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Drug Product Liability

Chemical Product Liability

Birth Defect Claims

The joy of giving birth to a healthy child can be shattered by a birth defect. Parents’ hopes and dreams for their baby’s future, as well as the future of the family itself, can be irreparably damaged by a birth defect. Parents have to summon all of the physical and mental strength to help their child overcome some of life’s most difficult challenges.
 
Sadly, a devastating birth defect may have been caused by a seemingly safe prescription drug, over-the-counter medication, or dietary supplement. Parents may be surprised at how many of these drugs and toxic substances can cause ruinous birth defects.
 
Abnormalities can occur in any major organ or part of the body. Major birth defects are structural abnormalities that affect the way a person looks and require medical and/or surgical treatment.


Minor birth defects are abnormalities that do not cause serious health or social problems. When multiple birth defects occur together and have a similar cause, they are called syndromes. If two or more defects tend to appear together but do not share the same cause, they are called associations.

Teratogen Birth Defect
 
Any substance that can cause abnormal development of the egg in the mother's womb is called a teratogen. In the first two months after conception, the developing organism is called an embryo; developmental stages from two months to birth are called fetal.
 
Growth is rapid, and each body organ has a critical period in which it is especially sensitive to outside influences. About 7% of all congenital defects are caused by exposure to teratogens.
 
A teratogenic birth defect may result in liability of the drug company, supplement manufacturer, and their retailers for the birth defect injury.
 
Known Birth Defect Medications and Supplements

Certain drugs and classes of drugs are known to cause birth defects:
 
  • Topical (local) corticosteroids
    • Taken by mom in the first trimester of pregnancy, babies may be born with cleft lip.

  • Thalidomide
    • Known to cause defects of the arms and legs; several other types also cause problems.

  • Anti-Seizure Medications
    • Examples: Depakote, Tegretol, Dilantin, Lamictal
    • It was widely reported in 2004 that the incidence of birth defects in children born to women taking the anti-seizure medication Depakote, were at significantly higher risk of baby’s death, serious birth defects, and developmental delays, walking and speech delays.
    • Other medications having similar risks, but without as high of incidence rates, were Tegretol, Dilantin, and Lamictal.

  • Acne & Skin Drugs
    • Accutane (also known as isotretinon, Amnesteem, and Claravis) have been reported to be very dangerous in the early stages of pregnancy.

  • Psoriasis Medication
    • Soriatane (acitretin) may be harmful years before pregnancy.

  • Heart Medications
    • Blood Pressure | ACE inhibitors - or drugs used to treat high blood pressure in the mother - can damage the unborn baby’s kidneys or cause death when taken during the pregnancy.
    • Other risks to the unborn child are heart defects and nervous system defects.
    • Examples of these drugs are:
      • Aceon (perindopril)
      • Accupril (quinapril)
      • Capoten (captopril)
      • Enalopril
      • Lotensin benzepril
      • Mavik (trandolapril)
      • Monapril (fosinopril)
      • Univasc (moexipril)
      • Vasotec (enlapril)
  • Cholesterol-Lowering Drugs | Statin
    • The class of prescription medications called statins (e.g. atorvastatin, simvastatin, lovastatin), which are used for lowering cholesterol, are reported to increase the risk of devastating birth defects in newborns.
    • Among these birth defects are central nervous system abnormalities and irregular arms or legs.

  • Cytotec
    • drug used to ripen the cervix for birth, the drug can cause hyperstimulation, resulting in premature delivery, birth defects, or death

  • antibiotics
    • Certain antibiotics are known tetratogens.
    • Tetracycline affects bone growth and discolors the teeth.
    • Drugs used to treat tuberculosis can lead to hearing problems and damage to a nerve in the head (cranial damage).

  • Anti-Psychotic and Anti-Anxiety Drugs
    • Several drugs given for anxiety and mental illness are known to cause specific defects.

  • anti-Neoplastic agents
    • Drugs given to treat cancer can cause major congenital malformations, especially central nervous system defects.
    • They also may be harmful to the health care worker who is giving them while pregnant.

  • Hormones
    • Male hormones may cause masculinization of a female fetus.
    • A synthetic estrogen (DES) given in the 1940s and 1950s caused an increased risk of cancer in the adult female children of the mothers who received the drug.

  • Dietary Supplement | Health Supplement
    • There can be dangerous effects upon the unborn child and resultant birth defects.

Toxic Chemicals

Environmental chemicals such as pesticides and fungicides are suspected of causing, or known to cause, birth defects.

Farm Worker Exposure to Pesticides

Farm workers are at great danger due to exposure to toxic pesticides. Children born to mothers and fathers who work on farms often suffer extreme birth defects. The EPA has confirmed this link, "Studies evaluating the role of pesticides in birth defects have established a connection between maternal and paternal exposure to pesticides and greater dangers of offspring having or dying from birth defects."

Pesticides contain toxins that can eventually harm unborn children and newborns.

EPA’s Worker Protection Standard (WPS)

Farming companies have a responsibility to protect workers from dangerous pesticides. The Worker Protection Standard (WPS) protects agricultural employees from occupational exposure to agricultural pesticides.

Standards include protection during applications, restricted-entry intervals, personal protective equipment, and notification to workers about treated areas, decontamination supplies, emergency assistance, pesticide safety training and safety posters, and access to labeling and site-specific information.

Exposure to Occupational Radiation

Exposure of the mother to high levels of radiation can cause small skull size (microcephaly), blindness, spina bifida, and cleft palate. How severe the defect is depends on the duration and timing of the exposure.

This can certainly be of concern to health care workers in hospitals and private offices, such as radiology technicians, dental hygienists and technicians - anyone routinely exposed to x-rays or radiography or nuclear medicine equipment.

Birth Defect Product Liability

Serious birth defects can be permanent conditions that alter the course of the baby’s life, as well as that envisioned by the family. Early intervention, adaptive lifestyle changes, education, therapy, and other involvements can certainly make life rewarding for the child afflicted with a critical birth defect.

A severe personal injury or wrongful death caused by a drug may result in a drug product liability claim. Similarly a toxic substance or chemical which results in birth injury may be grounds for a product liability claim. In a birth defect product liability claim, you and your injured child may be eligible for compensation for your severe harms and losses.

If you or your loved one has suffered a permanent, devastating, birth defect, birth injury, personal injury or wrongful death in the family caused by a prescription drug, toxic substance, toxic chemical, or radiation at work, then please contact a personal injury lawyer at our firm to seek justice on your behalf.
 
We may team up with, co-counsel, or jointly prosecute, your serious personal injury claim or wrongful death claim with another product liability attorney whom we know and trust. We are sensitive to your needs, share your values, and work hard for you and your family to secure justice.

We're Here to Help - Throughout Florida and Beyond

For experience and prompt action in your serious personal injury or wrongful death matter, contact our injury attorneys.  We proudly serve deserving clients and their families who are seeking to overcome the challenges of serious personal injury and wrongful death throughout Florida and beyond in other States.

Locally, we are also proud to serve our neighbors throughout Southwest Florida, including those in Arcadia, Alva, Avon Park, Bonita Springs, Bradenton, Cape Coral, Charlotte County, Clewiston, Collier County, Desoto County, Englewood, Felda, Fort Myers, Ft. Myers, Glades County, Golden Gate, Hardee County, Hendry County, Highlands County, Immokalee, La Belle, Labelle, Lake Placid, Lee County, Lehigh, Lehigh Acres, Manatee County, Moore Haven, Naples, Nokomis, North Port, Osprey, Palmdale, Port Charlotte, Punta Gorda, Sarasota, Sebring, Venice, Wauchula, Zolfo Springs.

We provide aggressive, prompt, and ethical advocacy on behalf of individuals and families who have suffered serious personal injury, accident injury, and wrongful death.

Contact us today.


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