Birth Defect

The heartbreaking realization that your child is suffering from a birth defect often leads to more questions than answers. Parents want to know why the defect occurred and what their child’s future will be. While it is true that doctors cannot always determine what caused a birth defect, in many cases, there is enough evidence to determine if the defect was caused by someone else’s negligence, allowing victims to recover for their losses.

There are over 4,000 types of birth defects. Some of the most commonly litigated birth defects are caused by exposure to:

• Environmental toxins found in water, air or the ground. Examples include heavy metals, hazardous chemicals, and pesticides.
• Lead, which was often used as a building material.
• Toxic industrial chemicals such as paint thinners, cleaning fluids, ethylene glycol ethers (EGEs) and solvents.
• Prescription drugs including Zofran, anti-seizure medication, retinoids, and antidepressants.

The party responsible for your exposure to these dangerous chemicals will vary from case to case. Sometimes the doctor or pharmacist can be held responsible. Other times an employer will be found to have put a pregnant employee in an unsafe environment. Birth defect cases have been brought by women working in hair salons, manufacturing plants, paint factories, agricultural operations, cleaning companies, and many other industries.

If your case goes to trial and negligence can be proven, you will then have an opportunity to prove damages. This is a complex part of the trial that will involve expert witnesses and other types of evidence. In most birth defect cases, the damages awarded are meant to cover a lifetime of losses, which often means that victims obtain millions of dollars in compensation.

Damages you may be eligible for:

• Past and future medical bills
• Past and future care expenses
• Pain and suffering
• Punitive damages
• Lost wages
• Loss of future earning capacity

If you believe that your child’s birth defect is due to the negligence of someone else, you should seek the advice of an attorney to protect your family. A skilled birth defect attorney will be able to assess whether another party is at fault or is partially at fault for your child’s birth defects.

Kilo Flynn attorneys have worked on birth defect cases throughout Missouri and Illinois. Our clients reside in the Missouri counties of St. Louis, St. Charles, Lincoln, Jefferson, Franklin and Crawford, and the Illinois counties of Madison, St. Clair and Monroe. To schedule a free consultation with one of our St. Louis birth defect lawyers, call us today at 314-647-8910 or contact us online.