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State v. Mr. and Ms. W. (DMC No. 8674)

Mr. and Ms. W’s 15 month old son fell down and struck his head. He was taken to Phoenix Children’s Hospital and they determined that the injuries suffered were not consistent with a simple fall. They informed CPS (The precursor to DCS/ The Department of Child Safety) that they felt this was a case of “Shaken Baby Syndrome”. CPS then came in and took temporary custody of their child per Arizona Revised Statute ARS 8-823.

We immediately obtained medical records and the imaging scans taken of the child and forwarded them to an independent Forensic Doctor who specialized in Pediatric Injury. He reviewed all evidence, and concluded that this injury to the child was not caused by Shaken Baby Syndrome. All of this evidence was presented at the hearing and CPS reversed their decision and gave the child back to Mr. and Ms. W. In addition, no criminal charges were brought against Mr. and Ms. W. for alleged Child Abuse.

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