Cleft lip and cleft palate are among the most common birth defects, affecting thousands of infants in the United States each year. While some cases occur due to genetic factors, others may result from medical negligence, pharmaceutical drug exposure, or environmental toxins. When a preventable cause leads to a birth defect, parents may be entitled to financial compensation for medical expenses, corrective surgeries, and emotional distress.
A San Diego cleft lip and cleft palate defects lawyer can help families pursue legal claims against negligent doctors, pharmaceutical companies, or corporations responsible for toxic exposure. If your child’s cleft defect was caused by preventable factors, an experienced birth defect attorney can help you fight for justice.
What Are Cleft Lip and Cleft Palate Defects?
A cleft lip or cleft palate occurs when a baby’s mouth or facial structures do not develop properly during pregnancy.
- Cleft lip – An opening or gap in the upper lip, which can range from a small notch to a large separation extending to the nose.
- Cleft palate – An opening in the roof of the mouth, affecting the hard or soft palate.
These birth defects can cause feeding difficulties, speech impairments, frequent ear infections, and dental issues, often requiring multiple surgeries and long-term medical care.
Causes of Cleft Lip and Cleft Palate in Medical Malpractice Cases
While cleft defects can occur naturally, they are sometimes linked to preventable medical errors, toxic exposures, or unsafe prescription drugs. Common causes include:
Failure to Provide Proper Prenatal Care
- Obstetricians should monitor fetal development closely and identify any abnormalities through ultrasounds and genetic testing.
- If a doctor fails to diagnose a cleft defect during pregnancy, parents lose the opportunity to prepare for medical interventions.
- A misdiagnosis or failure to detect a birth defect may be considered medical negligence.
Pharmaceutical Drug Exposure During Pregnancy
Certain medications have been linked to an increased risk of cleft lip and cleft palate, including:
- Topamax (topiramate) – A seizure and migraine medication that has been associated with a two-fold increase in cleft defects when taken during pregnancy.
- SSRIs (Selective Serotonin Reuptake Inhibitors) – Antidepressants like Prozac, Zoloft, and Paxil have been linked to birth defects, including cleft lips and palates.
- Methotrexate – A medication used for rheumatoid arthritis and cancer treatment, which can cause severe fetal abnormalities.
- Isotretinoin (Accutane) – A powerful acne medication known to cause serious birth defects, including cleft palates and skull deformities.
If a doctor prescribed a dangerous drug to a pregnant woman without warning her of the risks, they may be held liable for medical negligence. Additionally, pharmaceutical companies that failed to properly warn consumers of birth defect risks may also be sued.
Toxic Chemical Exposure
Research has shown that pregnant women exposed to harmful environmental toxins have a higher risk of giving birth to babies with cleft defects. Toxic substances linked to cleft lip and cleft palate include:
- Pesticides – Agricultural chemicals like glyphosate (Roundup) and atrazine have been associated with increased birth defects.
- Industrial pollutants – Women living near factories, landfills, or contaminated water sources may be at higher risk of birth defects.
- Solvents and heavy metals – Exposure to benzene, lead, and mercury can interfere with fetal development.
If a corporation, employer, or government agency failed to prevent exposure to dangerous chemicals, they may be held accountable in a toxic exposure lawsuit.
Who Can Be Held Liable for a Cleft Lip or Cleft Palate Birth Defect?
If your child’s cleft lip or cleft palate resulted from medical negligence, dangerous pharmaceuticals, or toxic exposure, multiple parties may be responsible, including:
- Doctors and OB-GYNs – If they failed to diagnose the condition or prescribed harmful medications.
- Pharmaceutical companies – If they failed to warn consumers about the risks of birth defects.
- Corporations or environmental polluters – If they exposed pregnant women to toxic chemicals.
- Hospitals and medical facilities – If they provided substandard prenatal care.
A San Diego birth defect lawyer can investigate your case and determine who is responsible for your child’s condition and financial hardships.
Compensation Available in a Birth Defect Lawsuit
Families dealing with the financial and emotional burden of a cleft lip or cleft palate may be eligible for compensation, including:
Medical Expenses
- Corrective surgeries (lip and palate repair)
- Speech therapy and dental treatments
- Long-term medical care
Lost Wages and Financial Burdens
- Compensation for parents who need to take time off work to care for their child.
- Future lost earning potential if the child’s condition affects their ability to work as an adult.
Pain and Suffering
- Emotional distress from multiple surgeries and medical challenges.
- Loss of quality of life for the child and family.
Punitive Damages
- Additional compensation may be awarded in cases of gross negligence or corporate misconduct.
A San Diego birth injury lawyer can help maximize your compensation and ensure your child receives the best possible medical care and support.
How a San Diego Cleft Lip and Cleft Palate Defects Lawyer Can Help
Filing a birth defect lawsuit requires extensive medical records, scientific evidence, and legal experience. A San Diego birth defect attorney can:
- Investigate your child’s medical history to determine if negligence occurred.
- Consult with medical experts to assess whether prenatal care, medication, or toxic exposure caused the defect.
- Gather evidence against pharmaceutical companies or corporations if applicable.
- Negotiate settlements with insurance companies or take the case to trial if necessary.
If your child was born with a cleft lip or cleft palate due to medical malpractice, toxic exposure, or pharmaceutical drugs, an experienced attorney can help you seek justice and financial support.
Statute of Limitations for Birth Defect Lawsuits in California
Families have a limited amount of time to file a birth defect lawsuit in California:
- Medical malpractice claims – Must be filed within one year of discovering the birth defect or three years from the date of birth.
- Product liability claims (defective drugs or chemicals) – Must be filed within two years of discovery.
- Toxic exposure claims – Deadlines vary depending on the exposure source.
Because these cases require extensive investigation, it is crucial to contact a San Diego birth defect lawyer as soon as possible.
Why Choose The Law Office of Melinda J. Helbock?
At The Law Office of Melinda J. Helbock, we are committed to helping families affected by preventable birth defects. We offer:
- Decades of experience handling birth injury and pharmaceutical litigation.
- Aggressive legal representation against negligent doctors, drug manufacturers, and corporations.
- Proven success in securing multi-million-dollar settlements for birth injury victims.
Contact a San Diego Cleft Lip and Cleft Palate Defects Lawyer Today
If your child was born with a cleft lip or cleft palate due to medical negligence, toxic exposure, or pharmaceutical drug use, you may be entitled to financial compensation.
Contact us today for a free consultation and let us help you secure the resources your child needs for a healthy future.
References
- Centers for Disease Control and Prevention. (2024). Cleft Lip and Cleft Palate: Causes and Prevention. Retrieved from https://www.cdc.gov
- National Institutes of Health. (2024). Birth Defects and Pharmaceutical Exposure Risks. Retrieved from https://www.nih.gov
- U.S. Food and Drug Administration. (2024). Medications Linked to Birth Defects. Retrieved from https://www.fda.gov