Category: Birth Defects

With over 27 million Americans using an illicit or prescription opioid on a routine basis, it’s quite clear that opioid use impacts many facets of our society. The epidemic kills an average of 70,000 people per year – and the ongoing global COVID-19 pandemic, in fact, worsens widespread drug use. But many of those it doesn’t kill live out their lives with complications. Recently, sales of opioid pain relievers in the United States have surged. The populations most affected by this are pregnant women and their infants.

Impact on Children Exposed to Opioids During Pregnancy 

While the impact of opioid use during pregnancy continues to be a subject of ongoing debate, solid evidence suggests that perinatal opioid exposure can cause adverse behavioral, cognitive, or developmental outcomes. In a recent study published in Pediatrics, the official journal of the American Academy of Pediatrics, Dr. Stephen Patrick and his co-authors easily conclude that prescribing opioids to pregnant women is quite common. They also found this practice strongly associated with neonatal complications or possible birth defects. With opioid use during pregnancy typically resulting from prescriptions for pain management, it’s often the case that doctors or medical professions fail to consider all options before prescribing such a drug. Many around the country, including states, cities, counties and even hospitals question the manufacturers of such drugs. Because of the numerous distressing legacies left by the opioid epidemic, many of the ongoing lawsuits filed against drug companies reference infants born with complications.

Birth Defects Caused by Opioid Use During Pregnancy

Ever since this issue came into public discourse over a decade ago, several scientific reports have found that maternal opioid treatment early in pregnancy is associated with certain types of birth defects in infants, including:

• Congenital heart defects
• Hydrocephaly
• Spina Bifida
• Glaucoma

Additionally, cognitive and developmental delays are also closely associated with opioids like codeine, hydrocodone, and oxycodone taken either before becoming pregnant and during the early trimester of pregnancy. Researchers like Cheryl S. Broussard urge that women and their physicians consider these risks before making treatment decisions during pregnancy. It’s possible that strengthening existing lax prescription rules and regulations could help decrease the risks that pregnant women prescribed opioids face.

Cesar Chavez captured the public eye in the late 1960s. Born in Arizona at the beginning of the Great Depression, Chavez and his family moved to California after losing their farm when he was 10 years old. The Chavez family got by as seasonal migrant farm workers witnessing firsthand the injustices of life in the agricultural business, or “agribusiness‚Äù as Chavez called it. Combining a strict philosophy of non-violence and a strong work ethic, Chavez organized his fellow farm workers and took a stand against the agribusiness industry and its abusive practices. Poor working conditions and unlivable wages would no longer be tolerated.

In 1968, with the support of his United Farm Workers (UFW), Cesar Chavez led a very successful national boycott of California’s grape growing industry. In 1970, the grape growers began bending to the will of the farm workers. And in 1975, the farm workers’ power was confirmed when the California Agricultural Labor Relations Act was passed, giving farm workers the right to unionize.

Despite the early victories for farm workers’ rights, increased use of toxic chemicals meant to control pests on commercial farms continued to be a major health hazard for farm workers and their families. In 1986, Cesar Chavez kicked off his “Wrath of Grapes‚Äù campaign. Traveling around the country, he delivered a powerful speech that once again shed light on the plight of the farm worker. Specifically he drew attention to the use of dangerous pesticides and how pesticide drift and lingering pesticide residue was poisoning farm workers and their children. ¬†In his speech, Chavez states that he and the other farm workers “. . . were the first to recognize the serious health hazards of agriculture pesticides to both consumers and ourselves.‚Äù These health hazards include birth defects to children born to mothers and fathers who were exposed to these pesticides while working in the fields.

Tragically, Cesar Chavez passed away at the age of 66 before his Wrath of Grapes movement against dangerous pesticides could gain the traction that his earlier movement had achieved. While the movement may have slowed, Chavez’s message of justice for farm workers lives on.

In his famous Wrath of Grapes boycott speech, Cesar Chavez said that the battle against the use of harmful pesticides “is a battle that none of us can afford to lose because it is a fight for the future of America. It is a fight we can win and it is a fight that everyone can join.‚Äù The attorneys at Waters Kraus & Paul have joined in this fight, and are committed to winning it. They fight using the same characteristics that made Cesar Chavez’s campaign for workers’ rights so successful ‚Äìrelying on nonviolence by utilizing the legal system to demand the justice that families injured by pesticides deserve. This is done with a tireless work ethic that shows in the firm’s track record of successful litigation. Waters Kraus & Paul believes in holding farm owners and corporations responsible for the harm that has befallen the families of farm workers as a result of pesticide exposure caused by dangerous working conditions. The firm believes that in doing so we can change the safety standards in the agricultural industry for the better.

Cesar Chavez’s movement was not only a struggle for a goal, but also a struggle for a cause. The birth defect attorneys at Waters Kraus & Paul make it their goal to litigate for compensation for the families of each injured child that they represent. They also fight for the cause of freedom for farm workers and their families from the unjust health hazards and injuries caused by pesticides in the fields.

Families shouldn’t have to be put through the financial and emotional struggle that comes with birth defects, especially when these birth defects can be prevented by their employers. There have been many studies conducted on the chemicals used in pesticides that have been found to be toxic to humans, some of these include:

• Captan – a proven cancer causing and birth defect producing agent. (Fungicide)
• Glyphosate ‚Äì a chemical found in Roundup¬Æ has been found to damage cell DNA in embryos.
• Goal, Honcho & Pro 90 ‚Äì pesticides with confirmed links to birth defects and childhood cancer.

If you find yourself working near these pesticides or chemicals in the fields, make sure you and your employer are taking the correct precautions to protect yourself and future family members.

Unfortunately, the fight for these basic rights and safety regulations is far from over, as companies continue to put money over the well being of their employees. Prenatal exposure to toxic chemicals is something that should and can be avoided. Unless farm workers are properly protected, the chemicals in pesticides can be carried through mother or father leading to pesticide induced birth defects.

Two Kihei, Maui children suffered life-threatening birth defects due to pesticide exposure in utero, alleges a recent lawsuit.

Chemical and agricultural giant Monsanto excessively sprayed harmful restricted pesticides on corn fields just yards downwind from their families’ homes. The suit claims the company did so knowing the toxic chemicals would be carried by the wind into the residential neighborhood and absorbed by the families that lived there.

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The Toxic Consequences of Pesticides 

As a result, Dana Fulton, now 28, was born with her throat not connected to her stomach. Countless surgeries corrected some of the problem, but to this day, she still requires a tracheostomy tube in her neck to breathe.

Seventeen-year-old Max Coleman was born missing tubes that supported proper kidney function. While surgery addressed some of the problem, he still suffers from hydronephrosis, or the swelling of his kidneys, and has severe asthma and ADHD.

Dangerous Corporate Practices

“Monsanto was very well aware that there was a residential neighborhood immediately downwind, very well aware that the trade winds would carry these pesticides into the neighborhood,” says Ilana Waxman, who represents the Coleman and Fulton families in the case, expressing her assertion that Monsanto should be held accountable for their negligent use of restricted pesticides.

Other Hawai‘i Families Exposed to Pesticides

The victims’ families, both residents of Kihei, Maui, lived adjacent to Monsanto’s Mokulele Field, where the pesticides were sprayed. However, similar fields can be found on Maui and Kauai, where innocent families could also have been exposed.  The chemicals contained in these pesticides used by Monsanto cause cancer, lead to birth defects and adversely affect human health. Not surprisingly, they’ve been banned in many countries.

Protecting Your Family  

Our team stands up to big companies that put profits ahead of your safety. If you’ve suffered catastrophic injury because of exposure to toxic chemicals, we can help.

Two Maui families with children born with rare illnesses are suing Monsanto and its parent company Bayer. They claim the company knowingly sprayed harmful chemicals that caused their conditions.

Dana Fulton sat looking at photos of herself after one of the surgeries she had as a baby. She was born with esophageal atresia/tracheoesophageal fistula. Today, Fulton is 28-years-old and needs a tracheostomy tube to breath.

Seventeen-year-old Max Coleman had hydronephrosis, or the swelling of his kidneys. He also has severe asthma and ADHD according to his mother Lory Marques.

Both the Coleman and Fulton families lived fewer than 500 yards from Monsanto’s Mokulele Field in Kihei, Maui.

They filed a lawsuit Thursday, claiming the hazardous chemicals Monsanto sprayed on the fields caused their illnesses. They want Monsanto to take responsibility.

Ilana Waxman is an attorney representing them in the case. Waxman said the chemicals were highly toxic and were sprayed at a rate 17 times higher than most fields.

“Monsanto in spraying these large amounts of restricted use pesticide on these fields was very well aware that there was a residential neighborhood immediately downwind, very well aware that the trade winds would carry these pesticides into the neighborhood,” Waxman said.

Read the full article here.

The EU banned these chemicals because of their danger to honeybees, but they are believed to be harmful to humans—and they are in use in the United States.

After a scientific review, the European Union has decided to implement a complete ban on neonicotinoids, a group of pesticides killing honeybees and affecting crop pollination. This full ban goes into full effect at the end of 2018 and enhances a previous limited ban in force since 2013. Pursuant to the ban, neonicotinoids will only be allowed in greenhouses where there is no contact with bees or other pollinators.

What are Neonicotinoid Pesticides?

Neonicotinoids are pesticides that affect the central nervous systems of insects. These pesticides get their name from their basic chemistry which is similar to that of nicotine.

There has been a significant decrease in the bee population in the last few years and scientists suspect that there is a connection between neonicotinoids and colony collapse disaster (CCD). CCD is “the phenomenon that occurs when the majority of worker bees in a colony disappear and leave behind a queen, plenty of food, and a few nurse bees to care for the remaining immature bees and the queen.” The decreased bee population directly affects crop production because the spread of bee pollen is necessary for reproduction.

Neonicotinoids have been popular in agricultural and commercial ornamental production because they are effective in guarding against a wide range of insect pests. However, if neonicotinoids are harmful to honeybees and other insects, it begs the question, what is their effect on humans?

Effects of Neonicotinoid Pesticides on Humans

In 2014, the European Food Safety Commission (EFSA) found that the neonicotinoid pesticides (acetamiprid and imidacloprid), which are linked to bee deaths, are also harmful to humans. Acetamiprid (ACE) and imidacloprid (IMI) obstruct the normal development and function of the nervous system in children and damage brain structures and functions associated with learning and memory.

The Plant Protection Products and their Residues Panel (PPR) found that the guidance levels for acceptable exposure to ACE and IMI may not protect humans and should be reduced. In addition, a 2012 study on the nicotine-like effects of neonicotinoids showed that ACE, IMI, and nicotine exert similar excitatory effects on mammalian nicotinic acetylcholine receptors. Therefore, the neonicotinoids may adversely affect human health, especially the developing brain of fetuses and young children.

It is well documented that pesticides contain toxic chemicals that in some instances can cause birth defects in children whose parents were exposed through agricultural work. Parents whose work requires direct contact with pesticides, as well as those who live in close proximity to agricultural areas, are at a high risk of exposure to toxic chemicals leading to birth defects and complications.

How Can Galiher DeRobertis & Waxman Help?

While we are not doctors, our lawyers work with highly-qualified scientific and medical professionals to determine if a reported birth defect is related to a parent’s exposure to pesticides. Our lawyers are experts in successfully representing families injured by defective products and corporate negligence. We provide free initial consultations and will meet with you to evaluate your claim with no obligation on your part. If your child has pesticide-related birth defects, he or she may have a claim against the company responsible for that pesticide exposure. Please get in touch with us for a free case evaluation and learn more about your legal options.

America remembers Cezar Chavez’s work to fight for the lives of farmworkers and the working poor.

On March 31, the United States recognizes Cesar Chavez Day as an opportunity to celebrate the lasting legacy of civil rights leader and labor activist Cesar Chavez. A farm worker himself, Chavez later went on to become co-founder of the National Farm Workers Association.

Perhaps most famously known for the coining the phrase “Sí, se puede” (“Yes, one can” or “Yes, it can be done”), remembrance of Chavez and the values that he stood for continues to have meaning for people across the United States, particularly for those who have connections to farmworkers or have ever experienced disenfranchisement.

For the Common Good

A commonwealth is defined as a political community founded for the common good. Chavez’s ”Commonwealth” speech given November 4, 1984, laid out his vision for farm workers and Latinos in general—a vision of hope. However, it also highlighted the extreme disparity between farmworkers and the people for whom they work while simultaneously raising the question of whether the United States truly is a commonwealth for all. At the time, thousands of farmworkers were living “under savage conditions”:

• Babies born to migrant workers suffered 25% higher infant mortality than the rest of the population.
• A farmworker’s average life expectancy was 49 years—compared to 73 years for the average American.
• Child labor was common in many farming regions.
• Malnutrition among migrant worker children was 10 times higher than the national rate.

It has now been over 30 years since the “Commonwealth” speech was delivered, but workplace pesticide exposure remains an issue as pesticides have harmful effects on the body including:

• Decreased fertility
• Spontaneous abortion
• Stillbirth
• Birth Defects
• Developmental abnormalities

When farmworkers, such as pickers and harvesters, enter the fields after they are sprayed but prior to the pesticides settling, the farmworkers are at high risk for coming into direct contact with pesticide residues which can lead to absorption. Likewise, airborne pesticides can easily be inhaled.

Cezar Chavez’s dream was “to overthrow a farm labor system in this nation which treats farm workers as if they were not important human beings.” Because of the nature of their work, pickers and harvesters are some of the first people to exhibit signs of pesticide poisoning when safety precautions are lacking.

Farmworkers depend on farm owners and labor contractors to implement safe handling rules and provide a safe environment in which to work.

Galiher DeRobertis & Waxman Fights for Justice

“Now is the time for all of us to stand as a family and demand a response in the name of decency. Too much is at stake. This is a battle that none of us can afford to lose because it is a fight for the future of America. It is a fight we can win and it is a fight that everyone can join.” -Cesar Chavez

Galiher DeRobertis & Waxman believes that justice is for all, and as such works to provide representation that will fight to see justice done. No one should have to risk the health of their unborn child while working.

Farmworkers on commercial farms are no different. Farm owners and labor contractors have a responsibility to keep laborers safe, but all too often that responsibility is neglected. Those who were exposed to pesticides and had a child with birth defects deserve justice.