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Drug Product LiabilityChemical Product LiabilityBirth Defect ClaimsSadly, 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:
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.
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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. |