Supreme Judicial Court of Massachusetts Opens the Legal Door to Retry All Shaken Baby Syndrome Convictions

As the medical profession continues to debate the merits of "Shaken baby syndrome" (SBS), the American judicial system is increasingly determining that the evidence against SBS is strong enough to prevent convictions in a court of law, where the standard is "reasonable doubt." As Christina England reports, Chief Justice Ralph Gants from the Supreme Judicial Court of Massachusetts just ruled this month that another SBS case in Massachusetts must be re-tried, because evidence contrary to the supposed "science" behind SBS was not presented at the trial. Judge Gants even went beyond just issuing a ruling to provide legal advice to attorneys seeking to represent their clients against SBS claims. So now the question remains: if these parents have had their children removed illegally, and many of these parents have wrongly been convicted and incarcerated, should doctors who are responsible for these injustices be tried in a court of law for their crimes? An important case was heard last year in the Ninth Circuit Court, which ruled that Dr. Claudia Wang, the medical director of UCLA’s Suspected Child Abuse and Negligence (SCAN) team, does not have immunity from civil lawsuits, may have set an important legal precedent.

Same Doctor Behind Two Wrongly Convicted Shaken Baby Cases in Massachusetts

Dr. Alice Newton, the Medical Director of the Massachusetts General Hospital Child Protection Program, is back in the news. Dr. Newton gained attention in the media in 2014 during the Justina Pelletier medical kidnapping case when she used the designation of "medical child abuse" to take Justina away from her parents. Justina's parents were not happy with the treatment of Justina, and had sought a second opinion, more consistent with their regular doctor. In this report from WCVB in Boston, two people who were accused of "Shaken Baby Syndrome" by Dr. Alice Newton have allegedly had their charges dropped after being wrongly convicted on false evidence. Dr. Newton is part of a recently created pediatric specialty that looks for medical child abuse. Some would say that these specialists must find medical abuse to justify their positions, and that they often are quick to make judgments without considering other evidence.