Birth Defect Lawyer

A parent may not even know their child has suffered a defect in many cases until sometime during the first year of their life, but birth defects can be identified before birth or several years after they are born. The defect can be visible to a physician or parent, depending on what type of defect the baby has. Tests or other diagnostic procedures may be required to determine the severity and presence of the defect.

The following are common types of birth defects as reported by the CDC:

• Neural Tube Defects (NTD): An infant’s neural tube affects their brain, spinal cord, or spine. These conditions can be debilitating, and in some cases, life-threatening. Some common examples include spina bifida and anencephaly. Spina bifida affects the bones surrounding an infant’s spinal cord, while anencephaly occurs when an infant is born without parts of the brain or skull. About 3,000 NTD pregnancies occur each year in the United States.
• Cleft Palate or Cleft Lip: These defects occur when an infant’s lip or mouth doesn’t form properly during pregnancy and are known as orofacial clefts. In the United States, it is estimated that 1 in every 1,600 babies is born with cleft lip with cleft palate.
• Congenital Heart Defects: CHDs, or congenital heart defects, affect the function and structure of a baby’s heart and are one of the most common types of birth defects. The CDC estimates that around 40,000 babies are born with this defect each year. These defects are present when the child is born. A quarter of all infants born with congenital heart defects require surgery. There are several different types of CHDs, including ventricular septal defect, transposition of the great arteries, pulmonary atresia, hypoplastic left heart syndrome, atrioventricular septal defect, and atrial septal defect.
• Down Syndrome: Down syndrome results from an infant having an extra chromosome, which can affect how their body or brain develops as they grow older. Children often experience physical and mental difficulties. The CDC reports that 2 out of every 700 infants, or over 6,000 babies, are born with this condition every year.

While the exact cause of most birth defects is still unknown, medical professionals stress that mothers-to-be should be extremely careful about being exposed to certain environmental elements or taking particular medications.

The following environmental toxins have been linked to adverse health effects for babies, including:

• Mercury
• Lead
• PCBs (banned substance)
• Bisphenol-A (BPA)
• Solvents
• Phthalates
• Perfluorochemicals

Some medications linked to more severe birth defects include:

• ACE inhibitors
• Bismuth subsalicylate (such as Pepto-Bismol)
• Opioids
• Certain nasal decongestants and cold medicines (phenylephrine and pseudoephedrine)
• Drugs used to treat depression, including selective serotonin reuptake inhibitors (SSRIs)
• Isotretinoin (such as Amnesteem and Claravis)
• Retinoids such as Accutane

In addition to over-the-counter medications and prescriptions, tobacco and alcohol have also caused birth defects in infants. If you are thinking about becoming pregnant or are already expecting, you need to discuss any medications you are taking with your physician.

When selecting a law firm, you need to look for attorneys who have experience dealing with birth defect cases. They must also have the resources to hold powerful industries accountable for exposing a woman to harmful chemicals that caused their child to develop a birth defect. Our experienced birth defect lawyers at The Eichholz Law Firm are here to help families seek the answers and justice they deserve. We have been representing families in many types of lawsuits for over four decades. Our birth defect lawyers have represented families in a variety of birth defects and birth injury cases.

Our attorneys will review your case at no charge. Once you retain our legal services, we will consult medical and scientific experts, such as occupational medicine physicians, embryologists, geneticists, epidemiologists, and toxicologists.

Birth defect cases require a dedicated lawyer who is willing to put in the time to resolve your case. They can solve most of the complexities involved in your lawsuit so you can spend more time with your child.

You can expect the following to happen after your lawsuit has been filed:

• Your attorney will ask the defendant to negotiate a settlement to avoid a trial.
• The defendant’s attorney, along with your lawyer, will exchange information related to the case and your infant’s defect.
• You and other witnesses or loved ones may be required to provide testimony or give statements regarding the situation as it pertains to the defect.
• If both sides are unable to negotiate a settlement, the case will head to trial. The dates of the trial will depend on several factors, such as the court’s schedule.
• The judge and jury will review the evidence and hear testimony from both sides during the trial. The jury will then deliberate on whether to charge the defendant with negligence.

The experienced birth injury lawyers at the Eichholz Law Firm have the experience and resources necessary to investigate your case and determine if medical malpractice or defective products caused your child’s birth defect.