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Bryant-Bruce v. State9/27/2005
I.
Gregory David Bryant-Bruce, Jr. was born prematurely on June 10, 1993 at Wright Patterson Air Force Base in Dayton, Ohio. Because of his low birth weight and other complications, the child remained in pediatric intensive care until he was transferred to Vanderbilt University Medical Center ("VUMC") to evaluate his liver function and to assess the need for a liver transplant. On August 4, 1993, Vanderbilt released the child to his parents, Cheryl Bryant-Bruce, an Army physician stationed at Ft. Campbell, and Gregory David Bryant-Bruce, Sr.
The infant was readmitted to VUMC on September 11, 1993, where he remained for nineteen days. In addition to administering antibiotics and transfusions to treat the child's sepsis, the medical staff diagnosed the child with a bleeding disorder known as Disseminated Intravascular Coagulation and also determined that he was suffering from medical neglect and failure to thrive. They reported their concerns to the Tennessee Department of Human Services as required by law. On September 30, 1993, in response to the Bryant-Bruces' requests, VUMC transferred the child to Blanchfield Army Community Hospital ("Blanchfield") in Ft. Campbell, Kentucky. Blanchfield discharged the child to his parent on October 4, 1993.
The child returned to VUMC on October 23, 1993 with a confirmed diagnosis of Respiratory Syncytial Virus. He was treated and released the following day but was readmitted on October 26, 1993 for several surgical procedures and a liver biopsy. He was later discharged in his parents' custody.
On December 7, 1993 physicians at Blanchfield determined that the child had an abnormally low hematocrit rate and immediately transferred him to VUMC where he was admitted with severe anemia. A physician representing the Vanderbilt Committee on Child Abuse examined the child. After observing intracranial and retinal hemorrhaging, the physician concluded that the child was a victim of Shaken Infant Syndrome. This diagnosis was provided to the Department of Human Services as required by law.
On December 11, 1993, during an interview in the Clarksville office of the Department of Human Services, the Bryant-Bruces denied that they had abused their child and requested the Department to arrange for a "differential diagnosis" of their child. Over the course of the next two days, the Bryant-Bruces provided the Department with literature and other information containing explanations other than child abuse for their son's condition. It was during this period of time that Dr. Bryant-Bruce requested an early discharge from the United States Army to better enable her to care for her child.
On December 23, 1993, while the child remained hospitalized at VUMC, the Department filed a petition in the Montgomery County Juvenile Court seeking temporary custody because of the Shaken Infant Syndrome diagnosis. During a hearing on December 28, 1993, the juvenile court appointed a guardian ad litem for the child and immediately granted the petition. The child remained hospitalized until mid-January 1994. Upon his release, the Department arranged for him to be placed in a foster home in Nashville and permitted the Bryant-Bruces' to have limited visitation.
Following hearings in February and March 1994, the juvenile court entered an order concluding that the child had been subjected to severe child abuse while in the Bryant-Bruces' custody and, therefore, that the child was dependent and neglected. Accordingly, the juvenile court determined that the child should remain in the Department's custody. During subsequent meetings, the Department's employees told the Bryant-Bruces that they were convinced that the Bryant-B
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