The criminal case against a Long Island nurse who appeared to slam a newborn baby's face down in an intensive care unit bassinet is expected to be dropped on Monday.
Amanda Burke was charged last year with endangering the welfare of a child at Good Samaritan Hospital in West Islip.
Burke was working in the NICU in Feb. 2023 when video taken by the baby's father through the nursery window captured the alleged acts. The child's parents showed the hospital and confronted the nurse, and spoke with NBC New York.
"I told her 'I don’t want you to touch my child you just slammed him,'" said Consuelo Saravia, the mother, "And she told me 'Oh no, if you think I mishandled him or anything, I’m sorry.'"
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Burke was fired, but an investigation by state officials found her actions did “not constitute professional misconduct,” saying that the conduct involved “alleged simple negligence,” not “gross negligence.”
Initially after the conclusion of that investigation, the Suffolk County District Attorney's Office said they planned to continue to prosecute the case -- until now.
On Monday, as the trial against Burke is scheduled to begin, NBC New York has learned the charges will be dismissed.
"I can confirm that I’ve been informed by the District Attorney’s office that if I make a motion to dismiss the charges on Monday, they will be dismissed by the DA," Burke's attorney, Robert Gottlieb, told NBC New York.
A spokesperson for the DA's office essentially confirmed they would accept the motion based on the state's findings.
It's unclear if Burke is currently employed, but state officials determined that she could keep her nursing license.
The baby's parents did not comment on the latest developments.
