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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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