Baby was snatched from parents by social workers after blundering doctors ... trends now
A couple had their two sons taken from them for five months after their baby was misdiagnosed with shaken baby syndrome.
Lorina Bourne and Jason Troy are now suing a hospital, doctor, and six federal agents for putting Jason Jonathan 'JJ' and his older brother Kainoa in foster care.
Troy was also charged with two felonies and accused of shaking JJ so hard at their Austin home it caused a head injury that swelled his head to a huge size.
Their nightmare only ended when they found a doctor who determined the infant's condition was caused by trauma during birth - and not any kind of abuse.
But the couple were still forced to sell their house and Troy lost his job as they spent a fortune on legal fees until they got their kids back in court.
Lorina Bourne and Jason Troy are suing a hospital, doctor, and six federal agents for putting Jason Jonathan 'JJ' (right) and his older brother Kainoa (second from left) in foster care. They are pictured with their younger sister Kalea who was born after the ordeal
Baby JJ was born on New Year's Eve 2014 in a difficult and complicated birth, and arrived with a head size in the 95th percentile
Baby JJ was born on New Year's Eve 2014 in a difficult and complicated birth, and arrived with a head size in the 95th percentile.
By his checkup on May 6, 2015, JJ's head has swelled to be within the 99th percentile, and doctors claimed it was due to being shaken.
In reality, JJ had benign external hydrocephalus, a condition where fluid builds up between the brain and the skull, and was never abused or neglected.
'The children were removed based on false pretense. Defendants knew [the boy] had not been abused or neglected,' the lawsuit claimed.
'He was born with a collection of fluid on his forehead that resulted from trauma at birth. Lorina and Jason never abused or neglected [him].'
Texas Department of Family and Protective Services agent James Guyton first confronted the couple on May 13 when they took JJ to Dell Children's Medical Center.
He told them they were under investigation for abusing their child and had to sign a one-month safety plan.
'Guyton told Lorina and Jason if they did not sign the safety plan, then he and [his colleague] Roger Robinson would remove their children,' the lawsuit claimed.
'Under duress, Lorina and Jason signed the safety plan to avoid the removal of their children.'
Baby JJ with his brother Kainoa before they were taken away by authorities in July 2015
The last photo, from April 2015, before the boys were taken away
The family was not reunited until December 21, 2015, five months later
The lawsuit claimed agents also 'interrogated' Kainoa away from his parents about whether he saw them shake his baby brother, and he said no.
The plan forced Troy to move out of the family home and Bourne's sister or mother to move in and supervise her with her children.
They complied with the order, and when it expired on June 13 they thought it was all over and made plans to visit family in Oklahoma.
They told DFPS about the trip 'out of an abundance of caution' but agent Bridgette Losey and her supervisor Jennifer Evans showed up on July 13 demanding to see them.
'The safety plan had ended and there was no lawful purpose for the surprise visit,' the lawsuit read.
After Troy's brother told them where they were and they spoke with Bourne on the phone, who took the boy to Oklahoma University Hospital where he was assessed as healthy by doctors.
The lawsuit claimed Evans and Losey called the hospital and demanded it take JJ into protective custody, but were refused.
In reality, JJ had benign external hydrocephalus, a condition where fluid builds up between the brain and the skull, and was never abused or neglected
Troy was also charged with two felonies and accused of shaking JJ so hard at their Austin home it caused a head injury that swelled his head to a huge size
Kainoa holds his baby brother as a newborn as Troy watched on in January 2015
Instead, 'angered' by the situation, they called Oklahoma Child Protective Services with the same request, which started investigating.
But OCPS found the allegations were 'unsubstantiated', the lawsuit read.
'Of course there was no immediate danger. [The boy] had seen and was seeing doctors,' the lawsuit continued.
'Plaintiffs (again) believed their dealings with DFPS were over. Plaintiffs were wrong. Defendants were not done with Plaintiffs.
'[Defendants] obtained an ex-parte order for the removal of the children based on misrepresentations made to the court and omissions of material fact,' the lawsuit reads.
'Evans and Losey
