Shaken baby/shaken impact syndrome (or SBS) is a head trauma that occurs, as the name suggests, when a baby is shaken forcibly enough to cause extreme countrecoup injury. This causes injury to blood vessels, causing bleeding into the brain. Between 1,200 and 1,400 children in the United States sustain head injuries from abuse every year. Most of them are infants less than one year old. It's just awful.
The injuries from shaken baby syndrome are largely invisible. There are no external marks on the baby — no bumps, bruises or cuts - to show an injury. But an MRI or CT scan will show the bleeding. The injuries from shaking a baby range from minor to death.
More often than not, the perpetrator is the child's parent which means there is rarely a potential lawsuit and the only attorney involved is the one representing the criminal defendant.
Shaken baby lawsuits are typically brought against babysitters, who may be covered by homeowners insurance, day care workers, and even health care providers. In some of these cases, the defendants cannot be convicted criminally beyond a reasonable doubt but might have exposure in a civil lawsuit.
Remember, we are talking in this context about civil lawsuits. The burden of proof in these cases is not intent. It is whether the shaking of the child resulted in an injury or death.
If you know or suspect your child has suffered a serious injury from shaken baby syndrome, we will discuss your case with you and let you know whether we believe there is a potential claim/lawsuit. Call 800-553-8082 or get a free online consultation.