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  • Re G (A Child) (CA) [2012] EWCA Civ 1377

Edward Hayes LLP win baby shaking case

Edward Hayes LLP acted for the Mother in care proceedings, where it was alleged that whilst in her sole care, she had purposefully injured her baby. Unfortunately, the baby had fallen off a bed on two consecutive days whilst the Mother had been changing her nappy.  On hospital admission, it was found that her baby had subdural bleeding around the brain and spine and intra-retinal haemorrhages (bleeding around the brain, spine and eyes).

The Mother’s account of the falls from the bed and having shaken her baby gently in an attempt to resuscitate her on the instruction of the 999 operator, was not accepted by the Local Authority and they alleged that she had caused a non-accidental injury to her baby, consistent with baby shaking. This matter proceeded to a 4 day fact finding hearing at the High Court.  We successfully contested the Local Authority’s case, challenging evidence of treating doctors and independent experts. No findings were made against our client and her account was accepted by the Court.

The baby was returned home to her parents’ care and after being challenged by us, the police confirmed that they would not be taking any action against her.

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