Birth Defects from Opioid Use: Possible Compensation, Assistance and More

The opioid epidemic facing America today has claimed far too many victims, with no sign of an end or resolution in sight. While communities and institutions have been strained financially trying to stop or cope with the problem, a new group of victims has recently emerged that’s been tragically impacted. Babies born with birth defects from opioid use are a new class of victims, increasing in numbers, with unique challenges requiring immediate and ongoing care. Though news stories have emerged over time, highlighting the challenge opioid addiction can have on a family and pregnant mothers, more needs to be done, and quickly for these children and their families.

First and foremost, the legal rights we are discussing today do not in any way involve shaming or criticizing mothers or families touched by addiction. The ongoing opioid epidemic has instead clear ties to the shameful indifference of drug manufacturers who preyed upon these unwary mothers and pushed these substances into consumer hands, without adequate warnings, through manipulative marketing and incentivizing (with bribe-like activity), over prescription by doctors. The timeline of the opiate crisis is complete with warning signs, shameful and harmful acts by drug manufacturers, and more. Our focus with this overview is to make clear that babies born with birth defects from opioid use are voiceless victims who deserve to have a future, and to be the best that they can be.

Treatment and care for mothers who use opioids, including during their pregnancy, do exist. While those programs can include daycare or oversight while the mother is receiving care, they do not represent a ‘fix’ for the health issues the child impacted by opioid use may now face.  As we will discuss later, there are now legal options that can provide a child born with birth defects from opioid use an opportunity to overcome or limit health conditions caused by this great tragedy. Opioid claims by adults, insurers, municipalities, etc., often focus specifically on the present-day financial troubles, but the issues newborns and children face are far different. It is critical, therefore, that the public understand the true severity and challenges associated with this addiction, so that it is clear why compensation from a lawsuit can be so critical to the child and family.

No matter your perspective or opinion on drug abuse or addiction, everyone can agree that babies born with birth defects from opioid use, and their ensuing health issues, never had a choice in the matter. According to a recent study, babies with an opioid addiction are born now every 15 minutes. What makes that statistic even more jarring is that the CDC, in 2016, estimated that number to be 25 minutes, demonstrating a far too rapid increase in frequency, no matter which numbers you choose to use. It may also mean, as reported here, that the opioid epidemic is creating new victims at an alarming rate.

Health problems that can emerge for babies born with birth defects from opioid use include:

• Neonatal abstinence syndrome – a health condition marked by symptoms similar to drug withdrawal, including tremors, sleep issues, high-pitched crying and irritability
• Strabismus – commonly referred to as ‘lazy eye,’ this condition emerges in the first three years after birth
• Spinabifida – a defect near the spine resulting in harm to the spinal cord and nerves, resulting in potential physical and intellectual damages
• Hydrocephaly – water on the brain that can be tied to severe mental delay and conditions including Cerebral Palsy
• Glaucoma – condition tied to damage to the optic nerve in the eye
• Gastroschisis – a defect where the intestines come out of the abdomen due to a hole in the abdominal wall
• Heart defects, including pulmonary valve stenosis,ventricular and atrial septal defects, or Tetralogy of Fallot
• Undiagnosed problems with milestones/development – including mental development, speech/language and motor skills

Fortunately, there may be new options available to help babies born with birth defects from opioid use live a healthier and fuller life. As we have seen throughout our near forty history of helping children who suffer birth injuries, early intervention medical care can be a critical path to limiting the impact of early harm to a baby. However, that care can be extremely costly.

Recently, emerging developments out of the ongoing litigation over the opioid epidemic is good news for those caring for a child facing these hardships. The Court in the pending opioid litigation has recognized that babies born addicted to opioids, as well as those children who experienced birth defects due to their mother’s use of opioids during pregnancy, may be entitled to substantial compensation. This news is significant because it demonstrates the importance that those involved move quickly to protect their rights, and the rights of their children, regardless of the child’s age.

Unlike the more typical opioid lawsuits that are being filed, claims filed on behalf of babies born with birth defects from opioid use will seek to recover the compensation needed to cover costs associated with care and treatment now, and for years to come.  Our litigation does not center on quick settlements, with no connection to the child’s needs over a lifetime of required care.  Instead, an award from the Court is used to establish a trust focused solely on helping babies born with birth defects from opioid use recover the compensation required for ongoing treatment, therapy, medication, food, housing, transportation and much more, to limit the challenges to come. That means this compensation targets the problems created by the opioid addiction, and provides help and hope for the child, and family, for years to come. Because of this, there is absolutely no reason for a family to ignore an ability to receive a free consultation about their child’s rights – as the doors such funding can open could be life-changing and is absolutely worth the time required to pick up the phone and call our firm.

If you or a loved one has a child harmed by opioid exposure during pregnancy, it is critical that you seek out the proper health care to ensure the best possible outcome for your child. Then, as noted, babies born with birth defects from opioid use do have legal rights and a lawsuit on their behalf can help secure the financial compensation needed for years of future required care and support. Time may be limited, though, as the current opiate litigation is ongoing and moving forward; unknown factors like a drug manufacturer declaring bankruptcy could absolutely impact your ability to secure these funds if you wait too long. Please contact our offices as soon as possible so that we can protect your child and ensure that help comes without delay. To speak with a team member, call (844) 808-7529 or fill out our online form. We hope to speak with you soon to help in every way that we can!