Found Deceased TX - Sherin Mathews, 3, Richardson, 7 Oct 2017 #8 *Arrests*

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I haven't fully researched this site, but I would be wary of it. They seem to be focused a lot on selling vitamin d supplements.

The analysis about the apparent discrepancy between children with multiple fractures not having vitamin D deficiency yet more and more researchers reporting rampant vitamin d deficiency appears to be taking statements out of context and comparing apples with oranges. We'd need to examine the papers that are being referred to, but I believe that a lot of children have low vitamin d levels and it's not yet really understood how much vitamin d someone does need in their system other than certain extremely low-levels correlating either with rickets or other bone problems. So, more researchers could be reporting rampant deficiency but that doesn't mean all those children are suffering multiple fractures due to that 'deficiency'.

But if you write it the way it's written there, you're certainly going to sell more vitamin d supplements through your site!

But also, if Sherin's case goes to court, we can probably expect experts testifying on this subject and a confused jury not knowing what to make of experts who appear to give conflicting expert knowledge depending on whether they're testifying for the parents or the DA. I hate it when this happens and a jury is supposed to decide when they haven't a clue what they're being told.

Undoubtedly Sherin died at the hands of one or both of her so called parents. WM admitted to that and hiding/removal of Sherin's body.
SM has been charged with child endangerment because of them leaving Sherin home alone for an hour and a half. So far that's all we have got legally, and the Dr. reporting to CPS as they have to do if they suspect abuse.
The article i posted up was interesting and there are quite a few other studies done in medical papers/studies of children born in third world countries with some of those diseases that have been caused by malnourishment, which can have lasting effects on a child that refeeding can't fix. You can google about all that and there is plenty of info out there on it all.
And Sherin did come from India where she was malnourished and her growth probably stunted as well because of it. All IMO.
 
Is it possible for an agency in India to file a wrongful death law suit?

Any chance either set of grandparents would file one, either?

I think we're a long ways from that yet in this case. There hasn't even been a Trial yet.
 
Is it possible for an agency in India to file a wrongful death law suit?

Any chance either set of grandparents would file one, either?

Of course in a US civil court most anything is possible but the normal test for legal standing is to have suffer a tangible loss or potential loss such as, financial or emotional support, love and companionship, and such. The orphanage and Adption agency as far as I can see would have no reasonable expectations of anything that would altered by her death. If someone is thinking better than me and can come up with anything they will be deprived of directly attributable to her death. I use the “but for causation rule” which many states use to run through when determining legal standing or to determine the possibility of a case succeeding. For those who think I have lost what little was left of my mind and have never used the “but for causation rule” it is simply a direct correlation between events, but for A then B would not have occurred or but for A then B will not occur. So in the case of a wrongful death suit one would posit. If CPS had intervened Sherin would not have died and if Sherin had no died I wouldn’t have lost her love and companionship or support in my golden years so therefore If CPS had intervened Sherin wouldn’t have died and I would have her lifelong love and companionship and she would have supported me financially in my golden years. So the sister would have legal standing for the loss of lifelong love and companionship or the grandparents could claim the loss of potential financial support in their old age. I just can’t come up with what the Orphanage or Adoptian Agency could use as a resonable tangible future loss. Now there might be a breach of contract tort possibility or something that would apply in corporate law for loss of reputation that would apply. I am just not that well versed on corporate law.
perhaps a [FONT=&quot]tort of outrage or it’s Texas equivalent.

JMHO [/FONT]
 
I think we're a long ways from that yet in this case. There hasn't even been a Trial yet.

actually wrongful death lawsuits are often heard in court before a criminal trial due to the fact that there might be evidence presented that can help the prosecution
 
So you believe that "abusive trauma alone" did not cause her injuries?

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When an adult has a heart transplant they are often in the hospital for a month or more and it is weeks and weeks of painful recovery. When a toddler has a heart transplant, they normally have to keep them heavily sedated so they don't hurt themselves, and then when they are awake, they tend to be ready to go like nothing happened.

What I am saying is, kids have an incredible ability to not only heal faster than adults, BUT they also are amazing at "getting over" the pain that adults tend to feel and fear.

I know this isn't the same, but my baby finger doesn't go straight and the finger next to it has a "scar" almost two inches long on the palm side. My fingers were slammed in the car door when I was about 3. I SCREAMED bloody murder. My dad checked me, kissed it better, and I stopped crying and continued on like nothing had happened. I didn't have any serious swelling or bruising and since I was "acting fine" I wasn't brought to the Dr. Years later, when I was a teen, I asked my dr about my baby finger not going straight and explained this incident. He examined it and said that the car door had partially cut a ligament and that didn't heal correctly, and that the scar on my finger was never from an open wound, but rather the tissue inside of that finger having been pinched so badly. He also said if I had done that as an adult, a kiss wouldn't have made it better. The only thing that would have helped would have been surgery. I still have the option of surgery for my baby finger, but it doesn't affect me at all or have any type of pain.

Long story short, kids are so resilient that it's a great survival tactic for a hunting/gathering nomadic era where animal predator would sniff out an injured child or adult, but in our current era of clinics and medical procedures, all it does is allow abuse, neglect and accidents to appear to not be that bad.

How one can go about with a fractured femur or tibia is beyond me... but Sini had access to drugs as a nurse to help with pain, the court asked about Sherin wearing orthopedics of some sort in her shoes, so any limping could have been brushed off as forgetting that, and any pain she may have complained about to someone else, like a sunday school teacher, could have easily been brushed off as part of her developmental delays. Sherin wouldn't have known to say her leg was broken but mommy and daddy didn't bring her to the dr cuz they didn't want to get in trouble, again.

JMO and GRRR
 
I think we're a long ways from that yet in this case. There hasn't even been a Trial yet.

I was asking based on Grouchymom's statement that CPS would not be held accountable unless there was a wrongful death suit. So I was brainstorming possible parties that might do that. But I forgot to tag Grouchymom. Sorry for the confusion. :)
 
When an adult has a heart transplant they are often in the hospital for a month or more and it is weeks and weeks of painful recovery. When a toddler has a heart transplant, they normally have to keep them heavily sedated so they don't hurt themselves, and then when they are awake, they tend to be ready to go like nothing happened.

What I am saying is, kids have an incredible ability to not only heal faster than adults, BUT they also are amazing at "getting over" the pain that adults tend to feel and fear.

I know this isn't the same, but my baby finger doesn't go straight and the finger next to it has a "scar" almost two inches long on the palm side. My fingers were slammed in the car door when I was about 3. I SCREAMED bloody murder. My dad checked me, kissed it better, and I stopped crying and continued on like nothing had happened. I didn't have any serious swelling or bruising and since I was "acting fine" I wasn't brought to the Dr. Years later, when I was a teen, I asked my dr about my baby finger not going straight and explained this incident. He examined it and said that the car door had partially cut a ligament and that didn't heal correctly, and that the scar on my finger was never from an open wound, but rather the tissue inside of that finger having been pinched so badly. He also said if I had done that as an adult, a kiss wouldn't have made it better. The only thing that would have helped would have been surgery. I still have the option of surgery for my baby finger, but it doesn't affect me at all or have any type of pain.

Long story short, kids are so resilient that it's a great survival tactic for a hunting/gathering nomadic era where animal predator would sniff out an injured child or adult, but in our current era of clinics and medical procedures, all it does is allow abuse, neglect and accidents to appear to not be that bad.

How one can go about with a fractured femur or tibia is beyond me... but Sini had access to drugs as a nurse to help with pain, the court asked about Sherin wearing orthopedics of some sort in her shoes, so any limping could have been brushed off as forgetting that, and any pain she may have complained about to someone else, like a sunday school teacher, could have easily been brushed off as part of her developmental delays. Sherin wouldn't have known to say her leg was broken but mommy and daddy didn't bring her to the dr cuz they didn't want to get in trouble, again.

JMO and GRRR

I am hoping that the legal team pulls in folks at the church, because they seem to be the ones who saw her regularly. Not sure how long she was in daycare, but they also saw her regularly, depending on when Sherin started there.

Any chance that one of these parents liked the attention they got, having a child who had so many medical issues? Everyone at the church doting on Sherin in her various casts, church members lapping up the parents' lies, all the empathy and kudos they got from people, for "taking Sherin in and taking care of her despite all her problems".... And then creating more medical problems, to continue the cycle.

And was anyone else deeply disturbed by WM's gaze, in the courtroom? He seemed really "off" but I can't really explain why. Hoping someone else felt the same way and can articulate it better....
 
If you haven't watched WM's lawyers talk after the hearing yesterday, it is well worth it. You can find the video partway down this article.
https://www.nbcdfw.com/news/local/Wesley-Sini-Mathews-Attend-Child-Custody-Hearing-460817693.html
One of the lawyers (the one who was holding up 5 fingers to make sure WM pleaded the 5th) explained what the hearing was about, and what would happen if the judge did or did not find that aggravated circumstances applied. And THEN he said that WM was a loving father and that they expected everyone to get to know what a loving father he really was.
Really? Gag.
 
Is it possible for an agency in India to file a wrongful death law suit?

Any chance either set of grandparents would file one, either?

No idea about that only that a wrongful death lawsuit can't be filed for a siblings loss.
(quote)
Texas doesn’t permit surviving siblings to file a wrongful death lawsuit for a sibling’s loss.
Unlike criminal charges brought in connection with the same death, liability in a wrongful death suit is expressed solely in monetary damages.
https://www.texasinjurylawyersblog.com/2014/12/damages-texas-wrongful-death-case.html
 
Sherin had a broken femur.
It's the largest bone in the body.
There is no way that that bone was "accidentally" broken.
Not saying it couldn't have been an accident, but with the other fractures in various stages of healing, it seems less likely it was broken in some sort or accident.
Even if SM said her daughter suffered from iron/vitamin D deficiency (which I don't think was ever proven), I can't see her bones being THAT brittle.

IMO
 
Femur fractures in toddlers....
"The most common cause of thighbone fractures in infants under 1 year old is child abuse. Child abuse is also a leading cause of thighbone fracture in children between the ages of 1 and 4 years, but the incidence is much less in this age group." https://orthoinfo.aaos.org/en/diseases--conditions/thighbone-femur-fractures-in-children
Also from the same source:
"Spica casting. In children between 7 months and 5 years old, a spica cast is often applied to keep the fractured pieces in correct position until the bone is healed.
There are different types of spica casts, but, in general, a spica cast begins at the chest and extends all the way down the fractured leg. The cast may also extend down the uninjured leg, or stop at the knee or hip. Your doctor will decide which type of spica cast is most effective for treating your child's fracture."
 
I believe they adopted her because it felt good to them. Their friends and family probably admired them.
I have much reading to do to catch up.. but I'm jumping off this post because I agree that the reason for adoption Sherin was to stroke their egos with praise from the community for rescuing this poor girl.... when the praising and stroking faded Sherin became damaged goods...

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I am hoping that the legal team pulls in folks at the church, because they seem to be the ones who saw her regularly. Not sure how long she was in daycare, but they also saw her regularly, depending on when Sherin started there.

Any chance that one of these parents liked the attention they got, having a child who had so many medical issues? Everyone at the church doting on Sherin in her various casts, church members lapping up the parents' lies, all the empathy and kudos they got from people, for "taking Sherin in and taking care of her despite all her problems".... And then creating more medical problems, to continue the cycle.

And was anyone else deeply disturbed by WM's gaze, in the courtroom? He seemed really "off" but I can't really explain why. Hoping someone else felt the same way and can articulate it better....

The Dr said that at the time she was treating Sherin, she was not in daycare/school and that the parents were the sole care providers, so she had to have started school after stopping seeing this Dr, which i believe was in July but don't quote me!

As to WM. Today I had some very interesting thoughts on his demeanor and body language, however I don't want to post here because I am not sure if that sort of speculation is against TOS.

I will say after watching, and rewatching, and slowing down the video of his "smile" I felt that it was NOT necessarily a smile. I think he attempted to speak to Sini and he realized she wouldn't even glance at him and it quickly turned into anger and ended with what appeared to me as his mouth quivering as he choked back some tears. In that moment, I feel that he likely felt used and rejected and I believe after the next hearing, we will likely have him give story 3.0 which will likely include him flipping on Sini with a new version of the truth. The look on his face IMO was that he felt betrayed in that moment where she didn't look at him, and as a result, I think he will tell a new story that "punishes" her. Hopefully, it will finally be the whole truth.

JMO and please remove if anything is against TOS Thanks!!

[FONT=&quot]Sherin was not in daycare at the time, and her parents had been identified as her sole caregivers, Dakil testified[/FONT]
https://www.dallasnews.com/news/cri...ps-spring-finding-girl-several-bone-fractures
 
No idea about that only that a wrongful death lawsuit can't be filed for a siblings loss.
(quote)
Texas doesn’t permit surviving siblings to file a wrongful death lawsuit for a sibling’s loss.
Unlike criminal charges brought in connection with the same death, liability in a wrongful death suit is expressed solely in monetary damages.
https://www.texasinjurylawyersblog.com/2014/12/damages-texas-wrongful-death-case.html

that is interesting as in California Gabriel Fernandez’s siblings just got a $2,000,000 settlement from the Sheriffs Dept, CPS and the school system from the wrongful death suit filed on their behalf regarding their brothers death.\\JMHO
 
that is interesting as in California Gabriel Fernandez’s siblings just got a $2,000,000 settlement from the Sheriffs Dept, CPS and the school system from the wrongful death suit filed on their behalf regarding their brothers death.\\JMHO

From what i read about those types of lawsuits it varies from state to state, that's why posted the link about the Texas law on it.
As i said IANAL so the family would have to get an attorney on it if they want to bring such a lawsuit who could advise them in exactly what they could expect if they are inclined to do so.
 
Most femur fractures of young children are from violently twisting the legs, often in a toilet training accident cleanup.
 
The Dr said that at the time she was treating Sherin, she was not in daycare/school and that the parents were the sole care providers, so she had to have started school after stopping seeing this Dr, which i believe was in July but don't quote me!

As to WM. Today I had some very interesting thoughts on his demeanor and body language, however I don't want to post here because I am not sure if that sort of speculation is against TOS.

I will say after watching, and rewatching, and slowing down the video of his "smile" I felt that it was NOT necessarily a smile. I think he attempted to speak to Sini and he realized she wouldn't even glance at him and it quickly turned into anger and ended with what appeared to me as his mouth quivering as he choked back some tears. In that moment, I feel that he likely felt used and rejected and I believe after the next hearing, we will likely have him give story 3.0 which will likely include him flipping on Sini with a new version of the truth. The look on his face IMO was that he felt betrayed in that moment where she didn't look at him, and as a result, I think he will tell a new story that "punishes" her. Hopefully, it will finally be the whole truth.

JMO and please remove if anything is against TOS Thanks!!

https://www.dallasnews.com/news/cri...ps-spring-finding-girl-several-bone-fractures

I totally agree with your take on Wesley's body language and also found it to be quite interesting. It looked like he was trying to get her to acknowledge him and hoping for some kind of look of approval from her, but she didn't even look at him. The shaking of his head afterward was kind of like 'after all I'm going through because of YOU and you won't even look at me?????' I also agree that version 3.0 is in the making.
 
that is interesting as in California Gabriel Fernandez’s siblings just got a $2,000,000 settlement from the Sheriffs Dept, CPS and the school system from the wrongful death suit filed on their behalf regarding their brothers death.\\JMHO

Thanks for that interesting bit of information.

I was going to read Gone With the Wind today but decided to spend that same amount of time reading your posts from today.

EXCELLENT posts, as usual, Grouchy. You really put a lot of thought and effort into your posts--and it shows!
 
I don't agree with a "3.0 Version" coming out at all. I think what Sini said about him, something like "he'd do anything for me" was telling -and the truth. Going on what we have, such as that comment by Sini and his glance toward her in the courtroom, as well as just sort of "reading between the lines" in this case, he wants her approval more than anything. Perhaps if this goes on for years, which it's likely to, and there is a noose in the offing, he may, at the last minute, turn against her. (Although it sounds like life is the only option that will actually be on the table, so in my book, this scenario isn't probable.)
 
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