Birth Defects and Solvents

Lawyers championing birth defect victims nationwide

Thornton & Naumes, LLP in Boston, Massachusetts aggressively litigates legal claims on behalf of children born with major malformations and other serious birth defects caused by exposure to solvents containing toxins that are hazardous to reproduction.

The firm pursues claims against companies in many industries, including furniture making, industrial manufacturing, scientific laboratories, and others where workers are exposed to toxic chemicals.

It is well-established in scientific literature that certain toxic chemicals can travel through the placenta and affect the unborn child, especially during the first trimester of pregnancy. Literature also supports claims based on pre-conception exposure of either the mother or the father. Such exposures permit us to file a legal action on behalf of a child with birth defects directly against the child’s parent’s employer for unsafe working conditions, and claims against the manufacturer and supplier of the damaging industrial solvents.

Further, parents may have substantial loss-of-consortium claims against the manufacturer and supplier because of the long-term disability suffered by these children.

Background on birth defects

A major congenital (at birth) malformation is perhaps the most catastrophic, long-term, debilitating injury a human being can suffer. Birth defects are major abnormalities of the body’s structure or function that result in physical or mental disability or death. Many children do not survive birth defects—they are the sixth leading cause of death in the United States. Between 120,000 and 250,000 newborns, or 3.5% to 8.8 % of all babies born in the United States, suffer from birth defects.

The major categories of birth defects and their incidence are:

• Orofacial clefts 6,800 infants/annually
• Cardiovascular defects 6,500 infants/annually
• Central nervous system 1,500 infants/annually
  • Spina Bifida
  • Cerebral Palsy
• Other structural birth defects 5,000 – 8,000 infants/annually

Often, children with a major structural birth defect also suffer from significant related developmental disabilities. Indeed, high percentages of children with Cerebral Palsy or mental retardation have been found to have structural defects. Although surgery is available to correct or improve certain cosmetic aspects of birth defects, such as cleft palates, as well as certain cardiac conditions, many birth defects, such as those related to the central nervous system, are not fixable by surgical or other medical intervention. The result is a permanent disability. Children who do survive often spend their adult lives living with family members or in assisted care facilities.

Causes of birth defects

Recognized causes of birth defects include:

• Genetics
• Maternal conditions, infections, deformities
• Chemicals
• Alcohol
• Drugs
• Other external agents exposures (teratogens)

Epidemiologic studies, animal studies, and case reports strongly support the causal relationship between birth defects and exposure to chemicals contained in industrial solvents heavily produced in this country. These studies most strongly associate solvent exposure to the following types of birth defects:

• Cleft palate and cleft lips
• Neural tube defects
  • Anencephaly (underdeveloped or malformed brain)
  • Spina Bifida
• Other central nervous system defects
  • Hydrocephalus (fluid in the brain)
  • Cerebral Palsy
• Cardiovascular defects
• Digestive anomalies

Occupations with significant exposure to solvents containing teratogens

Based upon an analysis of data on industries utilizing large quantities of organic solvents likely to contain teratogens and the published epidemiology to date identifying elevated rates of various types of birth defects in certain occupations, Thornton & Naumes has identified the following industries and occupations as the most likely source of birth defects from chemical exposures:

• Furniture making
• Manufacturing of industrial machinery and equipment
• Medical and scientific laboratories
• Commercial printing
• Cosmetology and hairdresser products
• Plastics industry
• Textile industry

Teratogen toxicology

Epidemiological and toxicological information indicates that the hazardous chemicals contained in industrial solvents that are teratogenous and most strongly associated with birth defects are:

• Glycol ethers
• Alphatic chlorinated hydrocarbons
  • Tricholoretheylene
  • Percholethylene
  • Dichlorethane
• Aromatic hydrocarbons
  • Benzene
  • Tolulene
• Ethanol
• Alcohol

Animal studies are the primary method of classifying industrial solvents as teratogens. One-third of industrial solvents tested were found to be teratogens in laboratory animals. Animal studies have established that the route of exposure is particularly critical in determining whether the solvent is teratogenic.

Epidemiologic evidence linking solvents to birth defects

Since the late 1970s, epidemiological studies have found associations between birth defects and exposures to industrial solvents used in different occupations. The studies demonstrate a strong positive association between exposure to glycol ethers and congenital malformations.

The leading study was conducted in six regions of Europe involving 984 cases of major malformation (cleft lips and neural tube, cardiovascular, CNS, and musculoskeletal defects). Researchers found that the risk of birth defects was 1.4 times higher for women exposed to glycol ethers in a variety of occupations versus controls (Cordier et al, 1997). In a prior study, Dr. Cordier also found a 4.5-fold increased risk of congenital malformations following maternal exposure to solvents, predominantly in occupations involving cleaners. (Cordier, 1992).

Exposure to aliphatic chlorinated hydrocarbons such as trichloroethylene, percholorethylene, and dichloroethane has been associated with cardiac birth defects in numerous animal studies (Johnson et al., 1998). Additionally, research on human populations has shown a greater than expected number of infants born with heart defects in areas where drinking water was contaminated with trichloroethylene (Goldberg et al., 1990). In another large study, researchers found an increased incidence of cardiac malformations in children born to mothers who lived in areas with water contaminated with dichloroethylenes and dichloroethanes (Bove et al., 1995).

Research conducted in the San Francisco Bay area has shown that the presence of birth defects correlates with the level of industrial pollutants. The study found that infants there have 1.5 times the risk of being born with a malformation of the heart (Shaw et al., 1992). Of significance is that the specific defects found in the human studies are consistent with those cardiac defects observed in the animal studies.

Maternal occupational exposure to organic solvents like toluene, benzene, and xylene is significantly associated with malformations at birth, according to epidemiological literature. In a large meta-analysis of 559 studies, the authors concluded that maternal occupational exposure to organic solvents is associated with an increased risk of major malformations (McMartin et al., 1998).

A case-report study found that children born to women who inhaled toluene while working throughout their pregnancy all manifested some common birth defects, including microcephaly, CNS dysfunction, and minor craniofacial and limb anomalies (Hersh et al.,1985). Other case reports and epidemiological studies show that exposure to organic solvents (toluene, benzene, and xylene) while working increases a mother’s risk of having a child with a congenital defect.

Current solvent litigation

In addition to nearly 100 cases filed by Thornton & Naumes involving birth defects and parental solvent exposure in the semiconductor manufacturing industry, we are currently litigating cases involving birth defects arising from exposures in scientific laboratories, furniture making, and heavy machinery manufacturing.

Our experience has convinced us that further litigation is warranted to expose this largely overlooked public health hazard and to provide relief to the segment of our population in the greatest need of it.

Trust our birth defect attorneys to help

Contact the Boston law firm of Thornton & Naumes online or at 1-888-491-9726 for a free consultation with a recognized leader in toxic tort and birth defect litigation. You have nothing to risk. We offer a fair and accurate assessment of your case, and, perhaps, some hope.