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NJ high court rules shaken baby syndrome testimony unreliable and inadmissible in child abuse cases

The court ruled expert testimony on shaken baby syndrome is inadmissible due to lack of biomechanical support, affecting two criminal trials in New Jersey.

  • On Nov. 20, the New Jersey Supreme Court ruled expert testimony about shaken baby syndrome is scientifically unreliable and inadmissible in the Middlesex County trials of Darryl Nieves and Michael Cifelli.
  • Focusing on shaking-without-impact, the justices said the SBS/AHT diagnosis lacks general acceptance in the biomechanical community and there is no test proving humans can generate the needed force.
  • The Mayo Clinic and medical societies describe symptoms like bleeding around the brain, brain swelling and retinal hemorrhages, linking forceful shaking to brain damage and death, with over 1,000 cases reported annually in the U.S.
  • Officials reacted with opposing views: the public defender's office hailed the decision as `landmark` for requiring `reliable, well-supported scientific evidence`, while the state Attorney General and Division of Child Protection and Permanency called it `a significant setback to public safety`, and defense attorneys predict appeals.
  • Justice Wainer Apter countered that every other U.S. state and other courts admit shaken baby syndrome testimony, while defense lawyers and scientists cite overturned convictions in other states.
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U.S. News broke the news in New York, United States on Thursday, November 20, 2025.
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