Class-action lawsuits are not uncommon in the birth injury context. When our Chicago injury lawyer refers to birth injuries we include a wide range of harms that befall the youngest members of our society (and their mothers). Most of our involvement in these cases stems from medical providers who fail to respond properly to traumatic births. However many birth injury lawsuits involved wildly different circumstances, including those that have nothing to do with a hospital or medical teams. Negligence law is flexible in that any party may potentially be liable for harm that they cause to others, including unborn children.
Many of the cases not involving problems during a delivery are class-action lawsuits. Class action suits are those filed on behalf of a class of people-not just one person. They allege that the actions of the defendant hurt all of those in the class in substantially similar ways. Class action lawsuits are efficiency tools that allow mass wrongs to be handled in a streamlined way. When birth injuries are involved, the lawsuits generally refer to instances of a defendant who engages in certain conduct that increases the risk of harm to unborn children.
Most class action birth injury lawsuits involve one of two issues: unsafe medication or environmental pollution. Many drug companies have been sued after evidence was uncovered that use by pregnant women led to certain problems which the company knew about, should have known about, or should have properly warned about. Environmental class action lawsuits also can have birth injury components, because when young children or pregnant women are exposed to the unsafe pollutants, significant harm can result.
Environmental News actually reported this week on a new pollution-related class action lawsuit filed on behalf of 1.2 million residents living near Southern California freeways. Part of the harm alleged in the complaint which initiated the suit was the effect on unborn children in the area. The plaintiffs noted that children were more likely to be born with low birth weight and suffering from asthma as a result of the pollution in the area.
The lawsuit was filed by Physicians for Social Responsibility-Los Angeles, the Natural Resources Defense Council, and Communities for a Better Environment. At the heart of the matter are allegations that the Environmental Protection Agency failed to even conduct basic monitoring operations to determine that amount of pollution coming from L.A.’s heavily trafficked roadways. The suit was filed on behalf of all those who lived within 300 yards of a freeway in the area. According to the suit, the EPA violated federal law by allowing the local air quality management district to ignore high pollution levels. Local residents have suffered as a result.
Our Chicago birth injury lawyers are proud to represent victims of all forms of harm caused by the inappropriate actions of others. If you or a loved one has been hurt because a doctor or other third party did something that caused birth complications, then consider visiting a legal professional to learn about your options. It is important that the young victims in these situations have access to the resources they need to recover from their injuries as much as possible.
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