As trusted injury lawyers serving the Bay Area, we’ve seen just about every type of injury case imaginable, and few are as tragic as those involving children. If your child was injured by a negligent caretaker or adult, we may be able to help. Contact us to schedule a free consultation.
The thing about babies is that they cry—sometimes a lot.
They don’t do it to punish or manipulate you; they don’t do it because they’re spoiled. Babies cry, sometimes fervently, because it’s their only communication tool, and they have a biological imperative to make their needs known.
As a loving parent, you understand these ideas almost instinctively. Your love for your baby is boundless and unconditional. No matter how haggard and sleep deprived you become in the first few months of parenthood, you would never dream of causing them physical harm. However, that’s not necessarily how hired caregivers, babysitters or family members feel.

When a caregiver becomes extremely frustrated, triggered or angered by a crying baby, they may shake the baby in an attempt to calm it down. Whether they realize it or not, violent shaking could cause irreparable damage to the baby’s brain, an injury referred to as shaken baby syndrome (SBS). This type of brain injury is a form of child abuse and can result in permanent brain damage, disability and death.
If you suspect a caregiver may have given your child shaken baby syndrome, you deserve justice. We may be able to hold the negligent party accountable while we pursue compensation for your child’s recovery. This article will explore common symptoms and causes of shaken baby syndrome, as well as the steps to getting a diagnosis.
At Delfino, Green & Green, we understand that serious injuries affect more than physical health. They impact a family’s finances, job options, quality of life and more. We believe your settlement should reflect the full range of these losses and will work tirelessly to secure it.
Free Consultation
Ready to get started? Contact us online or give us a call at (415) 442-4646 to schedule your free consultation.
Understanding Shaken Baby Syndrome
There are between 600 and 1,400 cases of shaken baby syndrome in the U.S. each year, according to the National Center on Shaken Baby Syndrome. This injury represents the most common cause of child abuse deaths in young children (under five years of age) and typically has lifelong effects on the victim, putting them at risk for developing a variety of serious health problems.
Causes of Shaken Baby Syndrome
Before discussing the symptoms, it’s important to understand how shaken baby syndrome occurs. Shaken baby syndrome is a type of traumatic brain injury (TBI) that occurs when a small child is shaken violently. As young children have underdeveloped, weak neck muscles, there’s nothing to stop the baby’s brain from bouncing back and forth against the inside of their skull. This whiplash can result in bleeding, bruising and swelling.
Shaken Baby Syndrome Symptoms
Just like with other types of brain injuries, shaken baby syndrome may present with a wide range of symptoms, some of which are much easier to spot than others. After sustaining this type of injury, a baby may present with any of the following symptoms:
- Bleeding, bruising and swelling in the brain
- Bleeding in the eye, retinal hemorrhages
- Unconsciousness
- Seizures
- Breathing difficulties and pale or blue skin
- Extreme irritability and vomiting
In some cases, a baby’s symptoms aren’t immediately apparent and only appear as the child grows older. These latent symptoms and conditions could include vision problems or loss of sight, problems with body movement and control, seizures, weakness, neck and spinal cord damage, intellectual and learning disabilities and more. No matter when they appear, though, research is clear that this type of abuse can result in severe and lasting health consequences.

Getting a Shaken Baby Syndrome Diagnosis
Although a parent may not be able to tell whether or not their child is suffering from shaken baby syndrome, a thorough medical examination will reveal what’s going on. Your doctor will take the child’s medical history and perform a cursory examination. If they suspect shaken baby syndrome, they may order the following tests:
- A skeletal survey. Your doctor may order X-rays of several bones, including those in the arms, hands, legs, feet, spine, ribs and skull, to detect breaks or skull fractures. These X-rays can help them determine whether the baby’s head trauma was accidental or purposeful.
- An eye examination. A doctor may perform an eye exam to check for bleeding in the eyes—a common symptom of head injury in children.
- Blood tests. Certain genetic disorders and metabolic conditions can cause symptoms similar to the ones seen in children with shaken baby syndrome. Analyzing your child’s blood can help them rule out other potential causes of their symptoms.
- Magnetic resonance imaging (MRI). Healthcare providers may order an MRI to get a better look at your baby’s brain and spine. These tests can reveal bruising, bleeding and even signs of decreased oxygen, but they’re difficult to perform on a baby who’s unstable. Depending on your child’s current condition, the medical team may order an MRI for a couple of days after their condition is more stable.
- Computerized tomography (CT) scan. If the doctor is concerned that your child may need urgent treatment, they may order a CT scan of your baby’s brain and other areas. These tests use X-rays to capture cross-sectional images that can reveal hidden injuries.
Depending on what the medical team finds, your baby may need to be monitored in a pediatric intensive care unit until their condition improves. Physicians can initiate a number of life-saving measures to reduce the severity of the child’s injuries, which is why it’s essential for parents to seek medical treatment if they suspect shaken baby syndrome.
Frequently Asked Questions About Shaken Baby Syndrome
Shaken baby syndrome (SBS) refers to a serious brain injury caused by violently shaking an infant or young child. It can lead to brain swelling, bleeding, and even long-term disabilities or death.
No. Gentle bouncing, swinging, or playful interactions do not cause SBS. The syndrome typically results from forceful, violent shaking that disrupts the brain and blood vessels.
SBS is caused by vigorous shaking, often when a caregiver reacts in frustration to a baby’s crying. The child’s head movement inside the skull results in trauma to the brain and surrounding tissues.
The medical community evaluates SBS through clinical signs such as brain bleeding, retinal hemorrhages, and swelling. However, these signs can overlap with other conditions, making the evidence controversial in court.
Risk factors include being the last caregiver present before symptoms appeared, stress due to inconsolable crying, and prior reports of suspected child abuse.
Doctors may use CT scans, MRIs, retinal exams, and neurological testing to assess whether brain injury consistent with SBS has occurred.
SBS allegations can result in criminal charges such as child abuse, manslaughter, or even murder. Civil consequences may include loss of custody, involvement of Child Protective Services (CPS), and long-term reputational harm.
The “10-foot rule” is a guideline stating that short-distance falls, such as from a couch or caregiver’s arms, are unlikely to cause the same injuries attributed to SBS. However, each case depends on medical evidence.
Life expectancy varies. Some children suffer fatal injuries, while others live with permanent disabilities such as seizures, blindness, or developmental delays.
Medical records help attorneys compare alleged SBS symptoms with alternative causes, identify inconsistencies in diagnoses, and build reasonable doubt in court.
Defence lawyers often question the reliability of SBS medical evidence, bring in expert witnesses, and present alternative explanations for injuries.
Attorneys may show that medical conditions such as bleeding disorders, birth trauma, or accidental falls can mimic SBS symptoms, thereby creating doubt about the prosecution’s theory.
A skilled attorney can guide families through CPS interviews, ensure parental rights are protected, and fight to prevent unnecessary removal of children from the home.
Seek legal representation immediately. Do not answer investigators’ questions without a lawyer present, and avoid discussing the case with others.
Yes. Conditions like brittle bone disease, clotting disorders, or prior accidental injuries can produce medical findings similar to SBS.
Yes. If new medical evidence emerges or errors occurred in the trial process, your attorney may pursue an appeal to overturn or reduce the conviction.
Both. Criminal courts address abuse or homicide charges, while civil courts may handle custody disputes, CPS cases, and lawsuits related to alleged abuse.
Yes. Prosecutors may use past allegations to establish a pattern of abuse. An attorney can challenge whether such evidence is admissible.
Success depends on the strength of medical evidence, expert testimony, and the defence strategy. Hiring an experienced attorney increases your chances of building a strong defence.
Our firm has decades of experience protecting clients facing serious criminal allegations. We understand the medical and legal complexities of SBS cases and fight tirelessly to defend your rights, reputation, and future.
Delfino, Green & Green: San Francisco Shaken Baby Syndrome Attorney
Children should never be injured by their caregivers, much less made to sustain traumatic brain injuries. If your child was diagnosed with shaken baby syndrome, your family deserves justice. We may be able to help you hold the at-fault party accountable and secure the compensation you need to finance your child’s recovery and ongoing medical needs. At Delfino, Green & Green, we know that this is a difficult time. That’s why we make getting started easy. Simply contact us online to schedule a free case evaluation, or call our law office at (415) 442-4646 to speak with a compassionate legal expert today.
Personal Injury Types
- Uninsured Motorist Accident
- Car Accident Injury
- Product Liability
- Motorcycle Accident Injury
- Nursing Home Elder Abuse
- Pedestrian Accident Injury
- Truck Accident
- Bad Faith Insurance Claims
- Mediation Services
- Work Injury
- Construction Accident
- Dog Bite Injury
- 18-Wheeler Accidents
- Slip and Fall
- Post Concussion Syndrome
- Shaken Baby Syndrome
- E-Bike Accident
- Bus Accident
- Brain Injury
- Bicycle Accident Injury
- Rideshare Accident
- Amputation Injury
- Burn Injury
- Spinal Cord Injury
- Wrongful Death
- ERISA & Long Term Disability
- ERISA Denied Benefit Claim
- ERISA & Disability Claims
- Disability Insurance Appeals
- Disability Claims Professionals
- UnumProvident Insurance Claims
- Firestorm Insurance Claim Attorney
- Uber Accident
- Workers Compensation
- E-Scooter Accident
- Aviation Accident
- Lyft Accident