# GUERRA, RIGOBERTO Jr.

> Texas Supreme Court · October 26, 2015

URL: https://www.frixlaw.com/law-library/cases/4057192

## Case

- **Court:** Texas Supreme Court
- **Decided:** October 26, 2015
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4057192

## How later opinions describe it (automated extraction)

- noting that difference between situations •• addressed by Strickland and Cronic is "not of degree but of kind."

## Opinion text

A\ttmrne·'ys at La\W
Chase
. Bank Of Te~as
. - Gulfgate
-2900 Woodridge, Suite 202
Houston, Texas 77087

(713) 645-7894
(713) 645-7777 Facsimile
RALPH R. MARTINEZ LAURA S. MARTINEZ
Board Certified in Criminal Law Member of the College of the
Board Certified in Criminal Appellant State Bar of Texas
Texas Board of Legal Specialization

October 24, 2015

Kelley Reyes
Chief Deputy Clerk
Court of Criminal Appeals Via FedEx: 8659 0826 1929
Supreme Court Building
201 West 14th Street, Room 106
Austin, Texas 78701

Re: Prince Thomas-Harris; WR-83;896-01
Rigoberto Guerrero; WR-83,899..:01

Dear Ms. Reyes:

Enclosed please firid a courtesy copy of the above ·mentioned Petitioners. In regards to
Rigoberto Guerrero, I filed a prior 11.07 Writ on his behalf; however, that. Writ was
subsequently dismissed and has been refiled. This Petition was dismissed for non compliance
with Tex. App. Rule 73.l(f) (word count certificate).

I anticipate the same problem with Prince Thomas-Harris and my courtesy copy does comply
with Tex R. App. Proc. 73.1(£). Hopefully, this will avert a·dismissal.

As per our discussion on 10/14/15, I hope that my clients' Petitions can be considered by the
Court now that I am in compliance with Rule 73.1(£). I appreciate your help and courtesy.
Thank you.

RECEIVED IN -
COURT OF CRIMINAL APPEALS Sincerely,

OCT 26 2015

Abel Acosta. Clerk .
RRM/ra
--~----·
••
••
•• IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

••
••
•• APPLICATION FOR WRIT OF HABEAS CORPUS
SEEKING RELIEF FROM FINAL FELONY CONVICTION

•• UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07

•• PETITIONER RIGOBERTO GUERRERO JR .
TDCJ-CID NUMBER 01742548
•• ELLIS UNIT TEXAS DEPARTMENT OF
CRIMINAL JUSTICE
•• HUNTSVILLE, TEXAS

••
•• PROCEEDINGS BELOW:

•• Direct Appeal: No. 05-1101298-CR
Fifth District Court of Appeals

•• Trial Court:
Dallas, Texas
Cause No. 059446

•• 15th Judicial District Court
Grayson County, Texas

••
•• REPRESENTED BY: RALPH E.. MARTINEZ
TBA: 13143600

•• 2900 Woodridge, Suite 202
Houston, Texas 77087

•• 713-645-7894
713-645-777-Fax

••
••
••
••
•• IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
••
••
•• APPLICATION FOR WRIT OF HABEAS CORPUS
SEEKING RELIEF FROM FINAL FELONY CONVICTION

•• UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07

•• PETITIONER RIGOBERTO GUERRERO JR .

•• TDCJ-CID NUMBER 01742548
ELLIS UNIT TEXAS DEPARTMENT OF

•• CRIMINAL JUSTICE
HUNTSVILLE, TEXAS

••
•• PROCEEDINGS BELOW:

•• Direct Appeal: No. 05-1101298-CR
Fifth District Court of Appeals

•• Trial Court:
Dallas, Texas
Cause No. 059446

•• 15th Judicial District Court
Grayson County, Texas

••
•• REPRESENTED BY: RALPH R. MARTINEZ
TBA: 13143600
•• 2900 Woodridge, Suite 202
Houston, Texas 77087
•• 713-645-7894
713-645-777-Fax
••
••
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••
•• COURT OF CRIMINAL APPEALS OF TEXAS

••
APPLICATION FOR A WRIT OF HABEAS CORPUS
SEEKING RELIEF FROM FINAL FELONY CONVICTION
UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07

•• INSTRUCTIONS

•• 1. You must use the complete form, which begins on the following page, to me an
application for a writ of habeas corpus seeking relief from a rmal felony conviction

•• under Article 11.07 of the Code of Criminal Procedure. (This form is not for death-
penalty cases, probated sentences which have not been revoked, or misdemeanors.)

•• 2. The. district.clerkofthe county in .which .you were convicted will make this form
available to you, on request, without charge•

•• 3. You must me the entire writ application form, including those sections that do not
apply to you. If any pages are missing from the form, or if the questions have been

•• 4.
renumbered or omitted, your entire application may be dismissed as non-compliant.

You must make a separate application on a separate form for each judgment of

•• conviction you seek relief from. Even if the judgments were entered in the same
court on the same day, you must make a separate application for each one•

•• 5. Answer every item that applies to you on the form. Do not attach any additional
pages for any item.

•• 6. You must include all grounds for relief on the application form as provided by the

••
instructions under item 17. You must also briefly summarize the facts of your claim
on the application form as provided by the instructions under item 17. Each ground
shall begin on a new page, and the recitation of the facts supporting the ground shall

•• 7.
be no longer than the two pages provided for the claim in the form •

Legal citations and arguments may be made in a separate memorandum that

•• complies with Texas Rule of Appellate Procedure 73 and does not exceed 15,000
words if computer-generated or 50 pages if not.

•• 8. You must verify the application by signing either the Oath Before Notary Public or
the Inmate's Declaration, which are at the end of this form on pages 11 and 12. You

•• may be prosecuted and convicted for aggravated perjury if you make any false
statement of a material fact in this application.

•• 9. When the application is fully completed, mail the original to the district clerk of the
county of conviction. Keep a copy of the application for your records•

•• 10. ·You must notify the district clerk of the county of conviction of any change in
address after you have med your application .

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•• Case No . - - - - - -

•• (The Clerk of the convicting court will fill this line in.)

•• IN THE COURT OF CRIMINAL APPEALS OF TEXAS

•• APPLICATION FOR A WRIT OF HABEAS CORPUS
SEEKING RELIEF FROM FINAL FELONY CONVICTION
UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07

••
•• NAME:

DATEOFBIRTH:
Rigoberto Guerrero Jr.

-·~A=ug=u=st~1~4~,~19~8~0______________________________________

•• PLACE OF CONFINEMENT: I!is~U......
__._E..... ni.._t- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

•• TDCJ-CID NUMBER: _0_1_74_2_5_48--:------ SID NUMBER: ______0_63_9_6_24_4_____

•• (1) This application concerns (check all that apply):

•• ~

~
a conviction

a sentence
0

0
parole

mandatory supervision

•• 0 time credit 0 out-of-time appeal or petition for

•• discretionary review

•• (2) What district court entered the judgment of the conviction you want relief from?
(Include the court number and county.)

•• 15th Judicial District Court of Grayson County, Texas

•• (3) What was the case number in the trial court?

•• 059446

•• (4) What was the name of the trial judge?

•• Honorable Jim Fallon

••
•• Effective: January 1, 2014 1

•
••
•• (5) Were you represented by counsel? If yes, provide the attorney's name:

•• Jack Louis McGowen

•• (6) What was the date that the judgment was entered?

••
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September 14, 2011

•• (7) For what offense were you convicted and what was the sentence?

•• Injuty to a child. Fifty years and Ten Thousand Dollar Fine

••
(8) If you were sentenced on more than one count of an indictment in the same court at
the same time, what counts were you convicted of and what was the sentence in each
count?

•• N/A

••
•• (9) What was the plea you entered? (Check one.)

•• 0 guilty-open plea
IX not guilty
0 guilty-plea bargain
0 nolo contendere/no contest

•• If you entered different pleas to counts in a multi-count indictment, please explain:

••
••
•• (10) What kind of trial did you have?

0 no jury ~jury for guilt and punishment

•• 0 jury for guilt, judge for punishment

••
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•• 2

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•• (11) Did you testify at trial? If yes, at what phase of the trial did you testify?

•• Guilt Innocence phase and Sentencing Phase

•• (12) Did you appeal from the judgment of conviction?

•• Dt yes D no

•• If you did appeal, answer the following questions:

•• (A) What court of appeals did you appeal to? _fifth Supreme Judicial District of Texas

••
(B) What was the case number? No 05-11-01298-CR

(C) Were you represented by counsel on appeal? If yes, provide the attorney's

•• name:
Jason Butscher

•• (D) What was the decision and the date of the decision? Affirmed

•• (13) Did you file a petition for discretionary review in the Court of Criminal Appeals?

•• D yes ~ no

If you did file a petition for discretionary review, answer the following questions:

•• (A) What was the case number?

•• (B) What was the decision and the date of the decision?

•• (14) Have you previously filed an application for a writ of habeas corpus under Article

••
11.07 of the Texas Code of Criminal Procedure challenging this conviction?

Dyes 00 no

•• If you answered yes, answer the following questions:

•• (A) What was the Court of Criminal Appeals' writ number?

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(B) What was the decision and the date of the decision?

(C) Please identify the reason that the current claims were not presented and could

•• not have been presented on your previous application .

••
••
••
••
~
• (15) Do you currently have any petition or appeal pending in any other state or federal
court?

•• Dyes ~no

•• If you answered yes, please provide the name of the court and the case number:

••
•• (16) If you are presenting a claim for time credit, have you exhausted your
administrative remedies by presenting your claim to the time credit resolution
system of the Texas Department of Criminal Justice? (This requirement applies to

•• any f"mal felony conviction, including state jail felonies)

••
Dyes D no

If you answered yes, answer the following questions:

•• (A) What date did you present the claim?

•• (B) Did you receive a decision and, if yes, what was the date of the decision?

••
•• If you answered no, please explain why you have not submitted your claim:

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•• 4

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••
•• (17) Beginning on page 6, state concisely every legal ground for your claim that you are

•• being unlawfully restrained, and then briefly summarize the facts supporting each
ground. You must present each ground on the form application and a brief

•• summary of the facts. Ifyour grounds and brief summary ofthefacts have not been
presented on the form application, the Court will not consider your grounds•
If you have more than four grounds, use pages 14 and 15 ofthe form, which you

•• may copy as many times as needed to give you a separate page for each ground, with
each ground numbered in sequence. The recitation of the facts supporting each

••
ground must be no longer than the two pages provided for the ground in the form•

You may include with the form a memorandum of law if you want to present legal

•• authorities, but the Court will not consider grounds for relief set out in a
memorandum of law that were not raised on the form. The citations and argument
must be in a memorandum that complies with Texas Rule of Appellate Procedure 73

•• and does not exceed 15,000 words if computer-generated or 50 pages if not. If you
are challenging the validity of your conviction, please include a summary of the facts

•• pertaining to your offense and trial in your memorandum.

••
••
~
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•- 5

••
••
••
•• GROUND ONE:

Denial ofEffectiye Assistance ofCmmsel

••
•• FACTS SUPPORTING GROUND ONE:

•• Trial counsel was ineffective for not requesting the Court to appoint an expert medica) witness or

•• consuJtant or to rise fimds to hire said eXpert to assist ¢ouris¢1 in cross examina:tjob of State lnedjcaJ

•• experts or testify as medical experts at tria] given the existence of a medical condition in complainant

•• that may have caused the injuries ascribed to defendant's actions .

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•• GROUND TWO:
Whether the prosecutor's remarks comparing Applicant to "Casey Anthony"

•• violated Applicants Due Course of Law Rights under Tex. Const. Art. I.§
10 and the Fifth and Fourteenth Amendments of the United States Constitution .

•• FACTS SUPPORTING GROUND TWO:

•• During the prosecutors closing argument he compared Applicant to

•• "Casey Anthony" a notorious and publicized criminal case of child a.buse .

•• No record of this comment or objection exists but witness affidavits

•• attached as exhibits attest to its occurrence ..

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GROUND THREE:

•• Trial counsel was ineffective in representing Petitioner by not properly objecting to and insuring that both the objection and

••
prosecutor's closing argument comparing Petitioner to "Casey Anthony" was not recorded .

••
FACTS SUPPORTING GROUND THREE:
The prosecutor in this case argued his closing argument that Petitioner was comparable to "Casey

•• Anthony," an infamous and alleged child abuser who-se case was prominent in the media during

•• Petitioner's trial. This argument is attested to by several witnesses including in Exhibit "A" of this

•• Petition. The trial counsel did not properly object to or ensure the statement was recorded .

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•• GROUND FOUR:
Appellate counsel did not object to the exclusion of the prosecutor's closing argument to "Casey Anthony" pursuant to

•• Tex.R.App. P. 34.5(b)(l) or request the record be supplemented pursuant to Tex. R. App. P. 34(L)(l ).

•• FACTS SUPPORTING GROUND FOUR:

•• The prosecutor in this case argued his closing argument that Petitioner was comparable to "Casey

•• Anthony," ail infamous and alleged child abuser whose case was prominent in the media during

•• Petitioner's trial. This argument is attested to by several witnesses including in Exhibit "A" of this

•• Petition. The trial counsel did not properly object to or ensure the statement was recorded .

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•• 12

••.. --------------------------------------------------------------
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•• GROUND:

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•• FACTS SUPPORTING GROUND:

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•• 15

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•• WHEREFORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT
RELIEF TO WHICH HE MAY BE ENTITLED IN TillS PROCEEDING.

•• VERIFICATION

••
This application must be verified or it will be dismissed for non-compliance. For
verification purposes, an applicant is a person filing the application on his or her own behalf. A
petitioner is a person filing the application on behalf of an applicant, for example, an applicant's

•• attorney. An inmate is a person who is in custody.

The inmate applicant must sign either the "Oath Before a Notary Public" before a

•• notary public or the '-'Inmate's-Declaration" without a notary public.-- If the inmate is-represented
by a licensed attorney, the attorney may sign the "Oath Before a Notary Public" as petitioner and

•• then complete "Petitioner's Information." A non-inmate applicant must sign the "Oath Before a
Notary Public" before a notary public unless he is represented by a licensed attorney, in which
case the attorney may sign the verification as petitioner.

•• A non-inmate non-attorney petitioner must sign the "Oath Before a Notary Public"

•••
before a notary public and must also complete "Petitioner's Information." An inmate petitioner
must sign either the "Oath Before a Notary Public" before a notary public or the "Inmate's
Declaration" without a notary public and must also complete the appropriate "Petitioner's
Information."

•• OATH BEFORE A NOTARY PUBLIC

•• STATE OF TEXAS

COUNTY OF ___________

•• - - - - - - - - - - - - - - ' b e i n g duly sworn, under oath says: "I am

•• the applicant I petitioner (circle one) in this action and know the contents of the above
application for a writ of habeas corpus and, according to my belief, the facts stated in the
application are true."

•• Signature of Applicant I Petitioner (circle one)

••
•• SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF _____, 20_ _.

•• Signature ofNotaiy Public

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•• 16

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PETITIONER'S INFORMATION
•••
••';. Petitioner's printed name: Ralph R. Martinez (Representing Applicant Rigoberto Guerrero, Jr.)

State bar number, if applicable: -.~l-.;~.3..1.'14*-'3LU6..,..00~--------
•••
••• Address: 2900 Woodridge Suite 202

••• Houston Texas 77087

••
•• Telephone:

Fax:
713-645-7894

••
713-645-7777

•• INMATE'S DECLARATION

f,j ,br- ~1o {_,J.AV'JWJ V
•• I, , am the applicantletion

t/111 V1 J D (" 3- C I j)
(circle one) and

, declare under penalty of

••
being presently incarcerated in 1

perjury that, according to my belief, the facts stated in the above application are true and correct.

•• Signed on
.H.~ y
.Jkr, / Z

Genetics & Metabolism

••
Personalized medicine, prenatal counsel
Dysmorphology, birth defects Development delays, mental disability
Prenatal counseling Growth, obesity, ADHD, behavior issues
Dallas: Phone 972-566-2500 Plano: Phone 972-312-0440

••GoaW1lson MD, PhD
Certified in Pediatrics & Medical Genetics
Information/questions: Phone: 214-797-0031
Medical City Hospital Suite 8311
7777 Forest Lane
Dallas TX 75230
Miranda Ramirez Pediatrics
3608 Preston Rd, Suite 125
Plano TX 75093

••
cc:
Email: TheGgnome@aol.com Fax 972-566-2505 Fax 469-467-9343
More information: www.kinderGgnome.biz

••Ralph Martinez Attny
29000 Woodridge Ste 202
Rigoberto, Raquel Guerrero
1212 S Hazelwood St

••
Houston TX 77087 Sherman TX 75090

••
•
••
••
••
•• ~

Pediatric Genetics

••
March 18,2014
Dr. Malgorzata Gajda
Hilltop Pediatrics

•• 300 N Highland Ave Suite 542
Shennan, TX 75092

••• Dear Dr. Gajda:
.RE: ..Lucas Guerrero" .. .f3.D: 9.::.f!-.,.1.995L,..

•• Thank you for referring Lucas Guerrero who I saw again on March 17, 2014 in our Medical City office for
outpatient genetic consultation. Lucas is 14 years old and came in with his grandmother for discussion of genetic
testing. My overall impression was that Lucas has a moderate form ofEhlers-Danlos syndrome (EDS) type I

•• characterized by tall stature, hypermobility, arthralgia, and some symptoms of paroxysmal orthostatic
tachycardia syndrome (POTS). I had inquired of the GeneDx company what the family self-pay would be for
exome sequencing that examines all23,000 human genes, and they responded that the family would have

•• minimal out-of-pocket costs. I will now resend their new insurance information to confirm full insurance
coverage, and we will try to arrange the exome test for Lucas, his mother in Flower Mound, and his father
who is incarcerated in Tennessee Colony Texas. I will send a follow-up letter when we have the out-of-pocket

•• estimates with potential blood draw mechanisms for the parents .

PAST MEDICAL IDSTORY: I had previously documented the history of several infantile fractures which

•• resulted in placement with his grandmother since age 1 year. He had some development delays with need for ECI
that may have reflected healing from fractures since he has done well in school until recently. He had some physical
therapy at age 8-9 years and he has had normal language. Symptoms such as joint popping, arthralgias, fractures in

••
his L foot, and stomach issues suggestive of IBS suggest the diagnosis ofEDS, and some urologic issues along with
dry eyes have suggested POTS along with dizziness on standing, hypotension, enjoyment of salty foods, occasional
fatigue and "brain fog," the latter possibly accounting for some school difficulties. He was told that he has collapsed

••
arch~s in his feet.

FAMILY IDSTORY: The previously documented family history indicates that Lucas has half-brothers Jacob and

••
Matthew, the latter with early fractures that in 2009 resulted in his father having criminal charges of child abuse
with incarceration. Grandmother (mother of the three boys' father), does not have contact with these other
grandchildren, but thinks that Jacob may have had an arm fracture. Grandmother is a nurse working in dialysis and

••
has had several symptoms ofEDS-joint pains with flexibility, migraines, menorrhagia, and endometriosis. She has
another son in addition to Lucas' father with joint issues and a daughter who has a son, age 9, with flexibility,
asthma, and eczema.

•• PHYSICAL EXAMINATION: Lucas was 6-2 'l'2(90th centile for age) and weighed 163 lbs (50th centile for age)
with a head circumference of22.5 inches (901h centile for age). He continues to grow rapidly (6-1 at his last visit)
and has a slender, fit build that will help prevent wear-and-tear joint injury.

•• H EENT: Normal hair pattern and texture with normal head shape; normal facial appearance with no subtle
anomalies of the eyes, ears, or jaw..
Back: Mild dextroscoliosis in thoracolumbar region with angle of about 5 degrees.

•• Extremities: Normal proportions with normal palmar creases. I previously documented moderately increased joint
laxity with Beighton hypermobility scale of 5-6/9). He has long fingers and the thumb-little finger overlap around
wrist (Walker-Murdoch) and thumb through fist (Hoffinan) signs were positive.

•• Skin: Soft texture with hyperelasticity sufficient to give a 1 inch fold on his forearm .
Neuro: No focal neurologic deficits. He is very interactive and conversational with obvious normal intelligence. He
has good coordination and balance as judged by tandem walk

••
•
••
••
RE: Lucas Guerrero BD: 9-4-1999

•• IMPRESSION: My impression remains that Lucas has a moderate form ofEhlers-Danlos syndrome (EDS) type I
with evidence for skeletal, gastrointestinal and vascular changes. I cannot exclude a form ofMarfan syndrome
although he has not yet had any aortic or cardiac changes, but the type IV EDS syndrome is unlikely since he does

•• not have a pinched lower face or translucent skin .

RECOMMENDATIONS: I will recontact the GeneDx company to ascertain what the self-pay costs would be for

•• exome sequencing (list price fo $9000) based on their new insurance. If covered, we can arrange blood draws for
Lucas and his parents, and have urged his grandmother to contact me (email best) with new questions or concerns .

.~,,~
•• Genetics & Metabolism
Dysmorphology, birth defects
Prenatal counseling
Personalized medicine, prenatal counsel
Development delays, mental disability
Growth, obesity, ADHD, behavior issues
. • .___ ,. .... ~- .Dallas:J?hone,9.Z2c:566.:25Q.O.~.,,"' .......J?,l;3QO:~Rh

••
Medical City Hospital Suite 8311
Certified in Pediatrics & Medical Genetics 7777 Forest Lane
Information/questions: Phone: 214-797-0031 Dallas TX 75230

••
Email: TheGgnome@aol.com Fax 972-566-2505
More information: www.kinderGgnome.biz
cc:

•• Ralph Martinez Attny
29000 Woodridge Ste 202
Houston TX 77087
Rigoberto, Raquel Guerrero
1212 S Hazelwood St
Sherman TX 75090

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Pediatric Genetics
December 12,2013

·-•• Dr. Malgorzata Gajda
Hilltop Pediatrics
300 N Highland Ave Suite 542
Sherman, TX 75092

··~----·-·-··-~,--~-· "~--- --·---··-·---~-=···": ··-- ........ ~-··-·
• Dear Dr. Gajda:

•• Thank you for referring Lucas Guerrero who I saw on December 12, 2013 in our Plano office for outpatient
genetic consultation. Lucas is 14 years old and came in with his grandmother for evaluation of a possible
connective tissue dysplasia. My overall impression is that Lucas has a moderate form ofEhlers-

•• Danlos syndrome (EDS) type I characterized by hypermobility, arthralgia, and some symptoms of
paroxysmal orthostatic tachycardia syndrome (POTS). I will inquire of the Gene Ox company what
the family self-pay would be for exome sequencing that examines all 23,000 human genes and has the

•• best chance to define a mutation in one ofthe >100 genes implicated in connective tissue dysplasias or
dysautonomia. I will let the family know in a week and we can arrange blood draws on Lucas and
his parents if it is feasible to proceed .

•• PAST MEDICAL IDSTORY: Lucas was a premature baby after a 34-week gestation and had transient
jaundice and hypoglycemia. He was bottle-fed with some early feeding difficulties and there was a question

•• of tears in the cornea at one point. At age 2 months he was removed from parental custody after an arm
fracture and others in multiple stages of healing were found-apparently vitamin D deficiency was also
questioned. His grandmother acquired custody at age 1 year and relates a history of hypotonia with motor

••
delay-he did not walk until age 18 months and he was in ECL However, the delays may have reflected
healing from fractures in that he has done well in school until recently, troubled more by lack of effort than
cognitive concerns according to his grandmother. He had some muscle weakness that needed physical

••
t}:lerapy at age 8-9 years and he has had nonnall~nguage .

His muscle weakness may have reflected limitation from joint pain as he has popping joints and arthralgias,

••
particularly in his shoulders. He has been in a boot twice for stress fractures in his L foot. His most severe
symptoms are likely due to ms with severe stomach issues at ages 4-5 years after GE reflux as a baby. He
has chronic constipation and Dr. Russo performed a normal endoscopy and biopsy. Also potentially related
to dysautonomia are urology issues with need for stents in his ureters and an episode of urosepsis. He also

•• has had significant vision issues with dry eyes and poor vision evaluated at age 6-7 years. He was found to
have vitamin A deficiency and now takes 25,000 units per day, also having other fat-soluble vitamin
deficiencies such as vitamin K that could reflect bowel malabsorption-he is seeing Dr. Hutchinson of

•• endocrinology and Dr. Russo of Gl for these issues. He also has symptoms of POTS with an episode of
severe shortness of breath and saw Dr. Zellers of cardiology with monitoring for arrhythmia that was
apparently negative. He has dizziness on standing, hypotension, enjoyment of salty foods, occasional

•• fatigue and "brain fog," the latter possibly accounting for some school difficulties. He has not had striae or
unusual scars and does not note TMJ pain or popping, obvious scoliosis or pectus. He was told that he has
collapsed arches in his feet.

•• FAMILY IDSTORY: Family history indicates that Lucas has half-brothers Jacob and Matthew, the latter
with early fractures that in 2009 resulted in his father having criminal charges of child abuse with

•• incarceration. Grandmother (mother of the three boys' father), does not have contact with these other
grandchildren, but thinks that Jacob may have bad an arm fracture. Grandmother is a nurse working in
dialysis and has had several symptoms ofEDS-joint pains with flexibility, migraines, menorrhagia, and

••
••
••
•• RE: Lucas Guerrero BD: 9-4-1999

•• endometriosi& ~he has another son in addition to Lucas' father with joint issues and a daughter who has a

••
son, age 9, with flexibility, asthma, and eczema. Otherwise, there are no individuals known to have
developmental disability, birth defects, or early onset cancers on either side of the family .

PHYSICAL EXAMINATION: Lucas was 6-1 and weighted 156lbs with a slender, fit build.

•• HEENT: Normal hair pattern and texture with normal head shape; normal facial appearance with no subtle
anomalies of the eyes, ears, or jaw..
Neck and chest: No webbing or sinuses; mild pectus excavatum

•• Heart: No murmurs--regular rate and rhythm
Back: Mild dextroscoliosis in thoracolumbar region with angle of about 5 degrees .
Extremities: Normal proportions with normal palmar creases. Moderately increased joint laxity with

•• Beighton hypermobility scale of 5-6/9). He has long fingers and the thumb-little finger overlap around
wrist (Walker-Murdoch) and thumb through fist (Hoffman) signs were positive .
· Skin:··so1l'feXfufe"with hyperelifstieity'Slifficientto'give·a·l inch fold on"his·forearm:~"· ·"·"···· -· -···· -· --· • · · - ~-·-" · ·--·

•• Neuro: No focal neurologic deficits. He is very interactive and conversational with obvious normal
intelligence. He has good coordination and balance as judged by tandem walk

•• IMPRESSION: My impression is that Lucas has a moderate form ofEhlers-Danlos syndrome (EDS) type
I with evidence for skeletal, gastrointestinal, and vascular changes. The latter have manifest mainly as
POTS and gastroparesis/irritable bowel syndrome, and I do not see evidence for the Chiari malformation

•• that is more common in EDS. I also cannot exclude a form of Marfan syndrome although he has not yet had
any aortic or cardiac changes, but the type IV EDS syndrome is unlikely since he does not have a pinched
lower face or translucent skin .

•• RECOMMENDATIONS: I attach information on the EDS spectrum and would suggest return to
cardiology if Lucas has more severe POTS symptoms, especially if they interfere with school. Drs. Lee

••
Ann Pearse of pediatric cardiology and Dr. Amer Suleman of adult cardiology are very familiar with
POTS. Otherwise, Lucas should follow the joint protection and nutrition approaches outlined in the
information, and I am inquiring of the GeneDx company what the self-pay costs would be for exome

••
sequencing (list price fo $9000 but often covered or discounted through insurance). I have urged his
grandmother to contact me (email best) with new questions or concerns.

Sine~ y yours
••
Genetics & Metabolism Personalized medicine, prenatal counsel
\ Oysmorphology, birth defects Development delays, mental disability
Prenatal counseling Growth, ob(!sity, ,II.DHD, behav_ior issues
Dallas: Phone 972-566-2500 Plano: Phone 972-312-0440

•• Golder N. Wilson MD, PhD
Certified in Pediatrics & Medical Genetics
Information/questions: Phone: 214-797-0031.
Medical City Hospital Suite B311
7777 Forest Lane
Dallas TX 75230
Miranda Ramirez Pediatrics
3608 Preston Rd, Suite 125
Plano TX 75093

•• Email: TheGgnome@aol.com Fax 972-566-2505 Fax 469-467-9343
More information: www.kinderGgnome.biz

••
cc:
Ralph Martinez Attny Rigoberto, Raquel Guerrero
29000 Woodridge Ste 202 1212 S Hazelwood St

••
Houston TX 77087 Sherman TX 75090

••
••
••
••
•
••
•• Ehlers-Danlos syndrome (EDS) discussion-Or. Wilson
What is EDS? Ehlers and Danlos were dermatologists who in the early 1900s descnbed a syndrome (pattern) caused by lax

•• connective tissue highlighted by patients with hyperelastic skin. In 1977, Dr. Peter Beighton organized intervening literature by
postulating 7 EDS types, with type I involving skeletal problems plus extended complications of the bowel and circulatory system,
type II showing mainly hypermobility, type III having hypermobility with many stretch marks, and type IV with tight lower facies,

•• thin aged skin, and lethal vessel ruptures. Types V-VII are more localized and rare, affecting gums or producing odd skin lesions .
Type IV was erroneously called the "vascular" type even though all forms ofEDS can have flexible and fragile blood vessels. Many
physicians and geneticists continue to view EDS as a group of rare specific types, but my experience teaches that hypermobility

•• disorders and EDS comprise a spectrum that is as common as diabetes. Most individuals have only hypermobility, a trait that they
take for granted and become aware of only when they have frequent sprains or wear-and-tear arthritis. Others have more severe
symptoms that can be disabling but not life-threatening, and the clinical diagnosis ofEDS emphasizes that patients have a true

•• condition and that their anxiety, fatigue, and chronic pain are real symptoms rather than "in their minds" or branding them as
hypochondriacs. The Inspire website (https://www.inspire.com/groups/ehlers-danlos-national-foundationl) is an excellent and patient-
oriented source of information.

•• Rarer, extreme'forms·'ofEDS-reflect single gencf(autosoin'al dominant)inheritante:-The severe types ofEDS along with other
members of the connective tissue dysplasia category like Marfan syndrome (exemplified by an Abe Lincoln build) or osteogenesis
--

••
imperfecta (OI or brittle bone disease) exhibit autosomal dominant inheritance, meaning that affected individuals have one normal and
one abnormal gene. The abnormal gene dominates to cause connective tissue laxity-both genes make protein with the abnormal gene
making a deformed protein that interacts with the normal protein like bricks in a wall. The deformed brick (protein) makes the wall
wobbly and weak, translating to weaker and flexible skin, joints, and blood vessel walls. Severe forms ofEDS and related conditions

•• can be diagnosed by targeted DNA testing-fibrillin gene testing for those with obvious Marfan syndrome, collagen type ill testing
for those with obvious EDS type IV. collagen I testing for those with obvious 01.

•• Most EDS cases are cause by multiple genes and comprise a spectrum: Most patients with EDS exhibit overlapping symptoms of
joint popping/dislocation/injury with later arthritis, soft and elastic skin with unusual scars and bruising, migraines, heavy periods with
endometriosis, and dysautonomia (altered function of the autonomic nervous system) with irritable bowel syndrome (IBS) and

•• paroxysmal orthostatic tachycardia syndrome (POTS). In EDS, POTS is due to pooling of blood in lower extremities when standing
with dizziness, fainting, fatigue, and "brain fog" (intervals of decreased focus and memory). Diagnosis ofEDS among many causes of
dysautonomia allows therapy by increasing intravascular volume with hydration and salt to increase brain perfusion. Patients with

•• broader symptoms are likely to have multiple gene changes compatible with multifactorial causation.

EDS remains a clinical diagnosis: As of now the diagnosis ofEDS is clinical in most cases, meaning documentation of typical

•• histories and physical findings (tall stature, lean build, hypermobility, skin elasticity). Patients can be grouped as hypermobile EDS
(REDS) or classical (CEDS with broad symptoms) but this is greatly oversimplified, as are the 7 types described by Beighton. I tend
to group patients with only skeletal symptoms as type II or ill (with associated stretch marks/scarring) and those with broader

••
symptoms as type I. Since over 40 genes have been implicated in EDS, we can anticipate over 40 types with overlapping symptoms
when DNA testing of multiple genes becomes routine. At present the clinical diagnosis of connective tissue dysplasia or EDS
spectrum disorder is reasonable since it will guide patients and physicians to anticipate a broad range of medical complications and

••
refute assumptions about mental illness or hypochondriasis .. The many possible gene changes make single gene (DNA) testing oflow
yield except in cases with obvious Marfan or EDS IV.

••
Gene testing for EDS: Three levels of gene (DNA) testing include I) testing for Marfan and related Loeys-Dietz syndromes through
LabCorp (-$1600 and usually covered by insurance), 2) a 12-gene panel including Marfan, EDS type IV, and other rare forms ($3600
with guaranteed maximal $100 self-pay over insurance through the GeneDx company), and 3) exome sequencing examining the exons
(protein-coding regions)ofall23,000 genes in our genome (rapid parallel/(NextGen sequencing of parent-child trios for $9000

•• through GeneDx with guaranteed max of$1000 self-pay over insurance). For the latter test, I can send insurance information to
GeneDx to ascertain each family's self-pay amount which sometimes is much less than $1000. Sadly, most genetic testing is not
covered by Medicaid or Medicare. Even a positive gene test may not lead to different therapy or management.

•• EDS therapies: Arthritis is due to joint hypermobility with wear-and-tear injury (osteoarthritis), not from inflammation like
rheumatoid arthritis or that due to lupus and other rheumatic diseases. Thus therapy is preventive with common sense

•• recommendations for joint protection, favoring activities like swimming and avoiding those like long distance running, gymnastics,
etc. Patients should remain active with moderate weight-lifting and other reasonable activities to build muscles aronnd the joints,
preventing cycles of inactivity with increasing joint stiffuess and pain that present as chronic fatigue syndrome or fibromyalgia. The

•• RICE (Rest, Ice, Compression, Elevation) approach to injury can minimize ongoing joint damage, and susceptibility to injury plus
slow healing should prompt early orthopedic evaluation to exclude tears and fractures. POTS benefits from hydration (8 glasses fluid
per day), salt in the absence ofhypertension, and vitamins (C--2g per day, D >1000 units per day, Bl2-2.5 mg per day, daily

•• multivitamin and mineral preparation). ms can be helped by avoiding fluids before meals with small feeds and, for some, low gluten.

•
•• Jt".-31-2013 WED 05:35AM
I

Rece lued:
rAX NU.
May 22 2013 05:33Pm
r. uc:.

•• MF 22-2013 WED 05:17PM FAX NO. ?. 02

•• PHYSICIAN REFERRAL

•• NOTE: Application cannot be processed without physician referral
A TIENTION: Referring Physician -the following is REQUIRED data:
1) Child's Nama and Dilte of Birth

•• 2) SgctiQLl.A and/or Section B completed in its ENTIRETY for determination of child's eligibility
3) Phvsician Signature, Date, Medical License Number, and Demographics

•• If you have any questions regarding the referral an~/or services that TSRHC provides, please contact the Pa1ient
Access RN at (214) 559~7559 or 1 {800) 595-7604 .

Gl1~ {{~J() -~ uf? bet"\
•• Child's name
Last
1
LU r.et S
First Middle (SUfflk)
Dat13 of birth CPL l
Mo
G tf
Day
f /
Yr
qCfCj

•
Section A- REQUEST FOR ORTHOPEDIC/MUSCULOSKELETAL
, EVALUATION (completed by MD)

••
••
••
•••
•• --;:;;..,(T (P.Thr31Met \Approximately jVanantof 1
j ((C5995T) ((T31M) ~40% iunknown \

•••
l : j ; !significance i
:.........,.,.,.,_.,..,,.,..,.,_.._., .......,....... ,,,~\.··\.\."'"""'""'""""l""""""""' ....... """'·'''·'-"''-'•'"'"""'"'""'"'""""""=",....."'"'"""'""'""~~"""""".,.."...._""....,'"""""'"""(""""'""""'"·'"'"~'"""""'"'"'"'"""""'"""'""'""~"~"''-"'""'"'"'""""...._'"''"""'"'"""'""'!'f•1 ,,.,..,.~

A definitive mitochondrial DNA mutation was not identified. Subsequent testing L)f this
individual's mother (GcneDx# 1437389) by Sanger sequencing found that she harbors the
m.5995 C>T variant of unknown significance in the MT-COl gene at a level of

•• heteroplasmy that appears to be lower than that found in her child .

This individual's haplogroup and a table of observed polymorphisms are also provided.* The

•• observed polymorphisms have not been reported to be associated with a disorder of
mitochondrial metabolism when present in association with this individual's specific
haplogroup .

•• 1nterpretation; A variant of unknown significance has been identified in the MT-COl gene. The m.5995
C>T variant has not been reported in Mitomap (www.mitomap.org) as a n'lutation or a benign

••
polymorphism, and it has not been reported in the general population [0 of 2704 individuals
in mtDB www.genpat.uu.se/mtDB); 0 of 3735 individuals in MitoWheel
(http://mitowheel.org/mitowheel.html); 0 of 6391 individuals in GeneDx mtDNA variant

••
database]. The p.T31M variant is a non-conservative amino acid substitution, which is likely
to impact secondary protein structure as these residues differ in polarity and size. This
substituti"m occw·s at a position where amino acids with similar prope1ties as Threonine are

•••
conserved across species. In silico analysis is inconsistent in its predictions as to whether
or not the variant is damaging to the protein structure/function. Therefore, based on the
currently available information it is unclear whether this variant is a disease-causing

••
mutation or a rare benign variant.

If this individual's mother does not have symptoms of a mitochondria] disorder or has less

•• severe symptoms than that of her child, the presence of the m.5995 C>T variant at an
~4.pparently lower level of heteroplasmy than her child supports this variant being a
pathogenic mutati.on. If the mother has similar symptoms as her child, no further

•• Recommendation:
interpretation is possible .

Clinical correlation and genetic counseling is recommended .

•• GeneDx • 207I'orry Parkway • Gailhersbure, MO 20877 . Tel (30l) Slll·2100 - Fax {301) 519-2892 · www.grnedx.com • l'age 1 of 2

••
,.•
~·
07-28-'15 14:18 FROM- Dav:~~
' \
Denison 9034838830 T-514 P0007/0012 F-952

•• Genetic Testing Report

•• Patient. Name:
Date of Birth:
GUERRERO, Lucas
9/4/199~
GeneDx Accession No:
Date Specimen Obtained:
1436501
8!20/2014

••
Specimen Type: Blood in EDTA Date Specimen Received: 8/2U2014
Submitters ID No: None Date Test(s) Stat·ted: 8/28/2014
Ot·dered By: Dr. Golder Wilson Date ~f Repot·t: 11/25/2014

•• Methods: The entire mitochondrial genome from the submitted sample was amplified and sequenced
using a solid state sequencing by-synthesis process. DNA sequence was assembled and

•• analyzed in compm·is.on with the revised Cambridge Reference Sequence (1"CRS) and the
reported mutations and polymorphisms listed in the MlTOMAP database
(http://www.mitomap.org). The presence of a disease associated sequence variant, if

•• present, is confirmed by conventional dideoxy sequence analysis or other methods. A
reference library of more than6000 samples from different ethnic groups and online
databases for mtDNA va.riations is used to evaluate variants of unknown clinical

•• signit1cance. In some cases, additional testing may be recommended to elucidate
pathogenicity. For mtDNA deletions, levels of heteroplasmy of 15% or lower may not be
detected and for mtDNA point mutations, novel mutations with a heteroplasmy of lower

•• than 5% may not be detected by Next-Generation sequencing .

Reportable variants of potential pathogenicity were evaluated in the maternal sample by

•• PCR-amplit1cation of the relevant portion(s) of the mitochondrial genome from genomic
DNA. Bidirectional sequence was obtained and DNA sequence was analyzed and compared
to the published gene sequence. The methods used by GeneDx are expected to be greater

•• than 99% sensitive in detecting mutations identifiable by sequencing. Levels of mutant
heteroplasmy 25% or lower may not be detected, and levels of mutant heteroplasmy 75% or
higher may appear to be homoplasmic by Sanger sequencing .

••
••
••
••
•• Report electronically signed by:
Renkui Bai M.D., Ph.D., FACMG
Report electronically signed by:
Ed~n Haverfield Ph.D., FACMG

•• Director, Genetic Testing for Mitochondrial Disorders
~X~IDNA RdSeq: NC_Ol2920.1
Director, Whole Exome Sequencillg Program

:
;r;,;~;;;~~I;;'~di;;eill;~-;-;;;;~;~~~~;r(;;.~ci";~;n:To;t;;;p,;~;;;;;,;r-;dei.tiryi~gq;;-:ility d~r~~w(irt"~.;;;i~&'P-;;i;i;tio;s:;;;iii;~;;i;~'d~~~7,~-
well ~s large sinele dt:l~lions) in mtDNA. For mtOI'lA deletions. this test will detect almost all disea5e-associated h~l2raplasmy n>ported to date (Bm1let ei al., 1992 Am J
Hum Genet 51 :1187-1200; Sciacco et aL, 1994 Hum Mal Geoet3: 13-19); levels of heteroplasrny ot· 15% or lower may not be detected and the standard deviatil)n for
heteroplasmy of large dele.tions is estimated to be 5%. Far mtDNA point mutat..ion~, novel mutations wilh a hettrophsmy of lower than 5% may not be detected. Nortnol
findings do not rule out th~ diagnosi> of a nlitocl\cmdrial disordt:r. The dinical implicati01ls of some variaticms may be u>1lnown atlhe lime of lhi~ report. Thi~ test is used
fm Clinic~! puq>oses, 1\ has not been cleared or approved by the FDA. The FDA has determined that •uch cleat:ll\C-' or approv~l i~ notn•c~ssary, Pun;uanl to the.
.
:e_'l_ui_r_e".'e.!IIS .~f _q,r_A. _:~ ~, _th~~-~-~~()ra_lo_r~ _h_a_s. ~.s!a.~.l \S~~~..~~1~.Y.~.r.\ ~!~~. \~!:. ~~.t:. ~ ~~~~=-~~r, .~!' ~ _P,~~i_si ~~:."'W.gtncdx.com - Page 2 of 2
•• 07-28-'15 14:16 FROM- Davit.9- Denison 9034636830 T-514 P0008/0012 F-952

••
•• Genetic Testing Report

•• Patient Name: GUERRERO, Lucas GeneD:x Accession No: 143M;ol
Sub!JliUers ID No: None Pr_o=-:v:..::id:::e:::d:::_____________ ------=D~a0;..;:teo:....::.of::....::.:R::::e..o::po.::.r::.;t~:•.: 0.: .9: . :/l=-=8.:. :/2: .;0:.: 1'--'-4· _ _ _ _ __

•• •MII)NA Polymorpllisms

.I••
Nucleotide Pooitlon Func!S(lllal Loc:ltion Nucleotiole Change Codoll Ch:mge An'lino Acid Ch:ongt. :Frequ~.:nc:y (Gen. Pop)

146 MT·DLOOP. T::-C 899/5453
263 MT-DLOOP A,.G 5371/5453
315 MT-DLOOP 315dupC common
!!860 MT·ATf'6 mANA A>G ACA-,.GCA Ti12A 6370/63..'}1

1: 15326
16291
MT-CYB mANA
M~:DLOOP
A>G
C>T
ACAo.GCA

'""
T194A

'"
631216391
118/5453

••
Haplogroup (liG): Wai.b

••
••
••
••
••
••
••
••
••
••
••
•• -----------~---~~~~~~~-~~---~~~:~~~-~~~~~.-------------
Geii~Dx 2(f1 Perry Parkway Gaithersburg, MD 20877 Thl (301) 519-2100 Fax (30l) 519-2892 WW».genedJe Genes Associated with Repo1·ted Phenotype:
None identified .

•• 2. Variants in Disease Genes Possibly Associated with Reported Phenotype:
None identified.

•• ACMG Inddellta.l Findings:
None identified

•• The results of the miwchondrial genome sequencing and deletion analysis are provided in the
attached report.

•• Whole _exome sequencing did 110t identify any definitive mutations or variants that relate to this patient's
reported phenotype_

•• A medical provider can request an annual reanalysis of the exorne data generated with the XomeDx test.
The current data can be reassessed for the presence of any variants that may be newly linked to this
individual's phenotype since the date of this report.

•• Additional Analysis
Comments:
Analysis of XomeDx for the proband includes evaluation of variants that are identified to be de novo
(when both parents submitted), compound heterozygous (when both parents submitted), homozygous,
hetemzygous and X·linked recessive in addition to rt.levant analysis based on the family structure and

•• reported phenotype. (n view of the phenotype information provided, analysis in this case specifically
included review of variants in genes associatr.d with tall stature, connective tissue abnormality, muscle
weakness, hypotonia, joint hyper mobility, joint laxity, recurrent fractures, scoliosis, ortnostatic tachycardia,

•• dysautonomia, delayed gross motor development, arthralgia, pectus excavatum, gastroparesis,
gastrointestinal reflux, ureter abnormality, hyperextensible skin, soft skin, neonatal jaundice, vision
abnormality, constipation, fatigue, hypotension, neonatal hypoglycemia, vitamin D deficie11cy, vitamin K

••
deficiency, feeding difficulties, and prema~ure birth .

The following genes associated with Ehlers-Danlos syndrome were specifically reviewed, with the
percentage of the coding region covered at >lOX indicated in parentheses: COLlAl (98.7%), COLIA2

•• (99.9% ), COL3Al (95.5%), COL5Al (98.0%), COLSA2 (99.1%). No pathogenic sequence changes
were identified in the coding regiollS of these genes covered by the XomcDx test

••
•• Genel)x 207 Perry Parkway G3ithersbm·l?,, MD 20877 Td (301) !il9·210~ l.~·--~-?1_~~·~ ~il.5.0.11 ....... - ................. ----- --- -- -~~-t~-~~ ~-e.~o.~_t;_ _ _ ---------. Jt.(Z.~J~~-1.~.......... ................ .
ACMG Incidental No reportable incidental findings were identified in coding regions covered by the XomoDx lest for 56
Filldings: ge1\es recommended to be reported by the AcMG (Green eL al.., 2013). See Appendix 1 for the list of 56
genes.

Limitations Regarding Incidental Findings:
Known or expected pathogenic variants in the 56 genes recommended by the ACMC are reported for the
proband (see Appendix 1 for this list of genes (Green et al., 2013)). The presence or absence of the
proband's identified incidental fmdings is available only for relatives who underwent whole exome
sequencing as part of the proband's test. Variants that may be present in a relative, but are not pre.~ent in
the proband, would not be detected and therefore are not reponed. Known or expected pathogenic
variants may be present in a ponlon of the gene not covered by this te.st and therefore would not be
detected. The absence of repmtable incidental findings for any particular gene does not mean there are no
known or expected pathogenic variants in that gene, or other variants that may confer susceptibility to the
disord~rs listed.

Recommendation.- It is possible that this patient has a pathogenic mutation outside of the coding regions analyzed, or in a
regulatory or deep intronic region that would not be detected by whole exorne sequencing. Additjonal
genetic testing, which may be able to determine the presence of any other paU1ogenlc mutations, could be
considered. Genetic counsoling is recommended to discuss the implications of this report.

Methods.- Using genomic DNA from the submitt.cd spccimen(s), the Agilent SurcSelcct XT2 All Exon V4 kit was
used to target the exon regions of the genome(s). These targeted regions were sequenced using the
Illumina HiSeq 2000 SC4uencing system with 100bp paired-end reads. The DNA sequence was mapped to
and analyzed in comparison with the published human genome build UCSC hgl9 reference sequence. The
targeted coding exons and splice junctions of the known protein-coding RefSeq genes wen: assessed for
the average depth of coverage and data quality threshold values*_ The Xomc.Analyzer was used to
evaluate sequence changes in this individual compared to other sequenced family members. All reported
sequence variants in the proband and relative samples (if submitted for variant segregation 31lalysis by
whole ex~>mc sequencing) wac confirmed by conventional di-deoxy DNA sequence analysis or other
appropriate method.

*Quality Metrics
!Mean Depth of Coverage 1 107x

Quality threshold2 9!!.3%
Tht: abovt' \.'aruru· u:prc11nl mt!frir:s from thi!i Xom~D_~ ~valJ.talion. 1M.:an tlr1pth of c.cvr:raec r,:fus lo Jlu .S!!!qu..;:nc~ m~...an read depth .a(;'C:SJ I}U! Xum~D.x

targgcc~cJ tegiun. kfined c.l.l' r:otling t:.rons cmd spUc;e.juncliom of AgiltJnl Sur~Sdt!cl XTL All Ex.on VtJ ~~targeted prort!in cadi718 RttJS~q gan~s. 2 11,~
quality thu_shold r~f~r.s co Lhi! pr:::rcl!JT.tae~ Dj the. XomttD.r. tkfiru:d to.rgei ,-~gion. wh~t~ read di!pth. wa.s a.l ~.:c.s( JO:x t;o.-etag,; (Q perm if },;gh quality o..Orn8
votianl b.tu~ calJin.e~ amwta.lifJn and t!1tahmtion. Av~ragtt quality th~shalds may ran.gl!.jrom >90·95% of lh~ XomaO.,. (l)riefed reg(on, ilKliCMi~&g u .YmaU
porlion Q{ tlw rwg c~vued wl/1•-1ufficiIiry to confldetllly call varicmr po>ilitfll.s.

GeueD: te•t should be used for clirticalputp()SU. 11 has not been clear.,(] or approved by the
I'D A. The FDA has detemoi11ed that such clear~nce ar ~pproval i~ not neces&~ry. Pu~.?.~-~-~~-~-=-~-~:!~~.'!.s~.=..~.s~-·------------------------------------·······-------------------···--·····--·······----- ............................................................... .
GeneDx 21YJ l'"UY l'llrkway C~itbersburg, MD 20877
l'aee 3 on
Ttl (301) 519-2100 Fax (301) 519-259.2 www.cenedx.com

••
•
• 07-28-'15 14:17 FROM- Dav :-~a Den i son 9034636830 T-514 P0012/0012 F-952

Appendix 1. 56 Genes Reviewed for Incidental Findings (G..-cen ct al.. 2013):
Gme Di~etln Modt 6f lnl,..'itarl(e MIM-Gf.no
ACTA2 Marf:11> Syndroroo; l.ooys-Dietz Syndromo3; TAAD Auto::-oJlla1l)Qmino:tnl 102620
ACTCJ Hypcttrophirnyopathy; Oiht•d (.m!iomyopathy AutO£Ofna\ Dcrni(•Ml 102540
APC F«milial ad~nomato\\3 polYPosis Aulo>-;>rn~l Domin;ont 611731
APOB Familia! hypereholestorolornia A\1\osomal Dominant 107730
BRCAI H~r.dit~ l:!reast ood Ovarian Cancer Aulo!X>rnl Domin;mt 113705
BR.CA.l Horeditlll)' B.,..,.-t >Od Ovsri.n Cancer Aulosorual Dofi,in:11>l 600185
CACNA!S Malignaot hyperthent~ia ~usonilial hyperd,ol•st..>olornia Autosomal Dominant 606945
LMNA Hyp~rtrophic cardiomyopathy; DilatOrual Domirl"'lt 160781
MYL3 .HyP"rirophic cardiomyopathy; Dilated cardiomyopathy A"lo=<>mal Domin3Jll 160790
MYLK Mar(an 3yn~rom•: L<><>ys-Di~lz Syndromes: TAAD AutoOOrDal Domirlarot 60092.2
MYH7 llyp~rtrophic ~ardiomyopathy; Dilated cardio>!lyopathy Allto.omal Dominant 160760

••
MYHll ~or{.., Syndrom~: l.oey•-Dietz Syndromes; TAAD Aut-os-or·n:ll Oomir't.ml 160745
NF2 Ne\rro!ibromstosis type 2 A\OIO~'Ornal Dominant 607379
PCSK9 Frunilial hyper"tho!eel~tol~::mia. Autosomal Dominant 6()1186
PKP2 Arrltythmogeni~ right ventricul:!r cardioroyopall1y Aulo.oom~l Dominant 602861

••
PMSZ L.vnoh Syndrome AutoSOln'3.\ Dunllr)~P'It 600259
PRKAGZ Hypertrophic Ollldiomyop•thy; Oil•!od cardiomyopathy Autosorual Do>!>itlant 602743
PTEN PTEN Hamartoma Tumor Syndrom• Autosomal Dominant 60171.3
RBI · Rotinoblaotom a Autosomal Dominant 614041

••
Multiple Endoorino Nility Autosomal Dominant IS0901
RYR1. Catc~holaminergj~ polymorphic ventrioulor (4chyoardia Autosomal Domin:mt IK090l

••
SCNSA Lon!!: QT syndrome: Brugada ~yndroroe Autosomol Dominant 600163
SDHAF2 H.cod~t.ry P"'•ganglioma-l'heochrotilocytoros Syndrorue Autooomal Oominanl 613019
SDHB Hereditary Pot':lg:,ozliomi>"Phooc;;hromooytoma Sydnrome Autosomal Don1inanl 185470
SDHC fioreditarv PSI'a~ar,g:lioma-Phocchroroooyloma Sydnromc Autosomal Domin:illt 60241~

•• SD!ll)
SMAD3
STIyopathy Autosomal Dominant 191044

••
TNNT2 Hyp•rtrophio cardiomyopathy; Dilated co;diort>yopatJ,y A~>towmalbominanl 191045
TP53 Li-Fra11m~ni Syndrome Autosomal Domi11a .•• ' •·, •. •· ·•·.·.. ~'· ·• "•"

VITAMIN "D" DEFICIENCY
.•.• .. • ·. ; ~-. ~-·:..•
recognized Centers of Excellence in dozens of pediatric subspecialties, including allergy, cardiology, cystic fibrosis,
gastroenterology, nephrology, neurology, neurosurgery, oncology, pulmonary, and transplant. Hopkins Children's Center is
celebrating its 100th anniversary in 2012. For more information, please visit www.hopkinschildrens.org

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•:2 1/3112013 11:18 A;
•• _mm u More Common m uvJrweight Kids http:/1children.webm About the AAP > AAP Press Room > Kids and Vitamin D Deficiency Advanced Searc
p

•• AAP Facts

Departments &
aaa print email share AAP MEDIA CONTACTS
AAP Department of Communications
Phone: 847-434-7877

••
Divisions Email: commun@aap.org

Committees,
Councils & Sections Kids and Vitamin D Deficiency
· AAP Department of Federal Affairs

••
Chapters & Disbicts
10118/2012 Phone: 202-347-8600
AAP Press Room Email: kids1st@aap.org
Press Room Archive For Release: October 17, 2012
Related lnfonnation

••
News Features
Rosemont, IL, October 17, 2012 -A startling increase in the frequency of severe vitamin D Vitamin D Supplementation
Health & Safety Tops deficiency is being reported in the U.S. and other counbies. This severe deficiency can for Infants
Public Service have a devastating impact on a child's bone strength, the United States Bone and Joint The American Academy of Pediatrics
(AAP) recommends Vitamin D

••
Announcements Initiative (USBJI) says. "Vitamin D is essential to our body's ability to absorb calcium from
supplementation for breastfed infants
AAP in the News our diet to buUd strong bones which are the building blocks of a healthy body, and to make because they generally do not obtain
muscles move," says Dr. Ellen Raney of Shriners Hospitals for Children in Portiand, adequate Vitamin D from other sources.
AAP Press Room Oregon. Several groups have joined USBJI to raise awareness of the importance of strong
Media Center Media Kits

••
bones and muscles during World Pediabic Bone and Joint (PB&J) Day, celebrated on
AAP Conferences The American Academy of Pediatrics
October 19, which is part of Bone and Joint Health National Awareness Week (Oct. 12-20) .
Press Information (AAP) assembles practice guidelines, key
studies and other information to assist
Media Kits Dr. Raney explains, "Vitamin D deficiency or nubitional rickets can show up in several reporters who are researching stones .

••
Spokesperson ways. If the problem starts early, kids' growth may be severely stunted. The anns or legs
may not grow straight, or bones may be weak and easily broken." Media Kit: Nutrition
Resources
The American Academy of Pedaitrics
Leadership Bios (AAP) has assembled key reports,
Jesus• is a 14-year-old boy with a dark complexion who began to complain of knee pain studies and other resources to assist
Embargoed Media when he ran. Always a bit •knock-kneed," this became more pronounced, and he stopped reporters in their research on nubition.

•••
Content playing basketball because of knee pain. His examination and X-rays showed severely
abnonnal bending at both knees. A blood test showed severe vitamin D deficiency. AAP Recognizes the
Donate Now Importance of School
Jack• is a 15-year-old boy with very pale skin who has always preferred video games to Physicians
Corporate Every school disbict should have a
sports and doesn't get outside much. He was able to participate in physical education in school physician and every school
Relationships
school until recently, when he began having pain in both knees. His examination and x-rays

••
building a school nurse, according to a
Employment at AAP showed he had fractures in both shin bones. His vitamin D level also was severely new policy statement from the American
deficient. Academy of Pediabics (AAP).
Advertise with AAP
,. .. Strength Based Approach
Neither of these teenagers was born with this problem. Jesus' vitamin D deficiency A3..
••
Help!Feedback Building on the asset model, the strength
prevented his bones from growing straight. Jack's severe vitamin deficiency led to his
bones being too weak to support his weight.
l'l'/f-:;."
.... _ .;::_ •
based approach gives a broad
perspective on development more so
than the traditional deficit approach .
During sunny times, the body can make sufficient vitamin D with just a few minutes a day

•• of midday sun exposure without sun screen. However, dermatologists caution against
direct sun exposure to avoid risks of skin damage and skin cancer. A useful alternative to
sun exposure is supplemental vitamin D. There is some controversy about the amount of
vitamin D that children and adults should take in, ranging from 400 IU to 2,000 IU daily. The

•• American Academy of Pediatrics and the Institute of Medicine recommend a daily intake of
400 IU per day of vitamin D during the first year of life beginning in the first few days, and
600 I U for everyone over age 1. Everyone- and in the case of children, their parents-
should consult their primary care professional to determine the correct amount of vitamin D

•• they should be taking to ensure optimal vitamin D levels .

Both of these youngsters are doing well now thanks to a team approach including
orthopaedic and pediabic specialists, and each has been placed on a vitamin D

•- replacement program specific to his needs .

For more information about Vitamin D levels recommended for children, visit the website
for the American Academy of Pediabics, the Institute of Medicine, or Your Orthopaedic

•• Connection .

This story is brought to you as part of World Pediabic Bone and Joint (PB&J) Day ,
celebrated on October 19, which is part of Bone and Joint Health National Awareness

•• Week (Oct 12-20).

###

•
j2 1131/2013 11:11 A1
'-·.u V lli:Ulllll U Ut;ll\;U:;U\;J J.J.LLj-'.1/ YY YY YYeUU}'•VJ.5'"'.LL·u~IUVV-&. ....._._ .... --t"....,_t' 1"... ..,..._,.._. • ...,...,......... t"-0 -._.,_...._ .. _ -•

••-·
-·••••
The American Academy of Pediatrics is an organization of 60,000 primary care
pediatricians, pediatric medical subspecialists and pediatric surgical specialists dedicated
to !he health. safety and well-being of infants, children, adolescents and young adults. For
more information. visit www.aap.org .

• •• Professional Resources Continuing Medical Education Advocacy & Policy AAPStore About the AAP

••
Practice Support Pedialink/Online Education AAPPolicy GototheAAP AAP Facts
Clinical Support Maintenance of Certification Federal Advocacy Bookstore Departments &
AAPPolicy Continuing Medical Education State Advocacy Clinical Divisions
Publications Publications Committees,

••
Research Community Advocacy
Education in Quality Improvement for l..ife Support Councils & Sections
Journals.& Publications
·. J>evl-startclickprintexclude->
By Denise Mann

A whopping 70 percent of American kids aren't getting enough vitamin D, and such youngsters tend to have higher blood pressure and lower levels of good cholesterol than their peers,

•• according to two new studies published this week in the journal Pediatrics. Low vitamin D levels also may increase a child's risk of developing heart disease later in life, experts say.

"We were astounded at how common it was," says study author Dr. Michal Melamed, an assistant professor of medicine, epidemiology, and population health at the Albert Einstein College
of Medicine, in the Bronx, New York. .. There is a lot of data that suggests adults with low vita min-D levels are at risk for diabetes, high blood pressure, cardiovascular disease, and a lot of
cancers, and if kids start out with low levels and never increase them,.they may be putting themselves at risk for developing all of these diseases at a much eartier age."

•• Vitamin Dis often called the "sunshine vitamin" because the human body makes it only when exposed to sunlight- although it only takes 10 to 15 minutes a day to make an adequate
amount. Vitamin D, which helps the bones better absorb calcium, is also added to multivitamins and milk .

In Melamed's study, the researchers looked at the vitamin D levels of more than 6,000 people ages 1 to 21. They checked for vitamin-D deficiency, which is defined as less than 15

••
nanograms per milliliter of blood (ng/mL), and vitamin-D insufficiency, Which is defined as 15 to 29 ng/mL Overall, 7.6 million, or 9 percent, of U.S. children were vltamin-D deficient, and
another 50.8 million, or 61 percent, had insufficient levels of this important vitamin in their blood.

Children with low levels of vitamin D were more likely to have high blood pressure and lower levels of high-density lipoprotein, also known as good cholesterol .. two factors that are
considered major risk factors for heart disease later in life. Health.com: How cholesterol affects your heart's health

•• Children with low vitamin-D levels also had higher levels of parathyroid hormone than their counterparts with adequate vitamin D in their blood. Parathyroid hormone is a measure of bone
heatth. When levels are high, it suggests that bones need more calcium to grow. ~~;1 \1\B.tch more on kids in the U.S. and low levels of vitamin 0 »

Overall, those most at risk for a vitamin-D deficiency were older, female, obese, drank milk less than once a week, and spent more than four hours a day watching TV, playing video games,

••
or working on a computer. They were also more likely to be children with darker skin, Including non-Hispanic blacks and Mexican-Americans. (Children with darker skin are more likely to be
deficient in vitamin D because they have more melanin than their fairer counterparts. Melanin is the pigment that gives skin color, but it may prevent the skin from absorbing enough
sunlight to produce an adequate amount of vitamin D.) Health.com: Battle aging with vitamin D

In the second study, a research team led by Jared P. Rels, Ph.D., of Johns Hopkins Medical Institutions, looked at 3,577 adolescents ages 12 to 19. Those with low levels of vitamin D were

••
more likely to have high blood pressure, high levels of blood sugar, and metabolic syndrome (a cluster of factors known to increase risk of heart disease) than their counterparts with ample
vitamin D in their blood, regardless of how much they weighed.

Exactly how a lack of vitamin D Increases the risk of heart disease is an evolving story. In terms of blood pressure, vitamin D helps control renin, a protein that plays a role in regulating
blood-pressure levels. Health. com: Why belly fat increases type 2 diabetes risk

•• The best vitamin·D boosting strategy Involves a three-pronged approach, says Melamed. "You can get a little bit from food, but not as much as you need," she says. "Supplements are
readily available, and kids like to take Flintstones or gummy-bear multivitamins, which typically contain vitamin D.""

Also, parents should help their children get at least 10 to 15 minutes of sun exposure daily without sunscreen. "Set your watch and then apply sunscreen after 15 minutes;• Melamed says.

••
Some children, including those In high-risk groups, may need to be screened to check for low vita min-D levels.

Dr. Michael F. Holick, Ph.D., a professor of medicine, physiology, and biophysics at Boston University School of Medicine, and the author of "The Vitamin D Solution" (to be released In April
2010), has been sounding an alarm about the dangers of low vitamln-D levels for years. Health.com: Easy food swaps cut cholesterol, not taste

••
"This is a recipe for serious diseases occurring in our children when they are in their 20s and 30s," he says. Holick was among the first to document the return of rickets-a disorder caused
by a lack of vitamin D and other minerals-which can lead to the softening and weakening of the bones. Health. com: How to get vitamin D safely

"[But] rickets is just the tip of the iceberg," Holick says. "VItamin-D deficiency has insidious, serious long-term health consequences for children that could remain with them throughout
their lives," he explains. "(Parents should know) their child is likely to be vitamin-D deficient if the child does not take a supplement of 400 IU vitamin D a day and receive some unprotected

••
sun. II is next to impossible to get enough vitamin D from diet, and the sun-phobic attitude has made the problem much worse."

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COPYRIGHT HEALTH MAGAZINE 2009

•• All AboutCholesterol • High Blood Pressure

•• Find this artide at:
http:/lwww.cnn.com/2009/HEALTH/08/03/vitamin.d.childrenlindex.html#cnnSTCText

•• El Check the box to include the list of links referenced in the article .

~ 2008 Cable News Network

••
• 1 1/31/20 13 11 :26 A
•• I

Ehlers-Danlos Syndrome I Doctor I Patient.co.uk Page 1 ot)

••
•• Ehlers-Danlos Syndrome
•• PatientPius articles are written by UK doctors and are based on research evidence, UK and European Guidelines .

••
They are designed for health professionals to use, so you may find the language more technical than the condition
leaflets .

•• Ehlers-Danlos syndrome (EDS) is a rare inherited condition with disruption of the integrity of structural proteins in
skin, ligaments, cartilage and blood vessels, leading to fragility of connective tissues .

•• ·Epidemiology
• Ehlers-Danlos syndrome (EDS) affects approximately 1 in 5,000 live births. 111

•• • Inheritance is usually autosomal dominant.

•• Presentation
Abnormalities of collagen production result in:

•• •
•
Bruising, bleeding from the gastrointestinal tract.
Dissecting aortic aneurysm at an early age .

••
• Wide scars .
• Laxity of joints.
• Herniae .
• Hyperelasticity of skin .

•• The first presentation may be premature rupture of the membranes .

••
••
••
••
••
••
••
••
•• Types of Ehlers-Danlos syndrome

• http://www. patient.co. ukldoctor/ehlers-danlos-syndrome-pro 1/20/2014
,. I

Ehlers-Danlos Syndrorhe I Doctor I Patient.co.uk

••
Page 2 ot5

•••• There are many types of Ehlers-Danlos syndrome (EDS) based on different gene
mutations affecting the structure or assembly of different collagens. All share
common features of fragile skin and laxity of joints and ligaments. The Villefranche
Save time & improve your
on Patient.co.uk

•• classification of EDS substituted descriptions for earlier types numbered with
Roman numerals:l2l Add notes to any
clinical page and
create a reflectivE

•• • Classic (formerly known as Type I and II):
• Classical features of EDS (soft, doughy, hyperelastic skin) with atrophic
scars .

••
• Multiple bruises, especially on the legs .
• Easy skin-splitting shows in childhood over the forehead, elbows, knees and
chin .

••
• Other features are epicanthic folds, blue sclerae, fibrous nodules over knees
and ankles. Automatically track and log eve,
page you have viewed

••
• Hypermobile type (tormaily known as Type Iii):
• Most common and often not diagnosed. Print and export a-" _. .-.~,M-
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•-·. Ricketts or Vitamin D deficeincy can there be a Genetic Link - JustAn.swer Page 1 of2

,.••,.
,

answer.® Medical
•••
-·• Ricketts or Vitamin D deficeincy can there be a Genetic link
Sent to Medical Experts September 8 2009 at 10:14 PM

•• Ricketts or Vitamin D deficeincy can there be a Genetic Link ?

•• ·~ 0ptionallnformation:··
Gender: male

••
Age: 5mos

Already Tried:

•• Another sibling( currently lOy/o) has had this deficiency & he suffered broken bones@ the
age of 2mos.Later he developed lesions to his eyes & that time this child was about 5 y/o so
then was diagnosed with Vitamin A deficieny. Later as the child grew he also became Deficient

•• in Vitamin E, & K. This 10y/o child currently sees an Endocrinologist for treatment. This 10 y/o
has seen a GI doctor, whom says there is nothing wrong, so the only MD willing to treat the
10 y/o sibling for the Vitamin Deficiencies is the Endocrinologist. I am concerned because the

•• Smonth old is half brother to the 10 y/o & I had seen a few familiar sypmtoms that were also
present on the iDyjo .
Sept99 (Onlin.s} -- 1 Accept I LQuesticn. .... -

•• Status: Awaitin9 Expert Reply Va!ue: $45

•• Septernber 8 2009 at 10:24 PM (10 minutes and 24 seconds iater)

•• Thanks for your important and interesting question. I would say that as we know that in
rickets there is weakening of bones and muscles due to !ack of vitamin D and/or calcium. Yes
there is linkage in a rare type of rickets. There is a type in rickets caHed familiai

•• hypophosphatemic rickets which is a rare disease to have and mostiy transmitted as an X-
!inked dominant trait, and mutations on the phosphate regulating gene X-chromosome (PHEX)
gene are responsible for the disease. Similarly, two hereditary defects related to vitamin D

•• metabonsrn map tc human chromosome 12q13-14. There ~sa need for more stud~es to be
done and trials are going orL

•• Do .A.CCEPT the answer if you find it ·usefui in this way I rnight get cornpensated for rny vvorK
and time here. Bonuses and positive feedback vv-Hi be appreciated .

•• Best of !uck and keeo in touch
Regards
DL ,Arr1lr Javed

•• Edited by Qr_ Amir on September 8 2009 at 10:42 ~f"'l
Dr. Amir (Offline) -· Doctor -- 100°/0 Positive Feedback on 1297 Medical ·-·.....
;; CU$i0MfR'cS

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•• Ricketts or Vitamin D deficeincy can there be a Genetic Link - JustAnswer Page 2 of2

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Your Reply Edit
September 8 2009 at 10:58 PM (33 minutes and 33 seconds later)

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where do we get testing?
Sept99 (Online) -- 1 Accept I 1 Question

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••
•• IN THE COURT OF APPEALS FIFTH

·-•• . .·....... _, .. - .

DISTRICT OF TEXAS AT DALLAS
~~. ,,__. - .. .- -.. _..

•• RIGOBERTO GUERRERO, JR.,
•• APPELLANT
••
•• v.
•• THE STATE OF TEXAS, APPELLEE
••
•• NO. 05-11-01298-CR

••
••
••
••
••
••
••
••••
•••• AFFIRM; Opinion issued October 31, 2012 .

••
••
•• In The
O!ourt of .Appeals
•• 111ift}f ilistrict of Wcxus at ilnllus

•• No. 05-11-01298-CR

•• RIGOBERTO GUERRERO, JR., Appellant

v.
•• THE STATE OF TEXAS, Appellee

•• On Appeal from the 15th Judicial District Court

•• Grayson County, Texas
Trial Court Cause No. 059446

•• OPINION

•• Before Justices Moseley, Fillmore, and Myers
Opinion By Justice Fillmore

•• A jury convicted Rigoberto Guerrero, Jr. of injury to a child and assessed punishment of fifty

•• years' imprisonment and a $10,000 fine. In one issue, Guerrero asserts the evidence is insufficient

to support the conviction. We affirm the trial court's judgment.

•• Background

•• In August 2009, Guerrero, his girlfriend, Lydia Spurgeon, and the couple's two children, two-

•• year-old J.G. and five-month-old M.G., were living with Lydia's parents, James and Cheryl

Spurgeon. During the week, Cheryl was the primary caregiver for J.G., while Guerrero was the

•• primary caregiver for M.G. Guerrero did not like either Cheryl or James and kept M.G. in the

•• bedroom for most of the day .

•
••••
••
•• On Monday, Au1:,rust 24,2009, M.G. was seen by Dr. Jill Breeze for a well-baby examination

and received several vaccinations. Breeze described M.G. as "happy and healthy'' during the visit.

•• She noted no bruising or other injuries to M.G. According to Lydia, after receiving the vaccinations,

•• M.G. was ''fussy.''

•• On Tuesday, August 25th, James got off work from his full time job with the City of

Sherman at approximately 4:00p.m. and immediately went to his eveningjob. Lydia's grandmother

•• picked up Cheryl at approximately 8:30p.m. Lydia dressed J.G. and M.G. in new pajamas for her

•• grandmother's visit and did not notice anything wrong with M.G. when she changed him. According

•• to Lydia, M.G. was moving his left ann on Tuesday evening .

Lydia was expecting her sister and brother-in-law, Lisa and Jeremy Bullock, for ditmer on

•• Tuesday. Lydia testified that Guerrero went to a friend's house because he did not want to see Lisa

•• and Jeremy. Because Lydia was having di fticulty preparing dinner while watching the two children,

•• she requested Guerrero come home and assist her in getting M.G. to bed. Guerrero came home at

••
approximately 9:45p.m. and put M.G. to bed. Guerrero then returned to his friend's house. After

James finished work at approximately 10:00 p.m., he picked Cheryl up and the two arrived home at

•• approximately 10:20 p.m. James immediately went to bed. Guerrero returned at approximately

•• 10:30 p.m. and ate dinner in the dining room. Lisa and Jeremy arrived at approximately ll :00 p.m.,

•• and J.G. was put to bed with James shortly after their arrival. Soon after Lisa and Jeremy arrived,

Guerrero went into the bedroom that he and Lydia shared with M.G .

•• Some time later, Lisa, Lydia, Jeremy, and Cheryl heard a "real major," piercing cry from

•• M.G. According to Lydia, it was a different cry from the fussiness that M.G. had exhibited since

•• getting his vaccinations. Lydia went to check on M.G. and saw Guerrero holding him. Guerrero said

he was calming M.G. down and had everything under control. Lydia returned to the living room .

••
•• -2~

•
, .••
~•

\.,.';. Lisa and Jeremy left at approximately 12:15 a.m. without seeing M.G. Cheryl then went into the

.••).
\
bedroom with James and J.G., and Lydia went into the bedroom with Guerrero and M.G.

On Wednesday, M.G. woke up around 6:30 a.m., and Lydia prepared a bottle for him.

,.\. Guerrero indicated he would feed M.G. and Lydia could go back to sleep. Lydia found this unusual

because Guerrero generally did not volunteer to care for M.G. that early in the morning. After being

,.:.• fed, M.G. went back to sleep. James woke up at approximately 6:45a.m., but went back to sleep

on the living room couch. Lydia and Guerrero left at 9:45 a.m. for a meeting at J.G.'s new

,.,.• preschool. Cheryl and J.G. got out of bed at approximately l 0:15 a.m. M.G. woke up at about the

same time, and James got him from his crib. M.G. was crying constantly. Although James changed

M.G.'s diaper and attempted to feed M.G., he continued to cry. James thought M.G. was having a

•• •• reaction to the vaccinations. He called Lydia and asked her to buy some Children's Tylenol and

indicated he thought M.G: needed to see a doctor. Cheryl then changed M.G.'s clothes in

••• preparation for the visit to the doctor's office. M.G. cried constantly while Cheryl changed his

•• clothes .

•• When Guerrero and Lydia put M.G. into the car for the trip to Breeze's office, they noticed

•• he was not using his left hand. Breeze ordered an x-ray of M.G.'s arm. The x-ray showed M.G. had

a broken humerus in his left arm and two broken ribs. ln Breeze's opinion, the broken humerus

•• occurred within twelve hours of M.G. arriving at her office. According to Breeze, it takes a

•• significant force to break the humerus. The break, along with the rib fractures, caused her to suspect

•• abuse as the cause ofthe injuries. Breeze instructed Guerrero and Lydia to take M.G. to Children's

Medial Center.

•• Dr. Suzanne Dakil testified that, in August 2009, she was a pediatrician working in the

•• Referral and Evaluation of At Risk Children program at Children's and evaluated M.G. at the

~
•• ...,
-.)-

••
·,·•
••• hospital. According to Dakil, the break of M.G.'s humerus had occurred within a "day or two''
••••
·,·•• because there was no healing shown on the x-ray. The x-ray also showed healing fractures of the

right lateral second through sixth ribs and of the left lateral second through fourth and sixth and

'•••;. seventh ribs. These healing tractures were probably ten to fourteen days old. On September 9, 2009,

additional x-rays were taken of M.G. These x-rays showed two additional healing fractures of the

••• left eighth and ninth ribs. According to Dakil, these fractures were likely very new when M.G. was

•• admitted into the hospital on August 26th and could not be seen until they had begun to heal. The

•• two new fractures could have occurred at the same time as the broken arm. Dakil testified there were

twelve total rib fractures that occurred at two ditTerent times .

•• Dakil testified a baby handles pain better than an adult. However, an infant will not tolerate

•• the movement of a fracture. Dakil assumes the baby feels acute pain at the time the fracture occurs .

•• However, if the baby is placed in a position where he is not moving, the baby will be tine until the

fracture is moved again. If an adult is holding the baby or changing a diaper or clothes, the pain will

•• be exquisite and the "child will let you know." However, if the adult lays the baby down, the baby

•• will be fine .

•• Dakil testified a broken humerus is a very rare injury and, in children under nine months of

age, is almost always caused by abuse. Either a direct perpendicular blow to the arm or a direct

•• bending of the arm is necessary to cause a transverse fracture of this long bone. Generally, the rib

•• fractures are caused by compression, such as squeezing the ribs or pushing the ribs against a hard

•• surface. The ribs are not easy to break and a "good force" is necessary to cause the fractures. Dakil

would not expect to see a broken humerus or broken ribs from a baby being dropped onto the floor .

•• In Dakil 's opinion, M.G.'s injuries were not accidental. Further, a two-year-old child could not have

•• inflicted the injuries. Lydia, James, Cheryl, Lisa, and Jeremy all denied hurting M.G .

•
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•• -4-

•
·•.
\

••
••
••,.
Analysis

[none issue, Guerrero <lsserts the evidence is insufficient to establish when M.G. was hurt

-1·
••
or that Guerrero caused the injuries. Guerrero specifically relies on evidence M.G. had been "fussy"

•·•
for several days and that many people had access to M.G. on a regular basis, including Cheryl and

James. Guerrero points out that Cheryl and James were caring for the child on Wednesday morning

~•
-·•• when the injury was discovered and "it is just as plausible that their access caused this injury."

We review the sufficiency of the evidence under the standard set out in Jackson v. Virginia,

••
443 U.S. 307 (1979). Adames v. State, 353 S.W.3d 854,859 (Tex. Crim. App. 2011), cert. denied,

132 S. Ct. 1763 (20 12). We examine all the evidence in the light most favorable to the verdict and

•• determine whether any rational trier of tact could have found the essential elements of the offense

•• beyond a reasonable doubt. Jack<ion, 443 U.S. at 319; Adames, 353 S.W.3d at 860. This standard

••
recognizes "the rcsponsibi lity of the trier of fact fairly to resolve conflicts in the testimony, to weigh

the evidence, and to draw reasonable inferences from basic facts to ultimate facts." Jackson, 443

•• U.S. at 319; see also Adames, 353 S.W.3d at 860. The jury, as the fact finder, is entitled to judge

•• the credibility of the witnesses, and can choose to believe all, some, or none of the testimony

•• presented by the parties. Chambers v. State, 805 S.W.2d 459, 46 L (Tex. Crim. App. 1991). We

defer to the jury's determinations of credibility, and may not substitute our judgment for that ofthe

•• fact finder. Brooks v. State, 323 S.W.3d 893, 899 (Tex. Crim. App. 2010) (plurality op.); King v .

•• State, 29 S. W .3d 556, 562 (Tex. Crim. App. 2000) (in conducting legal sufficiency analysis,

•• appellate court "may not re-weigh the evidence and substitute our judgment for that of the jury").

"Circumstantial evidence is as probative as direct evidence in establishing the guilt of an actor, and

•• circumstantial evidence alone can be sufficient to establish guilt." Hooper v. State, 214 S.W.3d 9,

•• 13 (Tex. Crim. App. 2007) .

••
•• -5-

•
••
••
•• There was no dire(;t evidence of when and how M.G. was injured. However, M.G. was not

injured when Breeze examined him on Monday, August 24th. When Lydia changed M.G.'s clothes

•• on Tuesday evening, she did not notice anything wrong with M.G. Further, according to Lydia, M.G .

•• was using his left arm on Tuesday evening before he was put to bed. Lydia, Lisa, Jeremy, and Cheryl

•• all testified they heard M.G. give a sharp cry between ll :00 p.m. and 12:00 a.m. on Tuesday evening

••
when Guerrero was alone with M.G. On Wednesday morning, M.G. began crying inconsolably
·-- - .. "-~ . ' ._,. .. ~---" .. -- . ...... ' . ·.::. ----- -·--. ,.___ . ·- ',_ -- --"----

when he woke up. Although James and Cheryl were caring for M.G. on Wednesday morning,

•• neither was alone with him for a significant period of time. Further, both James and Cheryl denied

•• they hurt M.G. on Wednesday morning. When Breeze saw M.G. on Wednesday afternoon, she

••
determined he had a broken left arm. In Breeze's opinion, the break occurred within twelve hours

of her examination of M.G. Dakil testified the break of M.G.'s arm occurred within a day or two

•• of her examination of M.G. Further, M.G.'s ribs had been broken on two occasions. According to

•• Dakil, a significant amount of force was necessary to cause both the broken humerus and the broken

••
ribs .

The jury heard all the testimony. It was the role of the jury ''to resolve cont1icts in the

•• testimony, to weigh the evidence, and to draw reasonable inferences from basic facts to ultimate

•• facts." Jackson, 443 U.S. at 319; see also Adames, 353 S.W.3d at 860. Reviewing all the evidence

•• in the light most favorable to the jury's verdict, we conclude a rational jury could have found beyond

a reasonable doubt that M.G. was injured on Tuesday night and that Guerrero caused the injuries .

•• See Jackson, 443 U.S. at 319; Adames, 353 S.W.3d at 860. We resolve Guerrero's sole issue against

•• him .

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•• -6-

•

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4057192. Public record. Not legal advice.
