Fetal Alcohol Syndrome Ashley WaltersMark SanchezMeredith Shockey

Facts Fetal Alcohol Syndrome is when a fetus is physically

and mentally altered because of the consumption of alcohol during pregnancy

The fetus has development problems; it can stunt fetal growth and weight, damage neurons and brain structures, it can also create distinct facial features

The most common and well know affect is to the central nervous system, his causes poor memory, functional disabilities

This will affect the baby for the rest of its life, it could potentially have physiological or behavior problems as it grows

Outcomes of Fetal Alcohol Syndrome http://hoover.mrooms3.net/pluginfile.php/13526/mod_resource/content/1/01%20Class%20Action%20-%20Case%202%20-%20Fetal%20Alcohol%20Syndrome%20-%20The%20Facts.mp3

Facts of the Case  Jessica Nordeen and Jason Dixon dated throughout high school. Both drank frequently and heavily. When Jessica became pregnant, she married Jason. After consulting with her doctor, Gregory Buchner, she was informed that to Continue drinking while pregnant would harm the baby as a result of Fetal Alcohol Syndrome. Jessica received an informational pamphlet on this topic and later read it. Jessica continued to drink, however, against the warnings of her husband James and her mother Kathy that it could seriously harm the baby. When their son Seth was born he was abnormally small and behaved oddly. He was developmentally behind and had poor social skills. It was confirmed after an examination with Dr. Sheila Michaels that Seth had Fetal Alcohol Syndrome. Jessica and Jason divorced soon after with Jason having all custody rights and Jessica paying monthly child support. Jason discussed with a social service worker, Geraldine Trailor, that Seth would need to be placed in special programs in order for him to grow behaviorally and educationally. When Jessica received an inheritance from her late grandfather, Jason turned to Jessica to help with the financial responsibility of these costly programs for Seth. When Jessica refused, Jason sued Jessica under negligence. 

Key Figures  Jessica Nordeen- mother of Seth Dixon, daughter

of Kathy Nordeen, ex-wife to James Dixon James Dixon- father of Seth Dixon, ex-

husband to Jessica Nordee Kathy Nordeen- mother of Jessica NordeenGregory Buchner, M.D.- Jessica's doctor

throughout her pregnancy  Sheila Michaels, M.D. - evaluated Seth Dixon and

confirmed his diagnosis of FAS Geraldine Trainor- social services worker

assigned to James Dixon 

Affidavits The affidavit from Dr. Gregory Buchner, Jessica's prenatal doctor

confirmed that he gave Jessica an informational packet about alcohol and pregnancy. He also said that while damage from drinking alcohol can occur during the entire pregnancy, it is the most dangerous to drink during the first 3 months.  He had no way of knowing how much she was drinking. 

In the affidavit, Dr. Sheila Michaels said that FAS is preventable, and damage occurs during the entire 9 months of the pregnancy because the baby's brain and central nervous system is developing the entire time. She also said that Seth had a low birth rate, has facial defects, is impulsive, hyperactive, and has learning disabilities. She said Seth has a strong attachment to his dad and grandmother and they are patient and willing to try suggestions to enhance his learning. In Geraldine Trainor's affidavit she said that she has been working with James and Seth per request of their pediatrician. She said James is patient and willing to try suggestions, but often feels stuck in a situation without enough financial support.

Affidavit is a statement in writing that is made under oath

Depositions In the deposition with Jessica, she confessed

to drinking up to 6 beers a night on the weekends in addition to drinking occasionally during the week while pregnant. She said she received the warnings from her doctor, scanned through the informational lack of information, and knew what could happen to the baby, but continued to drink anyways. She also confessed that she didn't really want to have a baby and couldn't see why it was her fault. 

Deposition is testimony taken down in writing under oath before a trial

Applicable laws There are laws that apply to underage

drinking and the consumption of minors. Though there is no state law, anywhere in the U.S., about women using alcohol during pregnancy. There are warnings about how it can affect the child, but there is not a set law against drinking while pregnant.

Other Cases A case that applies is Holly vs. Anytown Hotel which

is where the defendant was being sued for negligence and was not aware about a particular way in which someone might be hurt or in an accident.

Lu vs. Lopez is where an accident is considered foreseeable if a person of ordinary intelligence could see that an accident was possible .

Black vs. Ross, Inc. is the debate on whether a person has the responsibility to another person, this depends on the relationship between them and how clearly the danger or harm can be foreseen.

The Overall Outcome We believe that Jessica should be sued for

the negligence of her child, Seth. We believe this because she held the responsibility to stop drinking and chose not to. When it came to custody she did not care for it, and decided to pay $175 in child support. She would not cooperate to help Seth in his future expenses such as ongoing physiological, medical, and specialized education.