Topic: 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.

People are taking sides in the debate focusing on connection between pesticides and birth defects.

The question of whether pregnant women who live and/or work around high levels of pesticide use, particularly on Kauai’s Westside, should be concerned about birth defects continues to be a contentious topic for debate, but the science is mounting against agribusinesses. Chemical companies have relocated to Hawai‘i, and where sugar cane and pineapples once grew, one can now find corn fields that are regularly sprayed with large doses of pesticides.

What is Science Saying?

According to the American Academy of Pediatrics, “epidemiologic evidence demonstrates associations between early exposure to pesticides and pediatric cancers, decreased cognitive function, and behavioral problems.” Likewise, a study looking at agrichemicals in surface water and birth defects in the United States found that a significant association was found between the season of elevated agrochemicals and birth defects.” Physicians at Kauai Veterans Memorial Hospital, on Kauai’s Westside, believe there may be up to “10 times the national rate” of certain rare birth defects in newborns delivered at the hospital.

While agrochemical companies that use, manufacture, and sell pesticides tout that there is no evidence of a higher incidence of birth defects on Kauai or anywhere in Hawai‘i, it must be noted that these companies have a vested interest in ensuring their profits and protecting themselves from potential litigation.

The State Department of Health (SDOH) has found evidence of pesticide drift (when pesticides sprayed over crops become airborne and are blown by the wind away from the intended agricultural field) when testing. In addition, when testing streams on Kauai, SDOH found atrazine and glyphosate, and when testing the air at Waimea Canyon Middle School, they found chlorpyrifos, a Restricted Use Pesticide and known neurotoxin. While the amounts found were small, the point is that there should be none at all.

It should also be noted that in Hawai‘i, those who apply Restricted Use Pesticides in fields near communities, parks, schools, and roadways, are not required to disclose which pesticides they are applying, the location, date or time, in which they are applied. This is all data that can be utilized when trying to make an informed decision regarding one’s health.

How can Galiher DeRobertis & Waxman Help?

Galiher DeRobertis & Waxman has been receiving increased attention as a result of our commitment to fighting for families with pesticide related birth defects. 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 at 1-866-998-TOXIC (6942) and learn more about your legal options. Our team will begin working immediately and aggressively to obtain the best result for your case.

Study shows direct connection between pesticide exposure and risks beyond poor pregnancy outcomes.

According to a recent study, women who ate more fruits and vegetables containing high amounts of pesticide residue were less likely to get pregnant or have a live birth following infertility treatments. In comparison with women who ate less than one serving per day of high pesticide residue fruits and vegetables, women who ate two to six daily servings had an 18% lower probability of clinical pregnancy and a 26% lower probability of live birth.

How Pesticides Enter Our Bodies

Fruits and vegetables provide vitamins, minerals, antioxidants, and other necessary nutrients to the general population, but according to an article published in a January 2018 issue of JAMA Internal Medicine , fruits and vegetables  also serve as the primary way that pesticides enter the human body. Studies have in fact shown that some agricultural pesticides have harmful effects on the body including decreased fertility, spontaneous abortion, stillbirth, and developmental abnormalities.

In an editorial, Philip Landrigan, MD, of the Icahn School of Medicine at Mount Sinai in New York City, said, “The observations made in this study send a warning that our current laissez-faire attitude toward the regulation of pesticides is failing us. We can no longer afford to assume that new pesticides are harmless until they are definitively proven to cause injury to human health.” Dr. Landrigan goes on to emphasize the importance of truly understanding the pesticide industry and how it works and strengthening requirements for both pre- and post-market testing of how these pesticides affect the human body.

Pesticides do not only enter the body through direct consumption, however. While sprayed pesticides land on directly-specified crops, pesticide drift can result in pesticides traveling beyond the confines of the intended crops.

Pesticides and the Community

Agricultural companies are big business in Hawai‘i. According to the Hawai‘i Crop Improvement Association, the agricultural industry accounts for $260+ million of the state’s GDP. However, the pesticides that the companies utilize on genetically modified organisms (GMOs) such as corn and soybeans, have the potential to affect anyone who lives, works, or plays in close proximity to the agricultural area. Exposure to these pesticides can result in birth defects in children whose parents were exposed through pesticide drift and ground water contamination.

Workers with occupational exposure to pesticides have a significantly greater exposure rate than the rest of the population. Farmworkers in particular depend on farm owners and labor contractors to provide a safe working environment for them in which to work. The United States requires that pesticides with the highest toxicity potency known as “restricted use” pesticides only be handled by people with certification in the safe handling of these chemicals. Migrant and/or seasonal workers rarely have sufficient training with these chemicals, and as such, are often disproportionately affected by the adverse health effects of these restricted pesticides. In turn, their children run the increased risk of birth defects related to toxic exposure.

Pesticides can be breathed, absorbed through the skin, or ingested from food or water.  Any which way, there is the possibility of damaging the mother’s or father’s chromosomes and leading to abnormal DNA in the baby if parental exposure occurs before or soon after conception. Pesticides used in Kauai, Maui, and other neighboring islands have been linked to the following birth defects:

• Serious cardiac conditions or heart defects
• Limb abnormalities and missing limbs
• Spina bifida (birth defect of the spine and spinal cord)
• Gastroschisis (birth defect of the abdominal)

An end-goal of damage reduction leads the EPA and three major biotech firms to agree to stricter regulations for a popular herbicide, but is it enough?

The Environmental Protection Agency (EPA) has reached an agreement with agricultural and chemical manufacturers, including Monsanto, to reduce damage caused by a weed killer that can drift and hurt nearby crops, deciding that new requirements were appropriate. But, some scientists aren’t so sure that it goes far enough.

According to the new agreement, products made with the weed killer dicamba must have their labels altered to “restricted use.” Now, anyone who uses it will need special training or supervision and a certification that complies with EPA standards. In addition, record-keeping in relation to usage will be required.

But an NPR article reports that weed scientists from across the Midwest are worried and wish that they had been allowed to do more testing prior to the herbicide going to market.

Dicamba, a weed killer, is used on cotton and soybeans grown from genetically modified seeds. Genetically modified soybean seeds were designed by biotech firms to be resistant to dicamba, allowing it to be applied to fields to kill weeds later in the growing season. Reuben Baris, the acting chief of the herbicides branch of the EPA, said that 2,708 complaints had been reported to state agriculture officials about dicamba crop damage as of mid-October of this year.

What is the Issue for Farmworkers?

The issue is pesticide drift and volatility of the product. Pesticide drift can occur when a pesticide is sprayed in the air over one field and then carried by wind to another field. Farmworkers and plants in the nearby field, unaware that they are being exposed to this harmful pesticide, are left defenseless to protect themselves. When a pesticide is volatile, it can quickly vaporize becoming far more dangerous than a sprayed mist that drifts from its intended target.

The newly reached agreement calls for limiting the application of dicamba to when conditions aren’t windy, along with other provisions, according to the EPA. However, Arkansas farmers who filed suit against the company claim Monsanto knowingly misrepresented the safety of dicamba and that the herbicide caused “significant harm” to the soybean crop in Arkansas and other states in both 2016 and 2017.

Bob Scott, a weed scientist at the University of Arkansas, along with other colleagues performed dicamba field tests over the summer. The weed scientists found their worst fears discovered, the dicamba was evaporating from the soil and damaging nearby vegetation that had not been sprayed.

What are the Health and Safety Issues?

Pesticides and herbicides don’t just have the possibility of harming plants; they can harm people as well. Many contain toxic chemicals that can cause birth defects in children whose parents were exposed through commercial agricultural work, groundwater contamination, or airborne drift. Parents who work in the fields for the farming industry — or simply live near an agricultural area — are at high risk of exposure to toxic pesticides and herbicides used on the fields. Pesticides may damage the parents’ chromosomes and lead to birth defects among children who are conceived during or just after exposure. Birth defects and complications linked to pesticides include:

• Brain cancers
• Endocrine disruption
• Neurological disorders
• Lower birth weight and size
• Premature death

Consumers and individuals depend on companies catering to the commercial farming industry to make safe products and to provide warnings when necessary. However, it is the responsibility of labor contractors and farm owners to provide a safe working environment for their laborers and farm workers. The labor contractors and farm owners are frequently aware that chemicals used on their fields can be a cause of birth defects, but may fail to adequately warn or protect the workers from these dangers. No one should have to be exposed to hazardous pesticides due to an unsafe work environment.

With regards to the hazards of dicamba, Scott reportedly told NPR that ‘If this [dicamba] were any other product, I feel like it would be just pulled off the market, and we’d be done with it.”