Birth Defect Lawyer Blog

Spina bifida is a serious cognitive birth defect that has been traced to a variety of causes, from lack of folic acid during pregnancy to mercury emissions from mining practices. While it often leads to a reduced quality of life, that does not always have to be the case; some people with the condition still manage to do the things that they love. One such person is Rebecca Shumaker of Texas, who has not let spina bifida keep her from raising bulls for rodeo riding.

At present, Shumaker is unable to dress herself or to get into a vehicle without help -- but she has helped raise 30 bulls, cows, and calves for the past 10 years. Shumaker got the inspiration from watching the professional riding events on television when she was seven years old. There was ample space for raising cattle on her parents' ranch, which holds 200 beef cattle in addition to Shumaker's animals. Until recently, Shumaker took it upon herself to feed her cattle every day, and some are almost big enough to weigh one ton. Her bulls have competed in rodeo events across the country, with a few even making it to the Professional Bull Riders event -- a major achievement. Nonetheless, Shumaker does not believe that she can make a living off of her passion. The 17-year old has instead set her sights on a career in the medical field, with perhaps a bull-raising business on the side.

It is encouraging to hear stories about people who can follow their passions despite health conditions that would hold them back. Spina bifida has been known to cause a wide range of serious health problems, including leg paralysis, bladder and bowel control problems, and cognitive problems that can lead to learning disabilities. Yet while some living with the condition are fortunate to have the help of friends, family, and community, others must struggle alone, often incurring large medical bills in the process.

If your child has spina bifida and you believe that the cause was not due to your lifestyle while pregnant -- such as smoking or not taking folic acid -- but due to an external source, you might want to consider filing a lawsuit against the offender. If you believe that the offender is, for instance, a coal-burning power plant, you could file a toxic tort lawsuit against it. You would have to ensure that there was strong evidence linking the offender to your child's birth defect, or the other party might argue that it was not responsible. Some factors to consider would be the location of the power plant, how frequently you were exposed to its emissions and for how long, and whether others in your area are also giving birth to babies with birth defects. You could also obtain expert testimony that would establish a link between the two.

Continue reading "Teenage Girl With Spina Bifida Follows Her Passion of Raising Bulls for Rodeo Riding" »

Yet another study is out, providing evidence of the dangers of exposure to traffic smog. The new study, which focuses on the San Joaquin Valley in central California, found that women exposed to traffic emissions early in pregnancy are more likely to give birth to babies with birth defects.

Researchers from Stanford University School of Medicine looked at the effects of pregnant women being exposed to traffic-related carbon monoxide pollution in their first eight weeks of pregnancy. The study included 806 women whose babies had birth defects and 849 women whose babies developed normally, between the years 1997 and 2006. What they found was that women exposed to the highest levels of traffic-related carbon monoxide in early pregnancy were nearly two times as likely to give birth to a baby with a neural tube defect, such as spina bifida or anencephaly, as women who were exposed to very low levels of carbon monoxide. In addition, women who had the greatest exposure to traffic-related nitrogen oxide during the early weeks were almost three times more likely to have a baby develop anencephaly in the womb than were women with the lowest exposure. This remained the case even after researchers accounted for mitigating factors, such as the women's race, ethnicity, education levels, and health habits.

Researchers cautioned that just because there was an association between traffic-related air pollution and birth defects did not mean that traffic was definitely the cause. The associations still need to be confirmed, and researchers are hopeful that studies like this one can be used to determine treatment to reduce birth defect risk.

If you live in an area with heavy pollution caused by traffic and believe that it is the cause of your child's neural tube defect, you may have the option to file a lawsuit for relief. While it would probably be impossible to sue individual drivers -- unless much of the traffic came from drivers for an identifiable company -- you might succeed in filing a lawsuit against agencies responsible for monitoring and preventing unhealthy levels of pollution. Such agencies include the federal Environmental Protection Agency (EPA) and the state environmental agency. In filing a lawsuit, you could argue that these agencies had a legal duty to prevent unhealthy levels of pollution, yet breached that duty by failing to pay attention to, and crack down upon, traffic-related pollution. As a result, you were exposed to the pollution throughout your pregnancy and your child was born with a neural tube defect. You could either seek "damages," a money award that would pay for your child's medical bills, as well as pain and suffering, or you could seek equitable relief, such as an injunction. An injunction in this case would compel the agencies to take action to prevent more traffic pollution.

Continue reading "New Study Finds That Women Exposed to Traffic-Related Smog Early in Pregnancy More Likely to Have Babies With Birth Defects" »

In Indiana, environmental groups have reached a settlement agreement with state environmental regulators and owners of the steel mill, ArcelorMittal, that will require ArcelorMittal to remove or recycle waste that has accumulated for two decades, and to test the soil underneath to see whether it has been contaminated with toxins.

The settlement came as a result of a lawsuit filed two years ago by environmental groups, including Save the Dunes, intended to push Indiana regulators to require a cleanup. The waste lies near part of the Lake Michigan shoreline and, throughout the years, has amounted to more than three million tons. It consists of a mixture from the steel mill's smoke stacks, including "basic oxygen furnace sludge," "blast furnace filter cake," and "secondary wastewater treatment plant sludge."

Environmentalists argued that even though state and federal laws prohibit long-term dumping of solid waste, Indiana regulators have known of ArcelorMittal's dumping since 1999, yet did not take any action to stop the mill from creating ever-larger above-ground piles. Environmental groups believe that Indiana regulators were too focused on pleasing business interests to do their job as public safety officials. They point to the fact that Thomas Easterly, appointed to lead Indiana's regulatory agency in 2005, was a former employee for Bethlehem Steel, ArcelorMittal's previous owners. While the groups are pleased with the settlement, they still note that Indiana ranks among the worst in the United States in air and water quality. However, they hope that the settlement will set a new standard for other businesses in the state to follow.

As this blog has previously noted, toxic waste has been linked to a variety of birth defects, including spina bifida and cleft palate. Because of toxic waste's harmful effect on human health, it is important for regulators to take their jobs seriously, investigate every violation, and impose the property penalty. If regulators do not perform their work with reasonable care, they should be held accountable. Too often, parents of children with birth defects cannot sue the source of the toxins responsible, because the toxins may come from too many diverse sources (such as cars) to hold any one responsible. However, parents may be able to hold the regulators responsible for not enforcing standards. In the case of the ArcelorMittal mill, a parent whose child was affected by the toxic waste could sue the regulators and the mill, because the mill is such an identifiable source. In fact, since the mill may have affected the health of quite a number of infants, parents might be able to come together and form a class-action lawsuit. Class-action lawsuits do not have a definite minimum size, but the generally accepted minimum is 40 people.

Continue reading "Settlement Reached in Lawsuit Over Two Decades of Toxic Waste From an Indiana Steel Mill" »

A study out of Italy could have ramifications for the United States and other countries with disinfected tap water. The study found that infants whose mothers drank water with two chemical byproducts were more likely to be born with spina bifida or a cleft palate.

The study was based in the Emilia Romagna region of northern Italy. In addition to using chlorine, which creates a chemical byproduct known as trihalomethanes (THM) that is regulated in both Europe and the United States, the Emilia Romagna region also treats water with two other disinfectants: chlorine dioxide and sodium hypochlorite. These disinfectants create chemical byproducts such as chlorite, chlorate and chloride ions.

Researchers looked at the connection between eight types of birth defects and the mother's exposure to THMs, chlorate, and chlorite in drinking water during her first trimester of pregnancy. In particular, researchers examined: the number of babies born in Emilia Romagna with congenital abnormalities (6,134) compared with those born without abnormalities; the water authority responsible for delivering water to the mother's address during her first trimester; the mother's exposure to chemical byproducts; and the mother's exposure to THMs and chlorine required to be at regulation levels.

The study found that 3.4% of pregnant mothers were likely exposed to levels of chlorite higher than the nationally allowable threshold, resulting in them being three times more likely of giving birth to infants with renal defects, and almost seven times more likely of having a baby with abdominal wall defects. As for chlorate, pregnant mothers exposed to extremely high levels were 9.6 times more likely to have a baby born with a cleft palate, nearly five times more likely to have a baby born with spina bifida, and nearly three times more likely of having a baby with obstructive urinary defects, compared to mothers who were exposed to much lower levels.

Researchers noted that the study samples were quite small, which meant that more studies would need to be conducted in order to verify whether the study's findings were, in fact, accurate. If they are accurate, it could pose a problem for any country considering alternative ways of disinfecting drinking water. At present, THMs have already been linked to birth defects and cancer. It is unknown what other effects chemical byproducts -- which people are exposed to through showering, as well as drinking -- may have on people as a whole.

Continue reading "Study From Italy Finds That Certain Disinfectants Used to Treat Tap Water Could Cause Birth Defects" »