A Wisconsin couple is suing Children's Wisconsin, claiming they were wrongfully accused of child abuse, leading to a three-year legal battle that temporarily separated their family.
Michelle and Evan Beine brought their 5-week-old son to Children's Wisconsin in November 2020 after hearing an unusual "popping sound" during a diaper change.
"I said, something's not right, I heard a noise and so she (Michelle) came in and we got him settled down and we called the pediatrician," Evan said.
They say what began as a hospital visit quickly turned into a nightmare. Doctors ordered X-rays and discovered what they believed was a new fracture and four previous fractures in the infant's legs. The Beines say they were then told that Child Protective Services was getting involved.
"You guys think we're monsters or garbage or something like that, right? And communication just ceased," Evan said. He recalled that the mood in the hospital room shifted dramatically after doctors suspected abuse. Evan was arrested that day and later charged with felony child abuse.
"It was just surreal," Michelle said.
Despite trusting medical professionals, Michelle said she knew her husband couldn't be responsible. "Like, I trust these doctors, but I know my husband. And so in my mind, that left—there's something wrong with our baby, something that's not being addressed," she said.
Watch: Parents sue Children's Wisconsin after child abuse allegations
According to the lawsuit, Evan was prohibited from caring for or even holding his infant son, while Michelle had to be supervised during interactions with their baby.
"I washed bottles, right, laundry, you know, whatever I could do indirectly that was allowed," Evan said.
Despite the restrictions, Evan expressed gratitude for being allowed in the same room as his child. "I overall, I still felt lucky to be in the room. Later on, hearing about a lot of other families that didn't get to keep their children, things like that. So it could have been a lot worse," he said.
After weeks of monitoring, CPS closed its investigation, finding no evidence to support the abuse accusations.
"They said, 'We don't believe that abuse occurred—not even seemingly recklessly,'" Michelle said.
"On December 28, 2020, we became a family again," Evan said. "Then it was the long, long, long legal process."
In their lawsuit, the Beines claim Children's Wisconsin continued to assist with efforts to prosecute Evan, despite conflicting medical opinions and without considering alternative hypotheses or additional testing.
"They were the only ones with the power to correct the record; they chose not to," Michelle said.
Meanwhile, Michelle was researching how her own scoliosis diagnosis and family history of bone disorders might be related to their son's condition. Her investigation led them to UW Health, where their son was tested for a genetic abnormality linked to bone weakness and unexplained fractures.
"It came back that he had—it's called a variant of unknown significance—in his FN1 gene, which is associated with collagen production," Michelle said.
In 2023, three years after being charged, Evan took a deferred prosecution agreement.
"It was the best possible option, but the whole process was frustrating," Evan said. He pleaded no contest, and the criminal charges were dismissed.
The Beines are sharing their story publicly to raise awareness that medical conditions can sometimes be mistaken for abuse.
"It still keeps me up at night. We're okay, and we're happy, but a lot of people aren't. And maybe I'm in a position that we can help that and help get exposure," Michelle said.
Ultimately, they hope to prevent other families from losing precious time together.
"If this could prevent three years of time for someone else—that's what this is for," Evan said.
Children's Wisconsin declined an interview request with TMJ4. A spokesperson said the hospital does not comment on open litigation and could not discuss hospital policies designed to identify and report suspected abuse for the same reason.
This story was reported by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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