LA Shaken Baby Lawsuit Attorney

Call Today: (213) 596-9642

Shaken baby syndrome, or SBS, is a severe and life-threatening condition. The leading causes of SBS to children are society's abusive culprits.

Mother carrying her child in a baby sling
Mother carrying her child in a baby sling

Table of Contents:

Could SBS Result in Abusive Head Trauma or AHT?

Ater of fact, this is medically categorized as a type of Inflicted Traumatic Brain Injury. ("ITBI") As the name denotes, this type of infliction remains preventable because shaking a baby is a voluntary action causing permanent infant harm. But once the harm has occurred, immediate action must follow to protect the baby.

  • Here, the undeveloped brain gets violently shaken inside the skull cavity.
  • So it can tear the child’s blood vessels that nurture the mind.
  • Once the blood and fluid build up in the brain, severe pressure may lead to brain damage.
  • Warning signs include bloody retinas or eye damage. Get the infant to a doctor. Most of all, contact an attorney immediately.

What Are the Main Causes of SBS?

Physical abuse is a terrible crime, especially to infants. Abuse is the top cause of catastrophic head injuries leading to SBS. Shaking a child can cause this easily, while throwing a child or hard impacts can also lead to it.

What are the Primary Symptoms of SBS?

Whiplash can lead to severe issues, including bleeding of the brain and fluid in the skull. While there may not be apparent clues, often there are warning signs to watch.   As stated by the National Center on Shaken Baby Syndrome, these can include:

  • Bruises about the head, arms, neck, and chest
  • Respiratory problems like difficulty breathing
  • Problems lowering and raising the head
  • Inability to track movement with the eyes
  • Different sized pupils from left to right
  • An ordinarily happy child no longer smiles.
  • Throwing up food out of the blue
  • Welts or bumps on the head
  • Swollen forehead or head
  • Problems with speech
  • Less lean muscles
  • Convulsive attacks
  • Stubbornness
  • Irascibility
  • Sluggishness
  • Inability to eat

In many severe SBS cases, a severe neurological disorder could be a result, perhaps leading to death. A child can pass out and never recover from the event, leading to nervous system collapse.   There is only one way to be sure– contacting a doctor that will help you through this tough time.

What are the Permanent Effects of SBS?

If the case of SBS is particularly severe, causing Traumatic Brain Injury, your baby may suffer from permanent disabilities.  

Some of the effects of TBI are:

  • Major or even minor learning disabilities
  • Incorrect or biased motor function
  • Problems with receptive language
  • Problems with memory cognition
  • Permanent speech issues
  • Inability to perceive

Because the child’s brain and the neurological network is still growing, this is among the most severe issues that can be faced.   Erratic emotions, lack of physical control over the muscles, and limbs are all possibilities that go hand in hand with a permanent disability.

What Do The SBS Statistics Say?

The National Center for Shaken Baby Syndrome statistics shows that:

  • One thousand four hundred infants are given medical care for SBS each year.
  • Unfortunately, about 25 or 30% of these infants pass away from the complications of SBS.
  • Those that survive often face severe and life-altering injuries that can stay with them for decades, if not longer.

I Suspect My Child Suffered Shaken Baby Syndrome? What Next?

When a responsible adult suspects that a child is a victim of shaking or throwing, they must first bring the child to the doctor or emergency room. If this is proven to be the case, you must consult an attorney to determine the next recovery step.

How Can SBS Be Prevented?

Education is the primary way to prevent SBS. Some adults are awful and hurt children. With SBS being not entirely preventable, dealing with this severe issue is necessary.

  • Not hitting children for crying or shaking children inadvertently is vital.
  • Preventing child abuse is something that every responsible citizen can do to make the world a better and more loving place.
  • Educating new parents is key to reinforcing prevention.
  • Mentoring new families by identifying the emotional triggers and methods of working through them can certainly mitigate or diminish the potential risk factors entirely. The end game is prevention.

What Are Future Expenses a Child With SBS May Incur?

Infants that suffered a shaking incident experience future issues related to it– and so will have their family. If harm to the child was by a family member, a nanny, babysitter, or daycare worker, insurance might be at play.

And if there is coverage, it can help offset the costs of medical issues, rehab, and full-time care that could bankrupt a family. Either way, subrogation may apply. A great lawyer is essential to navigating these matters to make sure you can keep the legal case proceeds.

What are the Differences Between and Criminal and Civil Case Against the Wrongdoer?

A criminal case that involves a shaken baby is much different than a civil lawsuit. But in civil court, negligence is the focus of the issues, not whether a prosecutor can prove a crime. So a person's intent to harm the baby is not needed for suing in civil courts.

  • Instead, a family injury attorney must prove the person handling the baby failed to use reasonable care.
  • Since proving a criminal case requires a unanimous verdict, the accused may escape a criminal conviction. But this does not mean we as your civil attorneys cannot still prove your case.

If we can show a jury in a civil case that the person responsible was careless, unintentionally injured the baby, or did not handle the child reasonably, you can win.

What are the Relevant Standards of Proof?

When dealing with a lower level of evidence, it becomes easier to prove the responsible party should pay for the damage. So this makes the job a bit easier in showing they carried out the assault.

How Can Specialized Attorneys Help You Win?

In any event, our specialized attorneys at the Ehline Law Firm can tackle these above issues in court. So that way, we can hold the injury-causing party financially liable in court. Most of all, that liability is the means of getting you the money you deserve as compensation.

What Are Some Advantages of a Private Lawyer?

An attorney with experience in cases like this can make a big difference. Of course, this remains especially when dealing with these issues. Often, it remains a deciding factor. The fighters at the Ehline Law Firm stand ready to assist the victims of such an assault and their families.

  • We know the civil law process steps, the criminal courts, and how to convince a jury or even settle out of court.
  • Our staff organizes evidence, consults with medical and other professionals,
  • We front the costs
  • And we don’t charge you a dime unless we win for you.
  • We can find the witnesses needed to testify on your and your infant’s behalf in any event.

Because we use our wealth of knowledge to help get this dark time, we are experts. Call us today for a free consultation at (213) 596-9642.