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February 11, 1992 Dinesh Kumar and his wife Veena welcomed their second son into the world. He was only one month old when he stopped breathing in the early morning of March, by the time they got him to the hospital it was too late. His autopsy done by Charles Smith says he passed from Shaken Baby Syndrome.

Picture retrieved from:
https://www.thestar.com/news/gta/2011/01/20/a_fathers_20year_battle_for_exoneration.html

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In 1992 Dinesh Kumar was arrested and charged with second-degree murder in the case of the death of his own son. He ended up taking a plea bargain and pled guilty to criminal negligence causing death.

Picture retrieved from:
http://smithforensic.blogspot.com/2011/01/dnesh-kumar-toronto-star-story-crown.html

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This is a picture of the pathologist in the Dinesh Kumar case. Charles Smith was the head pediatric forensic pathologist at the Hospital for Sick Children. His testing is what led to the wrongful conviction of Dinesh Kumar and probably many other people.

Picture retrieved from:
https://www.huffingtonpost.ca/2016/02/29/like-a-god-dr-charles-smith-left-poisoned-trail-behind-him_n_9350124.html

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What is Shaken baby syndrome? I picked this article to help explain that question. Apparently this case did not stand a chance in court because Smith was "like a God" and if Dinesh wasn't so scared of what would happen if he was found guilty he probably never would have taken the plea bargain.

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Shaken baby syndrome is a serious brain injury caused by forcefully and violently shaking a baby. Other names for this condition include abusive head trauma, shaken impact syndrome, and whiplash shake syndrome. Shaken baby syndrome is a form of child abuse that causes severe brain damage. It can result from as little as five seconds of shaking.

Babies have soft brains and weak neck muscles. They also have delicate blood vessels. Shaking a baby or young child can cause their brain to repeatedly hit the inside of the skull. This impact can trigger bruising in the brain, bleeding in the brain, and brain swelling. Other injuries may include broken bones as well as damage to the baby's eyes, spine, and neck.

Shaken baby syndrome is more common in children under age 2, but it can affect children up to age 5. Most cases of shaken baby syndrome occur among infants that are 6 to 8 weeks old, which is when babies tend to cry the most.

Playful interaction with an infant, such as bouncing the baby on the lap or tossing the baby up in the air, won't cause the injuries associated with shaken baby syndrome. Instead, these injuries often happen when someone shakes the baby out of frustration or anger.

You should never shake a baby under any circumstances. Shaking a baby is a serious and deliberate form of abuse. Call 911 right away if you believe that your baby or another baby is a victim of shaken baby syndrome. This is a life-threatening condition that requires immediate medical treatment.

Symptoms of shaken baby syndrome may include:

difficulty staying awake

body tremors

trouble breathing

poor eating

vomiting

discolored skin

seizures

coma

paralysis

Call 911 or take your baby to the nearest emergency room immediately if they are experiencing symptoms of shaken baby syndrome. This type of injury is life threatening and can result in permanent brain damage.

Shaken baby syndrome occurs when someone violently shakes an infant or toddler. People may shake an infant out of frustration or anger, often because the child won't stop crying. Although shaking does eventually make the baby stop crying, it's usually because the shaking has damaged their brain.

Babies have weak neck muscles and often have difficulty supporting their heads. When an infant is forcefully shaken, their head moves uncontrollably. The violent movement repeatedly throws the baby's brain against the inside of the skull, causing bruising, swelling, and bleeding.

To make a diagnosis, the doctor will look for the three conditions that often indicate shaken baby syndrome. These are:

encephalopathy, or brain swelling

subdural hemorrhage, or bleeding in the brain

retinal hemorrhage, or bleeding in a part of the eye called the retina

The doctor will order a variety of tests to check for signs of brain damage and to help confirm the diagnosis. These tests may include:

MRI scan, which uses powerful magnets and radio waves to produce detailed images of the brain

CT scan, which creates clear, cross-sectional images of the brain

skeletal X-ray, which reveals spine, rib, and skull fractures

ophthalmic exam, which checks for eye injuries and bleeding in the eyes

Before confirming shaken baby syndrome, the doctor will order a blood test to rule out other potential causes. Some symptoms of shaken baby syndrome are similar to those of other conditions. These include bleeding disorders and certain genetic disorders, such as osteogenesis imperfecta. The blood test will determine whether or not another condition is causing your child's symptoms.

Call 911 immediately if you suspect your child has shaken baby syndrome. Some babies will stop breathing after being shaken. If this occurs, CPR can keep your baby breathing while you wait for medical personnel to arrive.

The American Red Cross recommends the following steps to perform CPR:

Carefully put the baby on their back. If you suspect a spinal injury, it's best if two people gently move the baby so the head and neck don't twist.

Set up your position. If your infant is under age 1, put two fingers on the middle of the breastbone. If your child is over age 1, place one hand on the middle of the breastbone. Put your other hand on the baby's forehead to keep the head tilted back. For a suspected spinal injury, pull the jaw forward instead of tilting the head, and don't let the mouth close.

Perform chest compressions. Press down on the breastbone and push about halfway into the chest. Give 30 chest compressions without pausing while counting out loud. The compressions should be firm and fast.

Give rescue breaths. Check for breathing after the compressions. If there's no sign of breathing, tightly cover the baby's mouth and nose with your mouth. Make sure the airway is open and give two breaths. Each breath should last about one second to make the chest rise.

Continue CPR. Continue the cycle of 30 compressions and two rescue breaths until help arrives. Be sure to keep checking for breathing.

In some cases, the baby may vomit after being shaken. To prevent choking, gently roll the baby onto their side. Make sure to roll their entire body at the same time. If there's a spinal cord injury, this method of rolling reduces the risk of further damage to the spine. It's important that you don't pick up the baby or give the baby food or water.

There's no medication to treat shaken baby syndrome. In severe cases, surgery may be required to treat bleeding in the brain. This may involve placement of a shunt, or thin tube, to relieve pressure or to drain excess blood and fluid. Eye surgery may also be needed to remove any blood before it permanently affects vision.

Irreversible brain damage from shaken baby syndrome can occur in a matter of seconds. Many babies experience complications, including:

permanent vision loss (partial or total)

hearing loss

seizure disorders

development delays

intellectual disabilities

cerebral palsy, a disorder that affects muscle coordination and speech

Shaken baby syndrome is preventable. You can avoid harming your baby by not shaking them under any circumstances. It's easy to become frustrated when you can't get your baby to stop crying. However, crying is a normal behavior in infants, and shaking is never the right response.

It's important to find ways to relieve your stress when your child cries for extended periods of time. Calling a family member or a friend for support can help when you feel yourself losing control. There are also some hospital-based programs that can teach you how to respond when infants cry and how to manage the stress of parenting. These programs can also help you identify and prevent the injuries associated with shaken baby syndrome. Make sure your family members and caregivers are also aware of the dangers of shaken baby syndrome.

If you suspect that a child is the victim of child abuse, do not ignore the problem. Call the local police or the Childhelp National Child Abuse Hotline: 1-800-4-A-CHILD.

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Shaken Baby Syndrome: Symptoms, Causes, and Treatments

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Shaken baby syndrome is a serious brain injury caused by forcefully and violently shaking a baby. Other names for this condition include abusive head trauma, shaken impact syndrome, and whiplash shake syndrome. Shaken baby syndrome is a form of child abuse that causes severe brain damage.

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Disgraced pathologist stripped of medical licence

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19 years after taking a plea bargain Dinesh Kumar is finally acquitted of all charges in the death of his son. This article was a very happy read on my search for information.

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Dinesh Kumar walked up the temple steps and paused while a priest sounded a bell.

Opening a rich red and gold shawl, the men draped it around a statue of Durga Mata, the all-powerful Hindu goddess responsible for moral order and righteousness in the universe.

The ritual, said Laxminarayan Kumbaria, priest at the Jai Durga Hindu Society on Markham Rd., is a form of giving thanks for wishes that come true.

And that finally happened for Kumar on Thursday.

Nearly two decades after a prominent pathologist's mistakes wrongly implicated him in the death of his 5-week-old son, Guarov, the Ontario Court of Appeal quashed Kumar's conviction and acquitted him outright.

"I am very happy," said Kumar, 44, who trained as a goldsmith in Punjab and immigrated to Canada in 1991, only to find himself quickly enmeshed in a legal nightmare.

Speaking on behalf of a three-judge panel, Justice Marc Rosenberg told Kumar the court appreciates "the terrible toll this case has taken on you and your family over these last 20 years.

"We can now say the conviction in your case was unreasonable," he told Kumar, who was accompanied by his wife, Veena, and son Saurob, 19.

Forensic experts from North America and England who have examined the evidence in the case since 2006 have concluded Gaurov probably died of natural causes resulting from a birth injury.

But back in 1992, Dr. Charles Smith, once Canada's superstar of pediatric forensic pathology, concluded after performing an autopsy that the child had been shaken to death.

Kumar was charged with second-degree murder.

Despite the seriousness of the charge, the Crown offered him an incredible deal just six months into the case, telling Kumar that if he pleaded guilty to criminal negligence causing death, he would get a 90-day jail sentence to be served on weekends.

He took the deal.

What's not clear is whether the attorney-general's ministry recognized back in 1992 that it never really had much of a case.

What is clear is that Kumar felt he had little choice but to plead guilty after being told by his own lawyer that Smith was "like a god" and his opinions would be next to impossible to challenge in court.

Addressing Kumar in the ornate surroundings of the Osgoode Hall courtroom Thursday, Rosenberg said the court understood why he decided to enter a guilty plea back in 1992.

Smith was found to have made mistakes in more than 20 child death autopsies.

A public inquiry headed by Justice Stephen Goudge later concluded Ontario's chief coroner and deputy chief coroner had a "symbiotic" relationship with their star pathologist, propping him up and ignoring warning signs because their office was enhanced by his reputation.

Acting on Goudge's recommendations, the Ontario government has set up a compensation process for families damaged by Smith's mistakes. Those administering the scheme have already been in touch with Kumar, said James Lockyer, a lawyer representing Kumar through the Association in Defence of the Wrongly Convicted.

On the steps of the courthouse after he was acquitted Thursday, Kumar was asked by a reporter if he had a photograph of Gaurov. He reached into his pocket.

"This will be with me until the day I die," he said.

For many years, Kumar had pledged that if he were ever acquitted, he would post a copy of the decision at his temple.

Despite Smith having attained notoriety for all the wrong reasons, Kumar said he knows some members of the community have continued to suspect him. And he wanted to put a stop to that.

The court has yet to release its decision, so Kumar instead handed a copy of the newspaper story about his acquittal to temple president Lajpat Gognar.

He also knelt before a silver tray filled with oils and candles. Veena and Saurob knelt beside him.

"This," said Yogrij Verma, Veena's brother, "is a precious day for them."

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A father's 20-year battle for exoneration | The Star

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Dinesh Kumar walked up the temple steps and paused while a priest sounded a bell. Opening a rich red and gold shawl, the men draped it around a statue of Durga Mata, the all-powerful Hindu goddess responsible for moral order and righteousness in the universe.

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This is the article I first read and got most of my information about this wrongfully convicted case off of. I knew of Charles Smith and all of the convictions that his testimonies led to before this assignment but never looked in depth at the people affected by this man.

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Dinesh Kumar immigrated to Canada from India with his wife, Veena, and their son, Saurob, in 1991. Their second child, also a son, was born on February 11, 1992. They named him Gaurov. Unfortunately, Veena had a seizure on the day of Gaurov's birth and was diagnosed with a brain tumour.

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This man was a defense lawyer for many wrongfully convicted criminals, one of them being Dinesh Kumar and many others of Charles Smiths past including David Milgaard. This Ted Talk doesn't really talk about this particular case but it related to the case and I found it very interesting.

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The defence of the wrongly convicted | James Lockyer | TEDxIB@York