Can myemployer be held responsible for my daughter’s birth defect ifI was not moved to as safer work location during my pregnancy?

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Can myemployer be held responsible for my daughter’s birth defect ifI was not moved to as safer work location during my pregnancy?

I am a pharmacy tech at a warehouse pharmacy. We dispense several chemo and cytotoxic drugs that cause birth defects. My daughter was born with a birth defect – a moderate size hole in her heart. The previous company that owned us would move people who where pregnant to a different part of the building. I told my employer that I was pregnant but was told it would be OK to stay where I was. Should I speak with a personal injury attorney? In Hendricks County, NV.

Asked on March 28, 2011 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you should speak with a personal injury attorney. If you were exposed to dangerous drugs that can cause birth defects you may indeed have a cause of action. Several issues to consider:

1) Can you prove exposure? And what level of exposure?

2) Can you show that *this* birth defect is a known or accepted consequence of this exposure?

3) Can you show that you informed your employer both that you were pregant and that you wanted to be moved?

4) Were there other causes that could have caused or contributed to the defect--e.g. family medical history, medications you were taking, etc.

5) Were you also careless or negligent in some way--e.g. did you not wear gloves to handle pills, though you should have?

As you can see, there are alot of factual issues that affect the existence and strength of a claim. A personal injury attorney can evaluate the circumstances to see what sort of a claim, and how strong, and worth what, you may have.


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