Dr. Guthkelch himself called to rethink the shaken baby syndrome. In 2011, the pediatric neurosurgeon told a National Public Radio reporter that he “worries that it is too often applied by medical examiners and doctors without considering other possible causes for a child’s death or injury.”
Writing in the Houston Journal of Health Law & Policy in 2012, Guthkelch called his hypothesis into question and disparaged the medical community’s “level of emotion and divisiveness on shaken baby syndrome/abusive head trauma interfered with our commitment to pursue the truth.”
In that same journal, an article by legal and medical scholars concluded: “Over the past decade, we have learned that this hypothesis fits poorly with the anatomy and physiology of the infant brain, that there are many natural and accidental causes for these findings, and that the onset of symptoms does not reliably indicate timing.”
Shortly before he died, Dr. Guthkelch told The Washington Post in 2015 that he was struck by the high proportion of diagnoses of shaken baby syndrome he reviewed that were attributable to natural causes and not abuse: “I was absolutely horrified when I came back 20 years later to hear all this rubbish about incarcerating mothers, et cetera, et cetera.”
A decade later, the medical establishment and the law have yet to catch up with the science. At best, shaken baby syndrome is rare yet remarkably overdiagnosed. However, enough research has been done to place the hypothesis in doubt.
In 2005, Stanford professor John Ioannidis published his landmark study, “Why Most Published Research Findings Are False.” The distinguished scientific journal Nature reported a record 10,000 published papers were retracted in 2023, and that may just be “the tip of the iceberg.”
Nature separately reported on researchers’ propensity to fudge or falsify data, claiming that in some fields, “at least one-quarter of clinical trials might be problematic or even entirely made up.”
Despite these facts, “narrative inertia” can mean years before medical organizations change their positions on diagnoses and treatments.
During the COVID-19 public health emergency, the public learned the hard way how dogma, groupthink and the suppression of scientific debate describe the culture of the modern medical establishment. One year after the CDC declared the public health emergency was over, people still suffer from collateral damage to mental and physical health, education and socioeconomic conditions caused by the pandemic policies.
It will take a long time for the medical establishment to fix its scientific sloppiness and groupthink. In the meantime, prosecutors and courts should avoid cases based on uncertain scientific theories, regardless of pronouncements by members of the medical profession, to prevent the incarceration of innocent people.
Unlike a research paper, the government cannot retract a person’s wrongful execution.