What Causes Chemical Birth Defects?

Birth injuries are often a result of preventable medical negligence that occurs during labor or delivery. Birth defects, however, develop during pregnancy, and may not be evident until the child is born. Many times, a birth defect is just an unfortunate anomaly that could not have been prevented; it was genetic, or related to an issue that could not be diagnosed.

Sometimes, however, birth defects are caused by a mother’s exposure to toxic chemicals from prescription medications taken while pregnant, or environmental exposures at home or in the workplace. A father’s toxic exposure can also lead to birth defects.

What are birth defects?

The Centers for Disease Control and Prevention (CDC) defines birth defects as structural changes present at birth that can affect almost any part or parts of the body, how the body looks, works, or both. Birth defects can range from mild to severe, and they occur in about one in every 33 babies born in the U.S. each year, or about 120,000 babies each year.

Some birth defects are caused by genetic factors, but the cause of most birth defects is undetectable according to the Cleveland Clinic: “Medical science has identified the cause of about 30% of birth defects. That means about 70% remain without a straightforward cause. As many as 50% to 70% of birth defects are sporadic, and their cause remains unknown. A combination of environmental and genetic factors can increase the risk of certain birth defects.”

Toxic environmental chemicals can cause birth defects

The developing fetus is exposed to many of the same hazards the mother is exposed to while in utero. Americans are exposed to millions of chemicals at home and in the workplace. Some of these chemicals can pose a serious hazard to the developing fetus.

Employers are responsible for protecting their employees – both male and female – from toxic substances which might contain teratogens. Science Direct defines teratogens as any environmental factor that can produce a permanent abnormality in structure or function, restriction of growth, or death of the embryo or fetus.

In 2018, an Illinois appeals court accused Motorola of “willful and wanton misconduct” that caused several of its employees’ children to suffer birth defects in utero because their fathers were exposed to toxic teratogens at its semiconductor plants. (Courthouse News)

Plattner Verderame is vigorously pursuing dozens of cases against Motorola for birth defects suffered by the children of workers in their microchip factories, and we have already successfully resolved dozens of these cases. We are proud of the difference we have made in the lives of these children and their families.

Examples of toxic chemicals that could cause birth defects include:

• Lead
• Mercury
• Arsenic
• PCBs
• Chlorine
• Methyl Ethyl Ketone
• Cadmium
• Pesticides
• Chlorinated hydrocarbons

Prescription drugs and pregnancy

Many women take over-the-counter and prescription medications while they are pregnant. Most of these drugs are safe to use for pregnant women, but some are not. Because pregnant women cannot be included in drug trials, the limited information about the safety of prescription medications during pregnancy is often discovered after a drug has caused some injuries.

Some prescription medications are teratogenic, including:

• Antibiotics such as tetracyclines and ciprofloxacin
• Benzodiazepines
• Accutane
• Dolutegravir, an HIV antiretroviral medication
• Valproate anti-seizure medication
• ACE inhibitors
• Antimetabolite
• SSRIs (selective serotonin reuptake inhibitors)
• Zofran

What types of actions can parents file if their child is born with a birth defect due to toxic chemicals?

Our lawyers will investigate what defective chemicals caused your newborn to be born with a birth defect; what steps the doctors took to anticipate, diagnose, or treat any toxins a parent may have ingested or consumed, and what steps employers could have taken to ensure dangerous toxins were not in the workplace.

At Plattner Verderame, P.C. our personal injury lawyers file product liability claims, birth injury claims, and personal injury claims, depending on the doctor’s treatment of the mother during the pregnancy, the dangerousness of the drugs, and other factors.

• Product liability claims. Parents can file a product liability claim against a drug manufacturer or a manufacturer of chemical products if the manufactured designed or made a toxic drug or chemical – or failed to warn the medical community and parents about the dangers – if the drug/chemical causes your child to be born with a birth defect.
• Medical malpractice claims. Doctors and pharmacists need to understand the risks and dangers of the drugs they prescribe. They should review what medications each parent is taking and have recently taken before the child is born. Obstetricians should also inquire about any other toxins either parent may have been exposed to. Doctors who prescribe dangerous drugs, fail to take full medical histories, and fail to help an expectant mother respond to any known dangers – all according to competent medical standards – may be liable for a newborn’s birth defects.
• Personal injury claims. Businesses need to comply with local codes and any known legal or industry safeguards to ensure their workers, visitors, and customers aren’t exposed to dangerous toxins or chemicals. Employers may be liable if they breached a duty of care and a child was born with a birth defect due to this breach.

We work with drug, chemical, and other experts to show why a drug or other compound was dangerous and why it was the proximate cause of your baby’s birth defects. Many of these cases focus on when and how a doctor or employer knew or should have known the drugs/chemicals were dangerous and that the elements were the cause of the birth defects.

What damages can parents claim if a doctor or company is liable for your child’s birth defects?

Children with birth defects usually suffer both physically and emotionally. We demand compensation for all your child’s medical expenses, pain and suffering, loss of function, loss of life’s pleasures, and pain and suffering that the birth defect causes. Our Phoenix chemical birth defect lawyers handle all types of birth defects including scarring, disfigurement, loss of function, and threats to your child’s life.

Each type of birth defect due to a chemical is different. We’ll work with your doctors and our professional experts when necessary to show exactly what the defect is, all the ways the defect will change your child’s life, the medical help your child will need, and the cost of all care, now and in the future.

If your child was born with a birth defect and you suspect it was caused by chemical exposure, you may have grounds for legal action. A Phoenix birth injury lawyer from Plattner Verderame, P.C. is ready to fight for justice for you and your family. You may schedule a free consultation by calling us today or completing our contact form.

Was your child born with a birth defect? Contact Plattner Verderame, P.C. to discuss your child’s rights.