Watch and Share Evelyn’s Story to Help Bring Her Home

What Went Wrong?

How Medical Misjudgment and CPS Failures Tore Evelyn from Her Parents

Evelyn was born on December 24, 2023, via emergency C-section after 12 hours of being stuck in the birth canal. Because of the difficult delivery, she was born with molding of the head and caput succedaneum (swelling and bruising of the head), conditions that are common after traumatic births. 

For the first six weeks of her life, Evelyn appeared healthy. However, in early February 2024, Jackie and Juan noticed Evelyn twitching and vomiting, so they rushed her to Cook Children’s Hospital for evaluation. What started as a search for medical aid quickly turned into a nightmare.

Cook Children’s doctors noted in the records upon Evelyn’s admission that they had no concerns for abuse or neglect. After conducting an MRI, a radiologist found a small brain bleed and immediately suspected child abuse, but did not investigate alternative explanations such as Evelyn’s traumatic birth. Within hours of their arrival, the hospital staff had accused Jackie and Juan of child abuse, leading to a CPS referral and Evelyn being removed from her family at just six weeks old. CPS placed her in foster care, and Jackie and Juan were left to fight for their daughter in a system that seemed stacked against them.

Over the next several months, Jackie and Juan faced multiple legal battles, including dealing with a CPS caseworker who lied and manipulated them. They were defended by attorneys Brad Scalise and Charlotte Staples, as well as CPS Consultant Judy Powell, but they faced 7 months of delays and obstruction by CPS, Cook Children’s, and the court system.  The court denied them the resources to bring in a medical expert who could testify that Evelyn’s injuries were likely caused by her traumatic birth. Jackie and Juan, despite not having the financial means to defend themselves, had to seek financial help from family who sold used cars and fundraised to pay for the medical expert. 

When the expert was finally brought in, he testified in Jackie and Juan’s defense that Evelyn’s injuries had natural explanations. Two different judges mishandled the proceedings, including refusing to keep a legal record of the hearings, preventing an appeal. The family is now on their third judge. 

After months of struggle and with the help of the Family Freedom Project, Jackie and Juan’s case is finally set to be heard by a new judge in November 2024. By then, Evelyn will have been separated from her parents for nine months. The upcoming hearing represents their best chance yet to clear their names, expose the misdiagnosis, and bring Evelyn back home where she belongs.

Key Moments in Evelyn’s Case

Key Moments in Evelyn’s Case