Biomechanical and morphologic reconstruction of a questionable case of child abuse

A 3-month-old baby died 8 days after admission to the hospital as a result of injuries received under unknown circumstances. The forensic autopsy revealed a fracture of the scull and a severe blunt injury to the head and brain. Histological investigation of the reactive changes at and around the edges of the fracture showed that the trauma could not possibly have been congenital. According to the defendant, the baby boy had been lying on the table used for changing his nappy and almost fell off it. The defendant moved "instinctively" to catch him, and this "reflex movement" caused the injuries observed. The event was then reconstructed by the criminal investigators and this reconstruction, coupled with the authors' biomechanical experiments using stroboscopic recording, revealed that the defendant's statement could not be true, as the force necessary to inflict the injuries was much greater than could be explained by an attempt to catch the baby.     

Pulmonary artery perforations as typical complication in the use of Swan-Ganz catheters

Two cases of pulmonary artery perforation are reported in association with the use of the Swan-Ganz catheter. A 71- and a 95-year-old woman were monitored by a flow-directed catheter pre- and intraoperatively. Both of them died. After taking other cases in the literature into consideration, this severe complication can be classified as "typical" for this examination technique. Possible means of prevention, diagnosis, and treatment of these complications are discussed. A review of incidence and genesis is given.     

The Principle of Solidarity and Fairness in Sharing Responsibility: More than Window Dressing?

The lack of fairness in asylum responsibility sharing within the EU has been a persistent problem demanding an urgent solution. This article seeks to inform the on‐going debate on European solidarity instruments from a constitutional law perspective by taking the principle of solidarity and fair sharing of responsibility pursuant to Article 80 TFEU as its reference point. The article sees this principle as an important mechanism in both the enhancement of fairness in responsibility sharing and the protection of refugees. It argues that the combined reading of Article 80 TFEU and the Charter of Fundamental Rights provides a strong reason to doubt the constitutionality of the Dublin III Regulation, and any decision reforming the asylum regime should take this view into account. Despite its limited enforceability, Article 80 TFEU can play an important role as an interpretation tool, in particular in the assessment of the legality of solidarity instruments.