects of shaken baby syndrome, including an abnormally small head and inability to control her arms and legs. She is blind and requires a feeding tube, Raye wrote.
Under a plea agreement with the Yuba County District Attorney's Office, Yang was to receive the mid-term prison sentence of 10 years. Judge Kathleen O'Connor refused to accept the plea, citing the circumstances of the offense.
A few weeks later, however, Judge Julia Scrogin accepted the plea and sentenced Yang to 10 years. She ordered him to pay $65,665 in restitution — the cost of his daughter's Medi-Cal care, according to the document
http://www.appeal-democrat.com/news/yang-107609-court-sentence.html

Sunday, 26 December 2010

SBS: Oregon: DiNucci Family copes with anguish, lifetime of disability

Mara Stine
(news photo)  Jim Clark / The Gresham Outlook

Ashley DiNucci was car shopping with her father when she saw a chubby baby gleefully biting its toes.
In this moment, she truly accepted that her own baby, also just a few months old, would never reach such a milestone.
At just 6 weeks old, Rockell DiNucci was shaken by her father, Brandon DiNucci, in September 2007. While being raced to the hospital in an ambulance, she stopped breathing a block from the family’s Gresham home.
Doctors at Doernbecher Children’s Hospital said the baby was not viable. She’d never breathe, eat, talk or walk unassisted. Due to the extreme swelling of her brain and bleeding, most of her injured brain had turned to spinal fluid, or “melted away,” as doctors described it.
Neurologists likened it to a leaf that dries up.
If you hold it by the stem and blow with enough force, the leaf is stripped away while the stem remains.
In Rockell’s case, her brain stem in the back of her brain remained intact. But the rest disappeared.

Lucky to have survived

Although there is no official central registry of shaken baby statistics in the United States, an estimated 1,200 to 1,400 babies die or are injured by being shaken every year, according to the National Center on Shaken Baby Syndrome.

About a quarter of those children die, while most of the others sustain permanent brain damage.
This spring, Time magazine reported a significant increase in cases of Shaken Baby Syndrome since the nation’s recession began.
Researchers, led by a Pittsburgh child-abuse expert, analyzed data on 512 cases of head trauma at children’s hospitals in Pittsburgh, Cincinnati and Columbus, Ohio, and Seattle.
The number of cases had increased to 9.3 a month as of Dec. 1, 2007, compared with six each month prior to that date. The rate had remained steady since 2004.
Experts say the increase correlates with the recession and resulting financial stress parents may be under.
Rockell’s grandfather, Jim Kaufer, doesn’t believe the economy was a factor in his granddaughter’s abuse. Brandon DiNucci, 20, pleaded guilty to first-degree attempted assault and was sentenced to five years in prison in March 2008. He is scheduled for release in 18 months, after which he can’t see Rockell for a year.
Jim says DiNucci doesn’t have an anger problem.
Instead, he said the man he considers a “gentle, soft beautiful kid,” was so eager to prove what a good parent he was that he took on too much and snapped.
His drug use also was a factor, Jim said.

Miraculous recovery

Despite Rockell’s grave prognosis, she stunned doctors by breathing and eating on her own.

Her family rejoiced. Rockell’s grandparents dubbed her a miracle baby and were convinced she’d make a full recovery. “When they’re that young, you hear them make a sound and you say, ‘See, they’re cooing. They’re going to be fine,’ ” Jim said.
At first, Ashley also shared in their optimism. But as Rockell grew older, reality set in: Rockell would never grab her toes, let alone suck them, like that baby in the car dealership.
Rockell, now 3, has had five brain surgeries. Her right eye is a prosthetic and doctors think she can only detect light with her left eye. She has about 20 small seizures a day. She also can’t stand or sit on her own.
“Things have been much more of a challenge than we ever imagined,” Jim said. To help Ashley care for her, Lisa, Rockell’s grandmother, quit her job with Food Services of America, where Jim also works as a sales representative.
Rockell can roll from her belly onto her back, but otherwise can’t really move. As a result, her mother and grandparents spend a lot of time holding her, almost like a rag doll.
To prevent her hips from dislocating, Rockell spends a few hours a day strapped to a “stander” that her mother built for her.
Rockell sees a physical therapist twice a week, but insurance only covers 24 visits a year. That leaves 80 uncovered visits, totaling $16,000 a year. Insurance also won’t pay for the $10,000 specialized walker she needs if she’ll ever be able to walk. She also needs a special chair to help her posture, but insurance won’t pay for that either.
Jim recently partnered with a local coffee roasting company that has agreed to sell a few select blends as a fundraiser for Rockell’s ongoing medical care.
Because of the long distance between Rockell’s physical therapist in Milwaukie, the family has moved out of its Gresham home – where they lived for 26 years – and into a house in Happy Valley. It’s just 10 minutes from Rockell’s physical therapist, who is confident the girl will walk someday.
The mere mention of it brings a smile to Lisa’s face. Ashley, however, is much more guarded with her optimism.
“It’s too depressing to live for the next day thinking she’s going to get better, only to see it not happen,” she said.
“We’re not giving up, but we’re realistic,” Lisa said. “You just do everything you can. You can’t ever give up.”
After all, the girl is absolutely adorable. She loves to be held. She has fantastic hearing.
“Bionic,” Jim calls it. And she’s got spunk – she pretends to fall asleep if she doesn’t like what’s on her plate.
“She knows happiness. She loves music. There are times when she breaks into a smile and you know she’s experiencing joy,” Jim said. “Will she ever be like Kaikoa?” he asked, gesturing toward Rockell’s 2-year-old cousin playing with her on the floor. “God only knows. She’s going to be whatever she’s going to be, and we love her for every inch that she’s got.”

Saturday, 23 October 2010

SBS: Ferretti second trial

Christine Ferretti Mount Clemens - A jury deliberated for about four hours today without reaching a verdict in the second trial for a woman previously convicted of shaking her infant nephew, leaving him blind and brain-injured.

Julie Baumer, 34, of Harrison Township, was granted a new trial in November 2009 on claims her previous legal counsel was ineffective. Her new attorney, Carl Marlinga, has presented an alternative theory that it was a childhood stroke that caused Philipp Baumer's condition, not abuse. Philipp, now 7, has since been adopted and renamed Ben Zentz. Baumer was convicted of first-degree child abuse in 2005 on claims she violently shook the then-six-week-old boy in October 2003.
The Macomb County Circuit Court jury today asked to review all of the child's medical records, the transcript from his birth video, medical testimony and about 20 photographs of the boy taken just after birth. Judge James M. Biernat dismissed the panel for the day at 5 p.m. Deliberations are set to resume at 9 a.m. Friday.
Assistant Prosecutor Richard Goodman told the jury Philipp was thriving until he was admitted to a hospital in October 2003 and his injuries are not consistent with the childhood stroke condition defense is contending, he said.
Marlinga said the case against Baumer is "highly circumstantial." She had no motive to injure the nephew she planned to adopt and he'd been a sickly child since birth, Marlinga said.
If Baumer is convicted, she will return to prison to finish out the rest of her term.
 http://www.detnews.com/article/20101014/METRO03/10140477/1361/Jury-continues-deliberations-in-shaken-baby-trial#ixzz13DlSetJf

SBS: Two Years Leads To Alford Plea

 Darien Laird,  October 19, 2010


Since April 2009 Hannah's day care provider, Patricia Ann Widerburg, has been accused of involuntary manslaughter of the child. Doctors determined it was Shaken Baby Syndrome in an autopsy after her death.
Widerburg pled guilty with an Alford plea, which means she does not admit to being guilty, but does admit that if the case was presented to a jury, there might be enough evidence to be found guilty.
Emotions ran high for both sides as Widerburg sat in front of the family and friends of Hannah, especially because this means some sort of closure for every party involved.
"I mean obviously we can't bring Hannah back,” said Angela Lloyd, Hannah’s aunt, “but it has made us draw closer as a family and we will always remember her. She will always be in our hearts."
Widerburg said the only reason she is finally submitting to this plea is to give her family and friends their life back, even if it means five months at the South Boise Women’s Correctional Facility and possibly another three to seven years in jail.
“She’s not guilty,” said Corbet Miskin, Widerburg’s neighbor and friend. “She's spent over two years now, well approaching two years now, being run through the ringer. She lost her business. She lost her ability to make money. She lives in a community where everyone looks at her with a question mark."
The Covington family said they are trying to come out of the situation with a desire to help. Hannah’s grandmother, Karla Covington, has plans to start a support group for mothers and women who need someone to call when they feel the desire to shake or harm a child.
"Just in Hannah's death alone, there were five or six of us that had Patricia come to me and said, 'Karla, I need help,' she was a good enough friend of mine that I would have stayed home that day, gone over and taken the grand kids, my daughter would have gone over to help," said Covington, "but there's shame in our society for saying I need help."
According to a study performed in four children centers around the country by Children's Hospital of Pittsburgh, the increase of Shaken Baby Syndrome per month has risen to 9.3 percent per month since December 2007. Experts equate this to the economic crisis.
<http://www.localnews8.com/news/25433822/detail.html>

Wednesday, 29 September 2010

SBS: Florida

BRAD DICKERSON
SEBRING - Police arrested a Sebring man Tuesday on a warrant accusing him of throwing a 3-month-old child onto a bed so hard that it caused the infant to stop breathing.
William Clay Hunter, 31, is charged with cruelty toward a child that causes great bodily harm, a first-degree felony.
He remained in the Highlands County Jail todayunder a $100,000 bond.
The incident reportedly happened on Aug. 8, according to the arrest report. The child was taken to an undisclosed medical center, where it was determined she suffered abusive head trauma, or "shaken baby syndrome."
Sebring Police Sgt. Curtis Hart said Wednesday that the infant is currently stable and out of the hospital.
The arrest report indicated that there was also past evidence of injuries to the child, but Hart couldn't get into the extent of those injuries.
A child protection team physician diagnosed that the child will have long-term mental problems, according to the report.
Hunter denied abusing the infant in his initial statements to authorities.
http://www2.tbo.com/content/2010/sep/22/la-man-charged-with-severely-abusing-infant/

SBS: Missouri

Seven-month-old Lane Schaefer is home from the hospital after he was injured at his daycare last month. However doctors tell the family Lane may never regain his vision.
Prosecutors charged daycare provider Shelley Richter of Taos, Mo. with felony child abuse.
Family members said that he returns to the hospital daily for physical therapy. It is not yet known what the long-term effects of the brain injuries will be.
Doctors told investigators Lane's injuries are consistent with shaken baby syndrome. Richter said she tripped over another child and dropped Lane on a concrete floor.
http://www.uppermichiganssource.com/news/story.aspx?id=514346

SBS: disabled survivor

A few minutes of male rage were all it took to strip the potential of a healthy life from baby Phoenix Laver.
How often have health experts warned people never to shake babies? Infants’ neck muscles are weak and their brains are undeveloped.
Shaking a crying baby to make it stop is both dumb (you think the baby’s going to get the message?) and potentially catastrophic.
You can a kill an infant in a couple of seconds if you shake it hard enough. The whiplash effect can cause blood vessels to bleed into the brain. It’s akin to throwing your baby off the roof.
Now three years old, Phoenix has epilepsy and cerebral palsy because of the 2007 assault and could face visual difficulties, seizure disorders and behavioural problems down the road.
Michael Bagley, the man who changed Phoenix’s life forever, pleaded guilty to aggravated assault on Monday just as his trial was to begin. His sentencing hearing is in January.
What can the 32-year-old possibly say in his defence? That he lost it because his girlfriend’s baby wouldn’t stop crying? Who can possibly feel sorry for this man?
He didn’t put Phoenix in his crib, close the door and let him cry for a while. He didn’t call his girlfriend or take a few deep breaths to calm down.
Instead, Bagley threw the six-month-old on the couch, shook him repeatedly and tossed him onto a bed three times. (Phoenix hit the bed with his head.) Then he dropped the tot into his crib and abruptly picked him up again so that Phoenix’s head hit the side of the crib.
The seriously ill infant was whisked to hospital the next day.
Single moms might want to listen up. A couple of months ago, I wrote a piece on the so-called Cinderella effect — that step-parents abuse and kill children at much higher rates than birth parents.
This is not to suggest most step-parents and boyfriends are potentially dangerous.
Far from it. But if you’re living with or dating a guy with a hot temper or weak coping skills, your fussy baby and his inability to handle the situation appropriately could put your baby at risk.
“You have to picture the scenario in which these situations actually take place,” says Dr. Louis Francescutti, an emergency doctor and University of Alberta injury researcher.
Typically, a guy who meets a single mom is interested in her, not her kids, he says.
“It’s lack of care, lack of love, lack of compassion, lack of skills,” he says.
He added he suspects there are far more instances of shaken baby syndrome (SBS) than we think because so many cases may be undiagnosed.
“I think what we’re seeing is the tip of the iceberg, unfortunately,” he says.
“How many kids go to school with learning disabilities because somebody’s shaken their head … and the health-care system never found out about it?”
Since 2000, 27 children have died in Alberta from non-accidental traumatic head injuries, according to the office of the chief medical examiner. Last year, alone, there were five such deaths, a troubling uptick.
Years ago, former Oilers tough guy Georges Laraque was the poster boy for a local SBS public awareness campaign.
You may remember the eye-catching image of Laraque holding a baby. The tag line? “Are you tough enough to be gentle?”
Susan Patenaude, co-ordinator of the Alberta Network for Safe and Healthy Children, a provincial child-abuse initiative, thinks it’s time for another hard-hitting campaign.
Young men constitute the highest risk group for baby-shaking, she adds.
“The challenge is that people often have heard … that you shouldn’t shake a baby, but they don’t understand what happens. It’s a pretty devastating result.”
http://www.calgarysun.com/comment/columnists/mindelle_jacobs/2010/09/17/15381116.html

Thursday, 23 September 2010

SBS: Eight year sentence

INDIANAPOLIS -- A 23-year-old man has been sentenced to eight years in prison for abusing his girlfriend's 10-month-old daughter.
Avonte Yarbrough was arrested in January 2009 after the girl suffered bleeding on the brain and other injuries consistent with shaken baby syndrome, Indianapolis police said.
He was convicted of battery this year and sentenced on Friday.
In court, family members said the girl, now more than 2 years old, is not walking or talking, and that doctors said it's unclear how she'll progress over the years.

http://www.theindychannel.com/news/24959204/detail.html