Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.
The "triad" is gradually being disproven, primarily due to cases on the East Coast and in Great Britain where Shaken Baby Syndrome SBS is looked upon with great skepticism.
The fall of an adult with them landing on the child could have caused the retinal hemorrhaging.
These cases can be defended, but you primarily defend them based on the medical records. The records are rarely clear. The doctors use the words "consistent with Shaken Baby Syndrome" a lot but most of the doctors don't really understand the dynamics of how the trauma works. In addition, they have almost no explanation as to why there are no neck injuries or rib injuries when the baby was supposedly shaken hard enough to cause "the back of their head to hit their back and their chin to hit their chest.
As to whether you can still ask for a jury trial, that depends on what has been filed in the case, what state the case is at, etc.
If you are talking about the termination case and the DA decided not to terminate and is now changing their mind again then it is likely you can still ask for a jury trial. Even if you waived one at some point the judge will normally let you withdraw the waiver if the DA has changed their mind about what they are going to "go for" in the trial.
You will want to check for the chromosomal issues to see if they contribute to bleeding at all. You will also want to check for Vitamin K deficiencies, Osteogenesis Imperfecta, as well as any other unusual condition. Guillian Barre Syndomr can also cause some of the symptoms misinterpreted as signs of SBS.
If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.