Lucy Cockcroft 15 Feb 2009
Two British pathologists have found that a combination of injuries used to diagnose abuse, known as the "triad", can happen naturally.
Dr Irene Scheimberg, from London's Bart's Hospital, and Dr Marta Cohen, from Sheffield Children's Hospital, warn that bleeding on the brain and retinas, swelling of the brain and oxygen deficiency do not only occur through vigorous shaking.
Their discoveries could have a dramatic effect on future child abuse trials and child protection hearings.
Dr Scheimberg said: "When there is no evidence of physical abuse, apart from the haemorrhaging, we may be sending to jail parents who lost their children through no fault of their own.
"As scientists it is our duty to be cautious when we see the triad and to take each case on its merits. We owe it to children and their families."
The authors looked at 25 babies who had died shortly before delivery and 30 newborns who had haemorrhages and found similar damage to the brains of all the babies.
The study concluded that the symptoms are common in young babies and could be caused by a traumatic birth or other conditions.
Dr Scheimberg and Dr Cohen believe that what they have found means police and lawyers will need more evidence than bleeding in the brain to prove that a baby has suffered child abuse.
Dr Scheimberg said: "We now know that mothers who have babies through normal vaginal delivery can have a child with a subdural haemorrhage and also retinal bleeding.
"We also know that many of these bleeds resolve themselves – with no outward sign of damage in the first few weeks of life and these children grow up to live a normal life.
"The other group are those children who present with signs of shaken baby syndrome whose bleeding has continued and got worse. These are the children who the courts suspect have been harmed by their parents."
The evidence could now be used in a string of appeals, including the case of childminder Keran Henderson, who is serving three years for the manslaughter of 11-month-old Maeve Sheppard.
Medical experts argued that Maeve's injuries indicated that she had been violently shaken.
But Henderson, of Iver Heath, Buckinghamshire, said the baby had a fit while she was changing her nappy.
Her lawyer, leading child abuse expert Bill Bache, said he was "absolutely sure" the research will be used in appeal cases.
"It is very likely we will use it in Keran Henderson's appeal," he added.
Mr Bache said the evidence may also be used in at least four further cases.
The "triad" of symptoms first came to public attention in 1998 in the US trial of British au pair Louise Woodward, who was found guilty of the second-degree murder of eight-month-old Matthew Eappen in October 1997. She was sentenced to a minimum of 15 years to life in prison.
Her conviction was then reduced to involuntary manslaughter. Her sentence was also reduced to time served on remand, 279 days, and she was freed.
Around 200 cases of shaken baby syndrome are diagnosed in Britain every year and many accused of abuse strenuously deny any wrongdoing.
The study concluded that the symptoms are common in young babies and could be caused by a traumatic birth or other conditions.
Dr Scheimberg and Dr Cohen believe that what they have found means police and lawyers will need more evidence than bleeding in the brain to prove that a baby has suffered child abuse.
Dr Scheimberg said: "We now know that mothers who have babies through normal vaginal delivery can have a child with a subdural haemorrhage and also retinal bleeding.
"We also know that many of these bleeds resolve themselves – with no outward sign of damage in the first few weeks of life and these children grow up to live a normal life.
"The other group are those children who present with signs of shaken baby syndrome whose bleeding has continued and got worse. These are the children who the courts suspect have been harmed by their parents."
The evidence could now be used in a string of appeals, including the case of childminder Keran Henderson, who is serving three years for the manslaughter of 11-month-old Maeve Sheppard.
Medical experts argued that Maeve's injuries indicated that she had been violently shaken.
But Henderson, of Iver Heath, Buckinghamshire, said the baby had a fit while she was changing her nappy.
Her lawyer, leading child abuse expert Bill Bache, said he was "absolutely sure" the research will be used in appeal cases.
"It is very likely we will use it in Keran Henderson's appeal," he added.
Mr Bache said the evidence may also be used in at least four further cases.
The "triad" of symptoms first came to public attention in 1998 in the US trial of British au pair Louise Woodward, who was found guilty of the second-degree murder of eight-month-old Matthew Eappen in October 1997. She was sentenced to a minimum of 15 years to life in prison.
Her conviction was then reduced to involuntary manslaughter. Her sentence was also reduced to time served on remand, 279 days, and she was freed.
Around 200 cases of shaken baby syndrome are diagnosed in Britain every year and many accused of abuse strenuously deny any wrongdoing.
