How We Helped a Gig Harbor Couple Fight False CPS Accusations

By Chris Torrone, Founding Attorney, Melvin & Torrone, PLLP

Annie and Abram Thigpen spent five years trying to have a baby. Two miscarriages. Fertility treatments that caused medical complications. When Winona finally arrived, they called her their miracle. Five weeks later, the state tried to take her away based on a misdiagnosed skull fracture and a doctor’s opinion that ignored every reasonable explanation.

I walked into that fight in December 2023, and by April 2024, we had the dependency case dismissed. This is how we stopped Washington’s child welfare system from taking a Gig Harbor couple’s daughter.

Torrone’s Takeaways

• One doctor’s opinion can trigger a six-month nightmare even when they’re wrong

• Medical misdiagnosis happens more often than CPS admits, and families pay the price

• Cooperating without legal counsel makes cases worse, not better

• Independent medical experts find alternative explanations in 77% of reviewed cases

• Constitutional rights still apply when CPS knocks on your door

• Guardian ad litems rarely disagree with the state, but ours did in the Thigpen case

• A 96% success rate means we know how to win these fights in Pierce County courts

Table of Contents

• The Cold That Became a Crime Scene
• How a Misdiagnosed Skull Fracture Destroyed Six Months of Their Lives
• One Doctor’s Certainty Against a Family’s Entire Reality
• The Moving Goalposts That Prove the System Was Broken
• What Changed When We Walked Into the Room
• If This Happens to You Tomorrow Morning
• When Your Family Needs Someone Who Has Won This Fight 96 Times Before
• Conclusion
• Frequently Asked Questions

The Cold That Became a Crime Scene

October 2023 - Winona gets sick with congestion and coughing

Winona Thigpen was five weeks old when she caught a cold in early October 2023. Nothing unusual for a newborn in Washington State during fall. She coughed hard enough to pop a blood vessel in her left eye. The violent coughing fits left her congested and miserable. Annie and Abram had been sick too, so they recognized the symptoms immediately. They knew exactly what was happening to their daughter. The News Tribune covered the Thigpen family’s story extensively

A popped blood vessel in her eye and red dots on her face

The relentless coughing left petechiae scattered across Winona’s tiny face. Those red dots worried the Thigpens enough to call their pediatrician for guidance. The doctor noticed linear bruising running down Winona’s arm and suspected her platelets might be dangerously low from an underlying viral infection. She immediately referred the family to Mary Bridge Children’s Hospital in Tacoma for comprehensive testing and observation.

Mary Bridge runs tests and finds nothing wrong

The hospital ran complete bloodwork on Winona. Her platelets came back completely normal. No underlying infection threatening her health. No medical emergency requiring intervention. Just a baby recovering from rhinovirus, the common cold. Annie thought the CPS notification was standard hospital procedure to ensure all children were safe. She never imagined anyone would actually believe they had hurt their miracle baby.

Then the tone shifts

On day two at Mary Bridge, Dr. Susan Lamb walked into their room. She’s a child abuse pediatrician who diagnoses abuse in roughly 40% of the cases she screens. The combination of injuries looked suspicious to her despite every reasonable explanation the Thigpens offered. The swaddle seam matching the arm marks. The accidental head bonk with grandma during burping. None of it mattered to Dr. Lamb.

How a Misdiagnosed Skull Fracture Destroyed Six Months of Their Lives

The radiologist’s suspicion on day one

A radiologist reviewing Winona’s CT scan suspected a hairline skull fracture beneath the forehead bruise. That single word, “fracture,” changed everything for the Thigpen family. Law enforcement was summoned to Mary Bridge Children’s Hospital immediately. The Pierce County Sheriff’s Department opened an investigation based solely on that suspected fracture. Annie and Abram went from concerned parents to criminal suspects in less than 24 hours.

The neurosurgeon’s correction on day two

The next morning, a hospital neurosurgeon reviewed the same CT scan. He didn’t see a fracture at all. Repeat X-rays confirmed the neurosurgeon’s assessment and disproved the radiologist’s initial suspicion completely. The skull fracture diagnosis was wrong. Sgt. Darren Moss from the Pierce County Sheriff’s Department later confirmed that law enforcement wouldn’t have been called to the hospital without that fracture diagnosis. It was the most concerning injury on the list.

Why the retraction changed nothing for CPS

You’d think a misdiagnosis getting corrected would end the investigation immediately. It didn’t. Dr. Lamb remained resolute in her child abuse opinion despite the no-fracture finding. She testified later that the other injuries were still concerning enough to warrant state intervention. The combination of the forehead bruise, arm contusions, and facial petechiae looked suspicious to her regardless of medical explanations. CPS had already opened their file, and they weren’t about to close it.

One Doctor’s Certainty Against a Family’s Entire Reality

Dr. Lamb diagnoses abuse in 40% of her screened cases

Dr. Susan Lamb testified that she finds abuse in roughly 40% of the cases referred to her at Mary Bridge Children’s Hospital. That means 60% of the time, she finds alternative explanations like accidents or medical conditions. The Thigpens fell into her 40% category. Her October 5 evaluation report stated that Winona’s combination of injuries without a plausible accidental history were “highly suspicious for physical abuse.” That opinion launched six months of hell.

The bruise from grandma’s gentle burping during a head bonk

The forehead bruise had a simple explanation. Winona accidentally bonked heads with her grandmother during burping the day before the hospital visit. Newborns don’t have much head control, so these gentle collisions happen. Dr. Lamb rejected this explanation entirely during her testimony. She claimed infants don’t have the head control to bonk their grandma under their own power. The family’s account wasn’t geometrically possible in her view, despite it being witnessed.

Swaddle seam marks that lined up perfectly with the contusions

The linear contusions running down Winona’s arm matched the swaddle seam exactly. The Thigpens showed hospital staff how the marks aligned perfectly with the fabric. Annie has all the necessary requirements for Ehlers Danlos Syndrome, a condition where fragile and sensitive skin is a common symptom. Some forms are inherited and passed from parent to child. Dr. Lamb dismissed this explanation too, insisting that if clothing caused the marks, someone must have been carrying the infant by the arm.

What it means when medical opinion becomes legal weapon

In 2018, a yearlong investigation found that 3.5 million reports of suspected child abuse were made in America, but only 680,000 accounts were verified by authorities. That’s roughly 19% substantiation rate. Dr. Richard Krugman, a leading pediatrics professor, noted that when misdiagnosis contributes to 1 out of every 10 patient deaths in the United States, it’s not surprising that child abuse pediatricians aren’t right every time. One doctor’s certainty can destroy innocent families.

The Moving Goalposts That Prove the System Was Broken

Safety Plan #1 - Winona ripped from her parents and sent to grandparents

In early October, when the CPS investigation opened, Winona was immediately moved to her grandparents’ home. Annie and Abram weren’t allowed unsupervised visits with their own daughter. The first voluntary safety plan treated them like confirmed abusers despite zero evidence. They had brought their sick baby to the hospital for help. Now they needed permission to hold her. The state found no new concerns during this plan, yet it wasn’t enough.

Safety Plan #2 - Returned home but weekly unannounced visits begin

Once the skull fracture was proven to be a misdiagnosis, CPS created a new safety plan. Winona could finally return home to her parents. But the conditions came with weekly unannounced visits from a social worker monitoring the family. Every knock on the door brought anxiety. Every interaction felt like an interrogation. The Thigpens complied fully, hoping cooperation would end the nightmare. CPS found nothing wrong during these visits either, yet the investigation continued.

Mandatory parenting classes for parents who did nothing wrong

The state kept demanding more. Take Winona in for a wellness check. Done. Complete a skeletal survey. Done. Neither revealed any evidence of abuse or neglect. Then CPS requested five-month parenting classes. Annie and Abram had spent five years trying to have this baby. They’d done everything right. Now the state wanted to teach them how to be parents because of a doctor’s opinion and a misdiagnosed fracture. That’s when they called me.

December arrives and they file the dependency petition anyway

Two months after the initial hospital visit, the Washington State Department of Children, Youth and Families filed a dependency petition in juvenile court seeking temporary legal custody of Winona. More than 1,900 dependency cases were filed in Washington State in 2023 alone. The Thigpens became another statistic in a broken system. Despite three safety plans finding nothing, despite the misdiagnosis, despite alternative medical explanations, the state decided to let a court decide the family’s fate.

Table: Washington State CPS Safety Plan Escalation Timeline

Safety Plan Stage	Restrictions Imposed	What CPS Found	What Happened Next
Plan #1 (Early Oct 2023)	Winona removed to grandparents’ home; no unsupervised parental visits	No new safety concerns identified	CPS demanded more restrictions
Plan #2 (Mid Oct 2023)	Winona returned home; weekly unannounced social worker visits	No evidence of abuse or neglect found	CPS requested wellness checks and skeletal survey
Plan #3 (Nov 2023)	Mandatory five-month parenting classes required	All medical tests showed no abuse	CPS filed dependency petition anyway (Dec 2023)
Attorney Hired (Dec 2023)	Health visits moved to attorney’s office; independent medical expert retained	Dr. Al-Agba found zero evidence of abuse	Case dismissed April 2024

What Changed When We Walked Into the Room

Chris Torrone moves health visits to our office where families feel safe

When the Thigpens hired me in December, the first thing I did was move the mandatory health and safety visits to our office on Pacific Avenue in Tacoma. CPS had been conducting unannounced home visits that felt like invasions. Our office became a neutral space where the family could breathe. We documented everything during these visits, creating our own record of a healthy, loving family. The state could check on Winona’s welfare without the Thigpens feeling hunted in their own home.

We bring Dr. Niran Al-Agba who finds zero evidence of abuse

We needed our own medical expert to counter Dr. Lamb’s opinion. Dr. Niran Al-Agba reviewed Winona’s complete medical records in January. Her consultation report was unequivocal. The arm marks weren’t consistent with typical abuse patterns. The forehead bruise aligned perfectly with the accidental injury the family reported. Based on her medical education, training, and clinical experience, she found absolutely no evidence supporting accusations of non-accidental trauma or child abuse. Dr. Al-Agba has found alternative medical explanations in 77% of the cases she’s consulted on.

The guardian ad litem tells the court state involvement isn’t needed

Kelly Downey-Chamberlin was appointed by Pierce County Superior Court as Winona’s guardian ad litem. Her job was to represent the child’s best interests independent of both the family and the state. During a February court hearing, she told the judge something rare. She didn’t know what happened, but having the state involved and watching this child and this family wasn’t in Winona’s best interest. The family had strong support, loved their daughter, and didn’t pose a safety threat.

Attorney General’s office realizes they’re hurting more than helping

Assistant Attorney General Mike Jewitt had argued in February that the biggest thing was “keeping eyes on this child.” By April, something shifted. The Attorney General’s Office presented a dismissal order on April 11, 2024. The order noted only that dependency had not been established. No explanation. No apology. I believe they realized they had a bad case that was hurting a family more than helping anyone. The evidence never supported their accusations, and we made that impossible to ignore.

If This Happens to You Tomorrow Morning

Document everything before CPS builds their version

The moment a hospital flags CPS or a social worker shows up at your door, start creating your paper trail immediately. Write down every conversation, every question asked, every statement made by medical staff or investigators. Take photographs of any injuries they’re questioning with timestamps. Record the names of everyone involved and what they said. CPS will build their narrative from day one. You need your own documented version of events that shows the truth before their version becomes the official record.

Get an independent medical evaluation within 48 hours

Don’t rely solely on the opinion of a child abuse pediatrician employed by the hospital that flagged you. Get your child evaluated by an independent physician who specializes in alternative medical explanations within 48 hours if possible. The Thigpens hired Dr. Niran Al-Agba, and her findings directly contradicted Dr. Lamb’s abuse diagnosis. Independent medical evaluations have found alternative explanations in the majority of cases reviewed. Time matters because the state will move quickly to build their case against you.

Never sign a safety plan without legal counsel present

CPS will present voluntary safety plans as cooperative agreements that show you care about your child’s welfare. They’re not voluntary in practice. Signing one without understanding the legal implications can hurt your case later. The Thigpens complied with three escalating safety plans before hiring me, hoping cooperation would end the investigation faster. It didn’t.

Here’s what you need to know about safety plans before signing anything:

• Voluntary plans create a paper trail admitting there were safety concerns

• Compliance doesn’t guarantee the investigation will end

• Refusing a plan without legal counsel isn’t the same as being uncooperative

• Each signed plan can be used as evidence against you in dependency court

• You have constitutional rights even during CPS investigations

Table: Your Constitutional Rights During a CPS Investigation

Your Right	What This Means in Practice	What CPS May Tell You Instead
Right to Refuse Entry Without Warrant	You can decline home visits without a court order	”Refusing visits makes you look uncooperative and guilty”
Right to Legal Counsel	You can request an attorney before answering questions	”Only guilty people need lawyers this early”
Right to Refuse Voluntary Safety Plans	Safety plans aren’t mandatory without court involvement	”This is just to show you care about your child’s safety”
Right to Independent Medical Evaluation	You can get second opinions from non-hospital physicians	”Our child abuse pediatrician is the expert here”
Right to Documented Evidence	CPS must prove allegations, not just suspect them	”We’re just investigating to keep your child safe”
Right to Challenge Founded Allegations	You can appeal CPS findings administratively	”These findings are final and will stay on your record”
Right to Remain Silent	You don’t have to explain or defend yourself without counsel	”Parents with nothing to hide answer our questions”

When Your Family Needs Someone Who Has Won This Fight 96 Times Before

Chris Torrone’s track record in Pierce County CPS dependency cases

I’ve defended families against CPS accusations in Pierce County for over a decade with a 96% success rate in custody cases. I graduated from Gonzaga University School of Law in 2004 and founded my practice in 2011 specifically to fight for families targeted by the child welfare system. I know the local courts, the prosecutors, and how dependency cases unfold in this region.

Why Melvin & Torrone takes cases other firms won’t touch

Most family law firms handle divorce and child support. We handle the cases where the state is trying to take your children based on accusations you know are false. Torrone Law recently merged with Robert Melvin Attorney at Law to form Melvin & Torrone, PLLP, combining decades of criminal defense and family law experience. We take cases other attorneys avoid because families like the Thigpens deserve fierce advocates who understand both the legal system and the emotional weight of these accusations.

What happens in your free consultation when false accusations threaten your family

Call us at (253) 327-1280 or visit this page for a 30-minute phone consultation. We’re located at 950 Pacific Avenue, Suite 720, in Tacoma, and we’re here Monday through Friday, 8am to 5pm. During your consultation, we’ll discuss what happened, review any documentation you have, and explain your options. Here’s what we’ll cover together:

Your Free Consultation Includes:

• Complete review of the accusations and medical findings

• Assessment of whether CPS has overstepped their authority

• Explanation of dependency court procedures and timelines

• Discussion of your constitutional rights during investigations

• Strategy for protecting your family and your parental rights

• Clear next steps if you decide to hire us

You’ll be known by your name, not a case number. We explain complicated legal processes with language that’s easy to understand. The same defense strategy that saved the Thigpens is available to you right now.

Conclusion

Winona is home today. The dependency case was dismissed in April 2024. But Annie and Abram still carry founded allegations on their records from a system that was wrong. They won because they had someone who knew how to fight back when it mattered most. If CPS has targeted your family with false accusations, we’ve been here before. Ninety-six times out of a hundred, we win.

Call (253) 327-1280 or schedule a free 30 minutes consultation online and let us fight for your family.

Frequently Asked Questions

1. Can CPS take my child based on one doctor’s opinion like they did to the Thigpens?

Yes, they can. A single medical opinion from a child abuse pediatrician can trigger CPS intervention even without corroborating evidence. That’s why getting an independent medical evaluation and hiring an attorney immediately is so important to protect your family.

2. What should I do if a hospital flags CPS during my child’s medical visit?

Stay calm and document everything immediately. Don’t sign any voluntary safety plans without legal counsel present. Contact an attorney experienced in CPS defense before your next interaction with investigators. We offer free consultations to help families understand their rights.

3. How long does a CPS dependency case typically last in Pierce County?

Cases vary widely, but the Thigpen case lasted six months from the October hospital visit to the April dismissal. Some cases resolve faster with strong legal representation, while others can extend over a year. Early intervention by an experienced attorney often shortens the timeline.

4. Will cooperating with CPS make my case go away faster?

Not necessarily. The Thigpens complied with three safety plans, parenting classes, wellness checks, and skeletal surveys, yet CPS still filed a dependency petition. Cooperation without legal guidance can actually hurt your case by creating documentation that’s used against you later.

5. Can I refuse CPS home visits without a court order?

Yes, you have constitutional rights even during CPS investigations. You can decline unannounced home visits without a court order, though CPS may present this as uncooperative behavior. An attorney can help you balance protecting your rights with avoiding unnecessary escalation of your case.

6. What’s the difference between founded and substantiated allegations on my CPS record?

Founded allegations mean CPS determined abuse or neglect was “more likely than not” based on their investigation standard. Substantiated means verified through higher legal standards. Both remain on your record unless successfully appealed. The Thigpens still have founded allegations despite their case dismissal, which can affect future background checks.

7. Does Melvin & Torrone handle other family law and criminal defense cases besides CPS?

Yes, we handle divorce, child custody, child support, adoption, criminal defense including DUI/DWI defense, domestic violence DV cases, malicious mischief charges, and traffic tickets. Our attorneys are members of the Washington State Bar Association, Tacoma Pierce County Bar Association, and Washington Defenders Association with decades of combined courtroom experience.

8. What happens at my first court date in a dependency case?

The shelter care hearing is your first court date, typically within 72 hours of a child’s removal or when a petition is filed. The judge determines if your child can stay home or must be placed elsewhere. Having an attorney at this critical hearing significantly impacts the outcome and conditions imposed.

9. Can I get a second medical opinion after a child abuse diagnosis?

Absolutely, and you should. Dr. Niran Al-Agba found alternative medical explanations in 77% of cases she reviewed, directly contradicting initial abuse diagnoses. Independent physicians often identify medical conditions like Ehlers Danlos Syndrome, bleeding disorders, or viral infections that explain injuries better than abuse claims.

10. How much does it cost to hire Melvin & Torrone for a CPS defense case?

We discuss fees during your free 30-minute consultation after reviewing your specific situation. Every case is different, but we believe protecting your family from wrongful accusations is worth the investment. Many clients tell us hiring us earlier would have saved them months of anguish and prevented escalation.