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Can you recover compensation for a birth defect?

By Rheingold Giuffra Ruffo Plotkin & Hellman LLP

Modern medicine has drastically reduced injuries suffered during the delivery process, to both the mother and the child. But, for every advance, their children still suffer preventable injuries. Modern medicine, chemicals, technologies, and other advances result in new birth injuries that, unfortunately, safety experts are unable to prevent. It is important for parents and their children to know their legal rights, this post will discuss birth injuries from which you may recover compensation and may not.

Birth defects arise before or during the pregnancy

Birth defects arise during pregnancy due to an issue that arose before or during the pregnancy. Most birth defects are not recoverable for damages because it is due to a fundamental error during the development of the fetus or due to an action by the mother (drug use during pregnancy is a common cause of birth defects).

Chemical exposure can lead to birth defects

Of course, some external agents cause birth defects, such as, chemicals or medications that were “designed” to be safe. For example, lead was once included in gasoline, therefore, when gas burned it ended up in everything. Lead saturation results in some diseases, including, birth defects.

It’s hard to ascertain the cause of birth defects, but they do occur, a famous example is medications given to parents to assist them during pregnancy, like Delalutin or Bendectin. These drugs resulted in birth defects and significant litigation.

If your child suffered a birth defect, then you may want to consult with an attorney. While not all birth defects are recoverable, some may be. A lawyer can go over your situation and help ascertain the cause of the birth defect. Keep in mind, that determining the cause of a birth defect is complicated. But an attorney can help you.

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