Topic: Birth Defects

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.”

History shows a chemical once used in Hawai‘ian pineapple fields has been seeping into Maui water wells.

Pineapple, the fruit that many say wears a crown, has a lasting legacy that may not appear as beautiful as its golden flesh. If one spends time tracing history, you may see what some refer to as a troubling pattern of contradiction in reference to the pesticide-contaminated wells of Maui, Hawai‘i. Here is a brief recounting of the timeline.

1950s Dibromochloropropane Development

Dibromochloropropane (DBCP) belongs to a class of pesticides called persistent organic pollutants (POPs).  POPs, such as DBCP, remain in the environment for extended periods of time and can be harmful to human health. DBCP was specifically developed for use in Hawai‘ian pineapple fields and became the preferred method of controlling nematodes, or root worms. Health hazards linked to DBCP include kidney and liver damage, infertility, testicular atrophy, and potentially cancer.

1977 Dibromochloropropane Ban

California banned all further uses of DBCP, citing concerns over health effects on exposed workers. It was also known to cause cancers in test animals and was suspected of causing cancers in humans. Workers exposed to DBCP were experiencing reduced fertility and lower sperm counts. Not long after California implemented its ban, the Environmental Protection Agency (EPA) announced a schedule for phasing out most uses of the pesticide. Hawai‘i pineapple plantation owners conducted special pleadings with the highest officials in state government, and the use of DBCP was allowed to extend past 1981.

1979 Dibromochloropropane Levels in Water Tests

Water quality tests show DBCP in five out of 10 sites around Hawai‘i ranging from 0.26 parts per billion (ppb) to 2.23 ppb. In comparison, drinking water sources in to California were being closed when concentrations greater than 1 ppb were found. Local residents were not aware of the testing.

1981 Dibromochloropropane Ban is Lifted

A settlement was reached on appeal lifting the EPA’s ban on DBCP and putting in place strict protocol for continued usage. Although the EPA administrator who overrode the initial recommendation said that EBCP “does not result in unreasonable adverse effects to man or the environment,” field workers were required to wear full-body protective gear and applications had to occur at least 270 days before harvest. The EPA administrator is quoted as saying, “I find that the economic benefit to Hawai‘ian pineapple growers outweighs the remaining risks associated with the use of DBCP.

1985 Maui Residents Reject Continued Use of DBCP

A joint panel reports that 15 pineapple fields could be treated with DBCP, with little likelihood that further water contamination would result. During a lengthy public meeting on the matter, most speakers testified in fervent opposition to continuing use of DBCP. Many of the Maui residents complained that their island was to become the dumping ground for a chemical deemed too dangerous for use elsewhere in the United States.

1986 Remaining DBCP Stock Is Shipped Out

The last stocks of unused DBCP known to remain on the islands were shipped out through a hazardous waste disposal company.

While use of DBCP on Maui effectively ended in 1984, tons of the chemical remain in the soil. According to studies done at the University of Hawai‘i Water Resource Research Center, DBCP and ethylene dibromide (EDB) can and do work their way through the topsoil, through the underlying basalt, and into the freshwater lenses that serve as drinking water sources.

1992 DBCP Turns Up In Maui County Water Well

DBCP was found in a well that supplied Maui County’s water system with some levels above the state maximum contaminant level.

1994 Discontinue Use of the Well

Department of Health directs Maui County to discontinue use of the well at Napili.

2003 DBCP Continues to Exceed Safe Levels

Testing of the wells shows high levels of DBCP at 230 parts per trillion. The maximum containment level for DBCP in Hawai‘i is 40 parts per trillion.

How are Birth Defects Caused by Pesticides?

Pesticide residue can be inhaled, ingested, or absorbed through the skin. When a future parent is exposed, the toxin can damage his or her chromosomes. If a child is conceived before or soon after the mother or father is exposed to pesticides, the unborn child may inherit abnormal DNA and later suffer from a birth defect. Pesticides have been known to cause a number of illnesses in humans:

• Spina bifida
• Gastroschisis
• Heart defects
• Reproductive disorders
• Deformed or missing limbs
• Reduced fertility and infertility
• Testicular atrophy and lower sperm counts
• Developmental delays and neurological problems

Research has linked many of these birth defects and illnesses to pesticides once heavily used on the old sugar and pineapple plantations as well as other crops.

Inland waters are thought to be polluted by nearby facilities operated by international agrichemical firms.

As the waves continue lapping onto the western shores of the Hawai‘ian island of Kauai, there is increased concern by local residents that these seemingly beautiful waters are full of more than just fish. The inland waters where children surf and swim and subsistence fishermen rely on their catch to take care of their families is thought to be polluted by nearby facilities operated by the international agrichemical firms Syngenta and DuPont-Pioneer. The biotech giants BASF and Dow also operate in the area, and Monsanto has facilities elsewhere in the state as well. On Kauai, the four companies take advantage of the island’s former sugar and pineapple plantations and three growing seasons to develop and produce varieties of seeds that are bred or genetically engineered to resist pests and pesticides and increase yields.

But high demand on the mainland has made biotech corn and other seeds one of Hawai‘i’s top agricultural commodities. Hawai‘i is the world’s leading producer of corn seed, which accounts for 96 percent of the state’s $247 million biotech agriculture industry, according to the Hawai‘i Crop Improvement Association, which represents biotech companies. Virtually every genetically engineered seed variety has spent some time in development on a Hawai‘ian island.

How does Pesticide Exposure Occur?

The once ubiquitous sugar plantations and pineapple farms of old have given way to biotech companies and the agrichemical business. Because the GMO seeds they produce on Kauai are not considered food items, the agrichemical companies are allowed to use more pesticides than traditional farmers. When these pesticides are sprayed over crops, the pesticides can become airborne and blown by the wind away from the intended agricultural field. This is called pesticide drift. The pesticide drift can be carried downwind into nearby neighborhoods contaminating homes and exposing residents to toxic chemicals.

Some of the 22 restricted-use pesticides in use on Kauai, such as atrazine, are linked birth defects and other to serious health problems and are banned in European countries, and federal law requires that they be applied by or under supervision of workers with special training.

Other exposures are a result of contaminated dirt. Some agricultural fields are often sprayed with pesticides, even when they lay fallow. This is especially true of the genetically modified organism (GMO) agricultural fields throughout Hawai‘i where GMO seeds are produced and where genetically engineered corn, soy bean, and other GMO crops are grown. When the wind blows, it kicks up the loose top soil and lingering pesticide residue from these fields. This toxic dirt is blown into the communities that border the agricultural fields, again contaminating homes and further exposing the families that live there.

What are the Effects of Pesticide Exposure?

The American Academy of Pediatrics has released a statement on children and pesticide exposure, citing scientific evidence linking early life exposure to pesticides to preterm birth, neurological defects, low birth weight, asthma and cancer. Representatives for the biotech companies have said repeatedly that pesticide applicators follow federal and manufacturer guidelines to prevent exposure to the public and use the chemicals only when necessary.

Local doctors report seeing more than 10 times the national rate of birth defects, like heart malformations, in the state of Hawai‘i and say that more study is needed. However, many of the pesticides being heavily used on Kauai, Maui, and throughout the neighbor islands have been linked to a number of birth defects including:

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

To date, some residents report seeing whole streets where children have birth defects. As such, locals continue their efforts in raising awareness and support for their campaign to hold the biotech companies accountable and to make the west side of Kauai a better place for their children.