Fetal Alcohol Syndrome

Anastasiya Naydonova & Joe Berry

People Involved

• James Dixon (plaintiff)

• Jessica Nordeen (defendant)

• Seth Dixon

Case Facts

• Heavy drinkers throughout the relationship• Had a baby together (Seth).• Doctor gave Jessica a pamphlet warning

against drinking while pregnant.• She kept drinking, especially before she

knew she was pregnant.• She developed severe morning sickness and

depression, which drove her to drinking.

Case Facts (cont.)

• James urged her to stop, but she didn’t, citing that he hadn’t stopped and he didn’t know anything.

• On Graduation day, they drank very heavily.• Jessica’s mother urged her not to drink, but

Jessica reasoned that if she didn’t drink too much, the baby would be fine.

• Seth was born.

Case Facts (cont.)

• Seth was born very small with abnormal facial features.

• He was a very irritable baby.• He was a difficult toddler (fussy, active, and

easily distracted).• He was behind in developmental skills.• When Seth was 3, James and Jessica got a

divorce with James being awarded Full Custody.

Case Facts (cont.)

• Jessica pays $175 a month in child support.• She was allowed to visit Seth once a week, but

she only shows up every 2-3 weeks.• Seth had constant behavioral problems.• His teacher recommended he be evaluated by

a psychologist.• All doctors asked if Jessica drank during her

pregnancy, especially in the first three months.

Case Facts (cont.)

• The doctors all confirmed that Seth had Fetal Alcohol Syndrome (FAS).

• Any amount of alcohol during the pregnancy could harm the baby.

• Heavy drinking during the first three months could, and in Seth’s case, probably did have a devastating effect on the child.

• He is mildly retarded with chronic learning and behavioral problems.

• Seth was transferred to a special education program.

Case Facts (cont.)

• James did not know how he would pay for Seth’s special needs.

• When he learned that Jessica had received an inheritance from the sale of her deceased grandfather’s estate, he asked for half the money to start a trust fund for Seth.

• Jessica refused.

Case Facts (cont.)

• James sued Jessica for Negligence due to the fact that she drank during her pregnancy.

Affidavits

• Sheila Michaels, M.D.– Research shows that drinking during a pregnancy,

especially in the first 3 months, can affect the vital organs and development of the fetus.

– Continued drinking can result in more damage.– Brain and Central Nervous System develop the whole

nine months, so they can be continually affected.– FAS can be prevented if the mother does not drink.– 20% of mental retardation cases are caused by FAS.

Affidavits (cont.)

• Gregory Buchner, M.D.– Gave Jessica Pamphlets warning against the

dangers of alcohol during pregnancy.

Deposition of Jessica Nordeen

• Jessica was not thrilled about being with child.

• She did not think about the consequences.

Deposition of James Dixon

• He tried to stop Jessica’s drinking.• He knew there might be consequences, but

he didn’t know the details.• In hindsight, he realizes the effects of FAS.• http://

www.youtube.com/watch?v=QuBBLEf2u7I&safe=active (tesitmony of a fellow FAS parent)

Relevant Laws

• Legal drinking age in Anystate, USA is 21 years of age.

• If we use the laws applying to legal drinking age, then James would be in violation of them as well as Jessica.

Case Law

• Jones vs. Anytown Raceway, Inc. (1995)– In order to be sued for negligence, the

defendant must have a legal duty, a breach of said duty, a causation arising from that breach, and damages from that causation that deserve compensation.

• Holly vs. Anytown Hotel (1959)– Defendant does not have to know the particular

ways in which harm can be caused in order to know that cause can be harmed.

Case Law (cont.)

• Lu vs. Lopez (1995)– An accident is considered foreseeable if a person of ordinary

intelligence could see that an accident was possible.• Jones vs. Anytown Community Church (1995)

– Negligence is doing or not doing something that a person of ordinary intelligence would not do/do in the same situation.

• Black vs. Ross, Inc. (1989)– Whether a person has a responsibility to another person

depends on the relationship between them and how clearly the danger or harm can be foreseen.

Other Relevant Info

• Fulton High Biology classes learned about FAS.

• Doctor gave her a pamphlet clearly outlining the dangers of drinking while pregnant.

• http://www.youtube.com/watch?v=dTGWdcWjuZ8&safe=active (Living with an FAS child)

Ruling

• Jessica should have to pay 1/3 to ½ her inheritance to James to put into a trust fund for Seth

• She was negligent while carrying Seth and drank continuously throughout the pregnancy.

• She was well aware of the dangers associated with drinking while pregnant, yet she ignored the warnings.

• This has indirectly harmed James through his having to cover all of the charges for the child that they share.