Evesham Township Birth Defect Lawyer
A birth defect diagnosis changes everything for a family. The questions come fast: Was this preventable? Did someone miss something during prenatal care? Could a drug, a chemical exposure, or a medical error have caused this? For families in Evesham Township and across Burlington County, those questions deserve real answers, not dismissals. Joseph Monaco has spent over 30 years handling serious personal injury and birth defect cases throughout New Jersey and Pennsylvania, working directly with each client rather than passing cases to associates. If your child was born with a condition that may be linked to negligence or a dangerous product, this page explains what the law actually allows, what these cases require, and how the process works.
The Difference Between a Birth Defect and a Birth Injury, and Why It Matters Legally
These two terms are sometimes used interchangeably, but in a legal context they describe different types of harm and different legal theories. A birth injury typically refers to physical trauma that occurs during labor and delivery, such as oxygen deprivation, improper use of forceps, or nerve damage during a difficult delivery. A birth defect, on the other hand, refers to a structural or functional abnormality that develops during fetal development, often caused by genetic factors, environmental exposures, or teratogenic substances.
What makes birth defect cases legally actionable is the presence of a preventable cause. Not every birth defect stems from negligence. But a substantial number are connected to things that could and should have been avoided. Prescription medications that carry undisclosed risks to developing fetuses, industrial chemical exposures near residential areas, contaminated water sources, or a healthcare provider’s failure to diagnose and respond to a maternal condition that threatened fetal development, all of these can form the basis of a valid legal claim. The legal question is always whether someone failed a duty they owed to the mother and child, and whether that failure caused or contributed to the harm.
What Causes Legally Actionable Birth Defects in the Burlington County Region
Evesham Township sits in an area of New Jersey that has seen significant residential and commercial development over decades. Families here have varying exposures depending on where they live, where they work, and what prenatal care they received. Several categories of causes tend to generate legitimate legal claims.
Pharmaceutical negligence is among the most common. Drug manufacturers have a legal obligation to test their products for fetal risks and to communicate those risks clearly to prescribing physicians and to patients. When a drug known or reasonably suspected to cause fetal harm continues to be marketed without adequate warnings, and a pregnant woman takes that drug and delivers a child with a related defect, liability can attach to the manufacturer, the prescriber, or both. Some medications have been the subject of broad litigation precisely because the risks were known internally but not disclosed.
Environmental exposure is another category. Southern New Jersey has documented sites involving chemical contamination, and proximity to industrial facilities or contaminated groundwater has been studied in connection with adverse birth outcomes. If a family’s exposure to a toxic substance during pregnancy can be linked to a specific defect, that exposure history becomes central to the case.
Medical negligence also plays a role. A healthcare provider who fails to monitor gestational diabetes properly, misses signs of infection, prescribes a contraindicated medication, or fails to order appropriate prenatal screenings may bear responsibility when a child suffers a preventable condition. New Jersey medical malpractice standards require comparing the provider’s conduct against what a reasonably competent provider in the same specialty would have done.
How These Cases Are Built and What They Require
Birth defect litigation is medically intensive. Unlike a slip and fall case where the cause of injury is often visible and immediate, a birth defect claim requires establishing a causal chain that runs from a specific act or omission through fetal development to the child’s diagnosed condition. That requires expert medical testimony, often from specialists in maternal-fetal medicine, toxicology, genetics, or pediatric neurology depending on the nature of the defect.
The investigation begins with a complete review of the mother’s prenatal records, any medications taken during pregnancy, occupational and environmental history, and the child’s medical records from delivery forward. This is not work that can be done superficially. The records tell a story, and the story has to be coherent and supported before a claim goes forward.
New Jersey follows a two-year statute of limitations for personal injury claims, but birth injury and defect cases involving minors are subject to specific tolling provisions. Generally, the statute of limitations for a minor’s claim does not begin running until the child turns eighteen. This does not mean a family should wait. Evidence deteriorates, witnesses become unavailable, and early investigation tends to produce better outcomes. Filing within the appropriate window protects the claim; acting early protects the evidence.
Damages in these cases reflect the full scope of the child’s needs. Medical expenses, both current and projected over a lifetime, are central. So are educational and therapeutic costs, adaptive equipment, lost earning capacity when the child reaches adulthood, and the profound non-economic harm to both the child and the family. These are often the largest and most complicated damages calculations in any personal injury context because they require life care planners, vocational experts, and economic analysts working alongside medical experts.
Questions Families Often Have Before Calling an Attorney
My child’s condition was attributed to genetics. Can I still have a claim?
Possibly. A genetic basis for a condition does not automatically rule out a legal claim. The question is whether something, a drug, an exposure, or a medical failure, activated or worsened a predisposition that might otherwise have remained dormant or been detected and managed. Genetic counseling failures and failures to offer appropriate prenatal testing can also support claims independent of the underlying cause of the defect.
How do I know whether a medication I took during pregnancy is associated with the condition my child has?
This is one of the first things an attorney and their retained medical experts will investigate. There is published medical and scientific literature on teratogenic drugs, and some medications have been the subject of litigation precisely because their fetal risks were documented internally before they were disclosed publicly. An attorney can research whether a known association exists and whether the prescribing physician or manufacturer should have taken different action.
We used a fertility clinic and then discovered our child has a serious condition. Is there any claim against the clinic?
Fertility clinics are subject to the same standard of care obligations as other healthcare providers. If a clinic failed to perform genetic screening it should have offered, mishandled embryos in a way that caused harm, or failed to inform patients of known risks, those failures can be evaluated for a potential claim. These are specialized cases, but they are not outside the scope of medical malpractice law.
We live in Evesham Township but the birth happened at a hospital in another county. Where would a claim be filed?
New Jersey Superior Court cases can be filed in the county where the defendant resides or does business, or where the cause of action arose. Burlington County courts handle cases involving Evesham Township residents, but if the hospital is in Camden County or another county, there may be flexibility in venue. This is a procedural question that gets resolved early in the case.
How long does a birth defect case typically take to resolve?
These cases are complex and rarely resolve quickly. A straightforward case against a single defendant might take two to three years from filing to resolution. Cases involving pharmaceutical companies, multiple defendants, or disputed causation can extend considerably longer. The extended timeline reflects the depth of investigation and expert testimony required, not inefficiency in the process.
What if we cannot afford the upfront costs of litigation?
Monaco Law PC handles these cases on a contingency fee basis, meaning fees are paid from the recovery rather than billed upfront. The costs of experts and investigation are advanced by the firm. Families are not expected to finance litigation out of pocket in order to pursue a valid claim.
Is there any value in contacting an attorney even if we are not sure we have a case?
Yes. The evaluation itself has value. Many families spend years wondering whether something preventable caused their child’s condition. A case review either identifies actionable negligence and a path forward, or it allows a family to move forward with clarity. There is no cost to the consultation and no obligation to proceed.
Reach Out to a Burlington County Birth Defect Attorney
Families in Evesham Township who suspect that a birth defect was caused by medical negligence, a dangerous drug, or an environmental exposure deserve a direct and honest evaluation of their situation. Joseph Monaco personally handles every case placed with Monaco Law PC and brings more than three decades of experience in New Jersey and Pennsylvania personal injury and birth injury matters to every client he represents. To discuss your child’s situation and what the law may allow, contact Monaco Law PC for a free, confidential case review with a birth defect attorney who handles these cases directly.
