Birth Defect Cause and Liability
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A birth defect is an abnormality of function, structure, or metabolism that is present in a baby at birth. Birth defects result in physical or mental disabilities or death. birth injuries are not considered birth defects. (See also Birth Defects vs. Birth Injuries).
Causes of Birth Defects
By some estimates, there are over 4000 known birth defects. According to the March of Dimes, approximately 120,000 babies are born with birth defects each year. The causes of birth defects fall into three categories: 1) genetic, environmental, and unknown.
Genetic Causes of Birth Defects – Genetic birth defects can be broken down into three categories:
- Single Gene Defects are those which are caused by the mutation of a single gene. A baby gets one-half of its genes from each parent. Some single gene defects will be passed on if one parent possesses a defective gene. An example of this type of birth defect is achondroplasia, a form of dwarfism. Other single gene birth defects occur only if both parents possess the defective gene. An example of this type of birth defect is cystic fibrosis.
- Chromosomal Defects are caused by abnormalities in the structure or number of chromosomes. Chromosomal birth defects are usually caused as a result of something going wrong when the sperm cell or egg cell was developing. Down syndrome is an example of a chromosomal defect.
- Multifactorial Defects are caused by a combination of genetic and environmental factors. These types of birth defects occur when a person inherits one or more defective genes and is exposed to certain environmental factors. If a person inherits the defective gene but is not exposed to the environmental factor, he will not be born with the birth defect. Cleft lip/palate is an example of a multifactorial birth defect.
Environmental Causes of Birth Defects – When a fetus is exposed to certain environmental substances it can be born with birth defects. Common substances which may cause a child to be born with birth defects are:
- Alcohol;
- Drugs, both Prescription and illegal;
- Infections and sexually transmitted diseases; and
- Chemicals, pesticides, insecticides, and other toxic materials.
- Unknown Causes of Birth Defects – According to the March of Dimes, the cause of about 70% of birth defects is unknown.
Liability for Birth Defects
If a baby's birth defects can be linked to exposure to prescription drugs taken by the mother during pregnancy or to exposure to insecticides, pesticides, or other toxic substances, the manufacturer may be liable.
Drugs and chemicals commonly linked to birth defects include:
- Paxil;
- ACE inhibitors;
- Lithium;
- Tetracycline;
- Warfarin;
- Accutane;
- Anticancer drugs;
- Bisphenol A;
- Dibutyl Phthalate; and
- Perchloroethylene.
Birth Defect Implications
A child born with a serious or severe birth defect may have a lifetime of pain and suffering which impacts the child's quality of life, including his ability to learn and function independently. Moreover, having a child born with a birth defect can have long term psychological and financial implications for the parents and other family members. (See also Wrongful Death Claims for Stillborn Infant).
Getting Legal Help
If your baby was born with a birth defect, you have only a limited amount of time to determine if the cause is linked to exposure to a toxic chemical or a prescription drug. You should consult with an experienced products liability attorney who will assess your case and advise you on a course of action.
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