Orange County Birth Defect Lawyer
According to the March of Dimes, around 150,000 babies are born with birth defects each year in the United States. Experts estimate that about 3 percent of all newborns are affected by a significant birth defect.
For more information about your legal rights, reach out to the experienced Orange County birth defect attorneys at Aitken * Aitken * Cohn for a free and confidential consultation.
What is a Birth Defect?
Birth defects are defined as abnormalities in function, structure, or metabolism present at birth. As the leading cause of death among newborns, birth defects can vary from minor to severe. There are over 4,000 known types of birth defects, though some are more prevalent than others. These defects often result in mental or physical disabilities and can sometimes be fatal.
While genetic factors can contribute to birth defects, environmental hazards like drugs and toxins can also have a teratogenic effect. A teratogen is any substance that, when a pregnant woman is exposed to it, may cause physical defects in the developing embryo or fetus, leading to birth defects. If exposure to teratogens during pregnancy is due to another party’s negligence or wrongdoing, that party may be held liable for the resulting losses and suffering experienced by both the mother and the child with the assistance of an Orange County personal injury lawyer.
Causes of a Birth Defect
Birth defects can arise from a variety of factors, and in many cases, the exact cause remains unknown. However, several known factors are commonly associated with the development of birth defects. These include:
- Genetic Problems: Genetic mutations or inherited disorders can lead to birth defects. Conditions such as Down syndrome and cystic fibrosis are examples of genetic issues that can affect a child’s development.
- Chromosomal Problems: Abnormalities in the number or structure of chromosomes can cause birth defects. For instance, Turner syndrome and Klinefelter syndrome are linked to chromosomal irregularities.
- Infections: Certain infections during pregnancy, such as rubella, cytomegalovirus, and toxoplasmosis, can result in birth defects. These infections may disrupt the normal development of the fetus and lead to physical or developmental issues.
- Exposure to Medications and Chemicals: Exposure to harmful medications, drugs, or chemicals during pregnancy can negatively impact fetal development. For example, the use of certain prescription medications or illicit drugs, as well as exposure to toxic substances, can increase the risk of birth defects.
- Environmental Factors: In addition to medications and chemicals, other environmental factors such as radiation and extreme temperatures can also contribute to the risk of birth defects. Poor maternal nutrition and lifestyle choices may further exacerbate these risks.
Understanding these factors can help in managing and mitigating the risk of birth defects. If birth defects are caused by external factors such as medication or chemical exposure, and these were the result of negligence or improper actions by another party, seeking legal advice from a qualified attorney can help in addressing the consequences and pursuing justice.
Common Birth Defects
Common birth defects include conditions such as congenital heart defects, which affect the structure of the heart and its ability to pump blood efficiently, and cleft lip and palate, which involve splits in the upper lip and the roof of the mouth. Other prevalent birth defects are spina bifida, where the spinal column does not close completely, and Down syndrome, a genetic disorder caused by an extra chromosome 21. These defects can range from mild to severe, potentially impacting a child’s health, development, and quality of life. Early diagnosis and treatment are crucial in managing these conditions effectively. Other common birth defects are as follows:
- Klinefelter syndrome
- Turner syndrome
- Zika infection
- Gastroschisis
- Hypospadias
- Omphalocele
- Cerebral Palsy
Do Prescription Drugs Cause Birth Defects?
About 90 percent of all pregnant women use prescription or over-the-counter (OTC) drugs at some point during their pregnancy. While many of these are safe to use when expecting, many types of drugs pose the threat of birth defects and should not be used by pregnant women. Doctors have a responsibility to prescribe to pregnant women only those medications that are absolutely necessary and that are safe for consumption during each particular stage of pregnancy. Failure to follow this medical standard may make this medical professional responsible for any birth defects with which a child is born and other hospital errors.
Fact: As many as one in ten birth defects are caused by using OTC or prescription drugs during pregnancy.
Teratogenic medications can cause birth defects in three ways: 1) they can damage the fetus directly; 2) they can damage the placenta or umbilical cord, thus increasing the risk of birth defects; and 3) they can cause uterine contractions that can injure the fetus or cause premature delivery.
The following are just some of the drugs that are known to cause birth defects:
- Antibiotics: While penicillins, cephalosporins, and erythromycins are generally considered safe, tetracyclines, sulfa drugs, ciprofloxacin, and other antibiotics can cause birth defects when taken by a pregnant woman.
- Benzodiazepines: Tranquilizers, sleeping pills, and anti-anxiety drugs can cause problems in newborns including breathing, temperature regulation, and muscle problems.
- Accutane and related dermatological drugs: Accutane poses an extremely serious risk of birth defects or death. This drug should never be used by a pregnant woman under any circumstances. Soriatane is also a dermatological drug that is extremely harmful to a developing fetus, and should not be used by any woman for three years prior to conception.
- NSAIDs: Aspirin and other drugs in the same family (salicylates) can cause birth complications and birth defects when used late in pregnancy.
- Antidepressants:
- Paxil: In 2005, the FDA warned that Paxil can double the risk of heart birth defects when used during the first trimester of pregnancy.
- Prozac: In 2006, a major study found that Prozac also doubled the risk of delivering a child with the birth defect PPHN (Primary Pulmonary Hypertension).
- Anti-cancer drugs: Teratogens such as Bulsulfan, Chlorambucil, Cyclophosphamide, Mercaptopurine, and Methotrexate can cause serious birth defects including cleft palate, underdevelopment, other physical defects, and mental retardation.
- Anti-seizure medications: Anticonvulsants such as Topiramate and Valproate can cause serious birth defects including spina bifida, organ deformities, cleft palate, and facial defects.
- Certain thyroid medications
- Sex hormones
- Blood pressure drugs
- Asthma medications
- Live Vaccines
- Lithium
- Thalidomide
If your child was born with a birth defect and you or your partner took any medications prior to or during pregnancy, you may wish to consult with a qualified and knowledgeable legal professional who can help to determine the cause and help you recover your losses.
Environmental Hazards That Can Cause a Birth Defect
In addition to drugs, environmental toxins can cause birth defects. While exposure to many chemicals will not lead to birth defects, some chemicals or other toxins can lead to serious and even fatal birth defects. Inhalation, ingestion, or skin absorption are the three ways by which a pregnant woman can be exposed to teratogenic chemicals.
The following are some of the chemicals and other teratogenic substances are known to cause birth defects:
- Arsenic
- Cadmium
- Lead
- Mercury
- PCBs
- Carbon monoxide
- Chlorine
- Organic Solvents (i.e. Toluene)
- Pesticides
- Xylene
- Methyl Ethyl Ketone
- Glycol Ethers
Contact an Orange County Birth Defect Attorney Today
Employers have a duty to safeguard pregnant employees from exposure to teratogenic substances that could lead to birth defects. If an employer fails to prevent such exposure in the workplace, they may be held liable for any resulting birth defects. Similarly, any party responsible for exposing a pregnant woman to hazardous substances that cause birth defects can also be legally accountable for related damages. For more information on birth defects and your legal rights, or to learn more about birth injuries, please contact our Orange County birth defect lawyers.
