Bloomberg Law Landmark 'Shaken Baby Syndrome' Ruling
Nov 20, 2025
In this engaging discussion, Alex Ebert, a senior correspondent at Bloomberg Law, dives into a landmark New Jersey ruling on shaken baby syndrome, critiquing its reliance on medical findings. Jacqueline Thomsen explores the evolving dynamics of the conservative Fifth Circuit, noting how senior judges are influencing decisions toward moderation. Meanwhile, Harold Krent, a constitutional law expert, analyzes the Supreme Court's Jarczyk decision and its implications for agency in-house adjudication, highlighting a growing trend in favor of agencies in legal challenges.
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Medical Diagnosis Alone Is Insufficient
- The New Jersey Supreme Court ruled medical diagnosis alone cannot sustain shaken baby charges without external signs of trauma.
- The court found longstanding scientific conflict over whether the triad of symptoms uniquely proves shaking.
Two Fathers' Cases Sparked The Challenge
- The decision involved two fathers of premature babies who sought medical help when their infants seized.
- Doctors concluded the fathers caused injury despite no external signs, prompting defense challenges.
Court Reviewed Decades Of Conflicting Science
- The court conducted a deep historical and scientific review dating back to the 1960s and whiplash studies.
- It traced how shaken baby diagnosis became accepted and where newer studies cast doubt on its exclusivity.
