Birth Defect Lawsuits

Medical professionals and researchers define a birth defect as an abnormality in the way a fetus develops. These are also known as congenital conditions.

Approximately 3% of the babies born in the U.S. have a birth defect. These defects range from mild to serious abnormalities that might impact the body’s function, appearance or both. 

In some cases, these defects are the result of genetic conditions. In other cases, birth defects can be caused by toxic exposure or exposure to a medication a mother took during pregnancy. 

Common types of birth defects

Some of the most common birth defects include:

• Cleft lip and/or cleft palate
• Congenital heart defects
• Down syndrome
• Neural tube defects such as spina bifida and anencephaly
• Scoliosis 
• Sickle cell anemia
• Spina bifida

In some cases, cerebral palsy can be considered a birth defect. There are also situations where it’s classified as a birth injury.

Birth defect vs. birth injury

Birth defects and birth injuries are not the same. Birth injuries take place at the time of birth. Birth defects are congenital conditions that develop during gestation. 

Families who believe toxic exposure or potentially dangerous medications caused their baby’s birth defects may be eligible to file a lawsuit. Through legal action, families may be able to secure compensation to cover necessary expenses associated with their child’s birth defect.

Depending on the type of birth defect and severity, care can be costly. The Massachusetts Center for Birth Defects Research and Prevention estimates birth defects lead to $2.6 billion in hospital costs per year nationwide. This doesn’t include other types of care that might be required, depending on the condition. 

Apart from potential compensation, lawsuits can also hold people and organizations accountable if their products or actions or inactions lead to a child’s birth defect. 

A knowledgeable birth defect lawyer can help parents seek legal action for birth defects. Contact us to learn more about your legal options for a birth defect case.

Numerous prescription drugs are associated with congenital birth defects when taken during pregnancy. These issues may arise when medications are taken for approved uses or for off-label uses.

Several types of medications have been linked to birth defects, including migraine and anti-seizure medications.

Birth defects may also be caused by environmental toxins. Birth defect attorneys may be able to help parents explore these types of cases as well.

Environmental toxins can affect pregnancy when the mother is exposed to a toxin in her food or water. Toxic exposures that can cause birth defects include pesticides, industrial runoff and other man-made issues. For example, the contaminated water at Camp Lejeune has been associated with cardiac birth defects.

Additionally, the Environmental Protection Agency (EPA) suspended the use of the herbicide Dacthal because of concerns about birth defects. Children born to women who were exposed to Dacthal during pregnancy face a greater risk of birth defects. If you or your loved one have been affected by this herbicide, you may be eligible to file a Dacthal lawsuit.

Motley Rice lawyers are experienced in helping families hold large companies accountable for harm. Contact us to learn more about your eligibility to file a birth defects lawsuit.

You may want to speak to a birth defects lawyer if:

• Your child has suffered injury or death as a result of birth defects linked to toxic exposure or medicine.
• You’re an adult with a birth defect that might be linked to toxic exposure or pharmaceutical drugs. 

Statutes of limitations for birth defects can vary. A Motley Rice attorney can assess your situation and review your case.

It’s impossible to put a price on the challenges and trauma of a loved one living with a birth defect. But our law firm strives to hold pharmaceutical companies and polluters accountable and amplify your voice. We hope to lessen the chances of birth defects and seek the necessary resources for you and your child’s care.

Birth defect lawsuits may seek financial compensation for:

• Long-term medical care
• Loss of income
• Medical expenses
• Pain and suffering
• Punitive damages

Birth defect lawsuits are complicated. Attorneys can’t guarantee a positive result or any level of financial compensation. If you come across an attorney who does guarantee either of those things, they may not be entirely truthful. 

But, successful outcomes are possible. Juries have found in the plaintiffs’ favor in cases concerning birth defects and prescription drugs.

Motley Rice medical team members have fought to hold prescription drug manufacturers responsible for medications that studies link to an increased risk of serious and life-threatening birth defects. For decades we have litigated against the paint manufacturing industry for childhood lead poisoning. Today, we continue representing mothers and children litigating cases involving childhood lead poisoning from WanaBana apple sauce, infant necrotizing enterocolitis (NEC) from baby formula and exposures to allegedly tainted baby food.

Our law firm has experience leading lawsuits alleging prenatal exposure to prescription medications caused birth defects.

We are passionate about helping women receive justice for health issues caused by companies. Learn more about our work with women’s health lawsuits.

Do not stop taking a prescribed medication without first consulting with your doctor. Discontinuing a prescribed medication without your doctor's advice can result in injury or death.