Weak Allegations of Shaken Baby Syndrome Keep Tearing Families Apart
Nick Flannery faces 12 years in prison for allegedly shaking his 2-month-old son. Child protective services are ignoring the other possible causes of his son's medical problem.
An Ohio father is facing 12 years in prison after he was accused of shaking his 2-month-old son. According to a new investigation from ProPublica and The New York Times Magazine, there's ample evidence suggesting that the child's medical collapse could have been caused by complications from a traumatic birth. Even so, two child abuse pediatricians—members of a young and controversial medical subspeciality—say that the only reasonable explanation is abuse.
In 2023, Nick Flannery was caring for his sons while his wife Felecia was at a doctor's appointment. According to ProPublica reporter Pamela Colloff, Flannery's 2-month-old, identified in the story as "Arlo," suddenly went limp and stopped breathing. Nick called 911, and paramedics soon revived Arlo. At the hospital, a CT scan detected subdural hematoma, or a collection of blood between the brain and the skull—one of the symptoms typically associated with "shaken baby syndrome" (SBS), now often called abusive head trauma.
Flannery was soon accused of abusing Arlo—who has since completely recovered—even though there were no other signs he had been abused. "He had no bruises, scratches or cuts. No external evidence of head trauma, like a scalp injury or a skull fracture," Colloff writes. "No broken bones. No symptoms of neglect or malnutrition. Nick and Felecia were his sole caregivers, and neither of them had any prior interaction with child protective services or a criminal history."
Further, Arlo's medical history provides a plausible explanation for his subdural hematoma. Arlo's birth was traumatic, "More than 24 hours of labor—augmented with Pitocin, to make contractions stronger—had left a deep hollow above his forehead," Colloff writes. Arlo's head size skyrocketed after his birth, at one point reaching the 99th percentile, and doctors were already monitoring this head growth when he collapsed. Further, Colloff points out that Arlo's own neurosurgeon provided supporting evidence that his hematoma was preexisting. "The blood on the infant's brain was straw-colored, the surgeon had observed," Colloff wrote, "not the pink or red typically associated with acute trauma."
Even so, the Flannerys' sons were removed by child protective services—though they were later returned, with the Flannerys subject to strict constant supervision with their children. Nick was also charged with assault and child endangerment.
The Flannerys aren't alone. SBS is a highly controversial diagnosis. Infants have been shown to suffer some of the "triad" symptoms of SBS—subdural hematoma, retinal hemorrhage, and brain swelling—after short falls or traumatic births, and other studies have shed doubt on the idea that vigorous shaking can even reliably cause these symptoms. According to the National Registry of Exonerations, three dozen people who were convicted of shaken baby syndrome–related crimes have been exonerated. In 2022, a New Jersey judge went so far as to call SBS "junk science."
The ordeal has been harrowing for the Flannerys, especially as the state is still attempting to permanently remove their children. "We've asked our caseworker, 'So what comes next?'" Felecia told Colloff. "And the answer is that they are still pursuing custody. They offer us no plan—just that we need to say that Nick harmed Arlo."
