Baby was snatched from parents by social workers after blundering doctors misdiagnosed infant's brain condition as shaken baby syndrome

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.

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.'

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.

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 crossed state lines into Oklahoma. They showed up where Lorina was visiting with family in Oklahoma, and... took the children from their parents and loving family.'

That was July 20, 2015. The couple would not see their sons again until December 21.

Children taken from parents are supposed to be placed with relatives, according to state and federal law, but the lawsuit claimed they were instead shuffled around several foster homes. 

Their parents insisted this usual procedure be followed while they fought to clear their names, but Guyton and DFPS agent Margaret Surma allegedly refused.

'My oldest son lost 20 pounds within six weeks of being taken from us and medical reports show that he showed signs of sadness and depression,' Bourne said in 2019. 

'You're so used to seeing your children everyday, and for them not to be there… you see them smiling and laughing, and for them not to be there and you just hear silence, it's just really devastating.' 

All this time, Troy was also having to fight serious criminal charges that accused him of shaking his baby to the point of injury.

'It was definitely a low blow being accused of something that you know you didn't do,' he said. 

'The hospital was telling me I had to pack all my stuff and I couldn't be near my kids.' 

Months later, the couple found a specialist in Maryland who gave JJ the correct diagnosis, and they were able to get their kids back in court.

The Travis County Court ruled in their favor on December 18, 2015, and the charges against Try were also dropped.

Despite being exonerated, the lawsuit claimed JJ's 's medical chart at Dell 'contains references to him being the victim of abuse or neglect even though any such allegations have been deemed unfounded or unsubstantiated'. 

The lawsuit claimed the hospital 'refused and continues to refuse' to update it.

Troy and Bourne are suing the hospital, all six DFPS agents involved, and Dr Kelly Suzanne Liker, whom the lawsuit claimed was a 'DFPS investigator embedded in the hospital'.

Liker never treated JJ, but the lawsuit claimed she was heavily involved in his removal and examined him without his parents' consent.

She now works as a child abuse pediatrician at Dayton Children's Hospital in Ohio.

The couple's complaint demands damages in a jury trial for breaches of the First, Fourth, and 14th amendments, and professional negligence.

'The children were removed based on false pretense. Defendants knew [the boy] had not been abused or neglected,' it 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].'

Attorneys Stephanie Proffitt and Aaron Rapier are representing the couple.

'Most of the time, if a parent questions their authority, if a parent questions the diagnosis, if a parent has the data to ask for a second opinion, the parent becomes targeted,' Proffitt told KXAN. 

'It appears that that's exactly what happened in this case. Instead of really doing their job, they instead retaliated against the Troys and took their children.' 

Bourne detailed the toll it took on her family, and said she wanted more accountability for DFPS, as it 'has too much power'.

'It has taken years to heal from the emotional trauma of my children being wrongfully removed from me,' Bourne she said. 

'We're doing better now. I've had to take years to try to heal from what happened. The worst day of my life was when my children were illegally taken from me.'

'I want justice for my sons because my son has a life-threatening neurological condition called benign external hydrocephalus.

'Thousands of families are going through similar situations, so many families have contacted me over the years. It's just so sad that the same system that's meant to protect children is hurting children.'

Ascension Health, which owns Dell Children's Medical Center, said its highest priority was the safety and health of children in its community.

'As a healthcare provider in Texas, our doctors, nurses and care teams who have reasonable cause to believe that a child has been affected by abuse or neglect by any person must immediately report this to the appropriate authorities as required by law,' it said.

'We have a duty to work with authorities during their investigation as they make their decision on what is in the best interest of the child.'