{"id":941,"date":"2018-03-28T10:00:53","date_gmt":"2018-03-28T15:00:53","guid":{"rendered":"https:\/\/www.robertkreisman.com\/birth-injury-lawyer\/?p=941"},"modified":"2018-03-27T06:38:58","modified_gmt":"2018-03-27T11:38:58","slug":"illinois-appellate-court-reverses-dismissal-lawsuit-alleging-birth-defects-utero-caused-fathers-exposure-toxic-chemicals","status":"publish","type":"post","link":"https:\/\/www.robertkreisman.com\/birth-injury-lawyer\/illinois-appellate-court-reverses-dismissal-lawsuit-alleging-birth-defects-utero-caused-fathers-exposure-toxic-chemicals\/","title":{"rendered":"Illinois Appellate Court Reverses Dismissal of Lawsuit Alleging Birth Defects In Utero Caused by Father&#8217;s Exposure to Toxic Chemicals"},"content":{"rendered":"<p>Sarina Finzer and Jeremy Hardison were born with severe birth defects. Their disabilities were claimed to have been caused in utero by their fathers\u2019 exposure to toxic chemical fumes and airborne substances during their employment at <a href=\"https:\/\/en.wikipedia.org\/wiki\/Motorola\">Motorola <\/a>Inc.\u2019s semiconductor manufacturing plants in Arizona and Texas. The parents of these children are seeking damages, suing Motorola for (1) negligence, (2) strict tort liability, (3) breach of an assumed duty, (4) willful and wanton misconduct, and (5) loss of child consortium relating to the children\u2019s birth defects and impairment to the parent-child relationship.  <\/p>\n<p>At the trial court level, it was found that plaintiffs could prove no set of facts that would entitle them to relief and thus the trial judge dismissed the plaintiffs\u2019 complaint pursuant to Section 2-615 of the Illinois Code of Civil Procedure.  <\/p>\n<p>The plaintiffs appealed the dismissal, asserting that the trial judge erred in finding that (1) the exclusive remedy provision of the respective state workers\u2019 compensation laws barred their claims, (2) no duty was owed to a not-yet conceived child, and (3) proximate cause could not be established as a matter of law, given that the fathers did not sustain an injury. Plaintiffs also claimed that the trial court erred in dismissing the willful and wanton misconduct count and the plaintiffs\u2019 loss of child consortium count, which depended on pleading a viable cause of action for negligence.<br \/>\n <a href=\"https:\/\/www.robertkreisman.com\/birth-injury-lawyer\/illinois-appellate-court-reverses-dismissal-lawsuit-alleging-birth-defects-utero-caused-fathers-exposure-toxic-chemicals\/#more-941\" class=\"more-link\">Continue reading<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Sarina Finzer and Jeremy Hardison were born with severe birth defects. Their disabilities were claimed to have been caused in utero by their fathers\u2019 exposure to toxic chemical fumes and airborne substances during their employment at Motorola Inc.\u2019s semiconductor manufacturing plants in Arizona and Texas. The parents of these children are seeking damages, suing Motorola [&hellip;]<\/p>\n","protected":false},"author":795,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"enabled":false},"version":2}},"categories":[4,34],"tags":[],"class_list":["post-941","post","type-post","status-publish","format-standard","hentry","category-birth-injury","category-experts"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Illinois Appellate Court Reverses Dismissal of Lawsuit Alleging Birth Defects In Utero Caused by Father&#039;s Exposure to Toxic Chemicals &#8212; Chicago Birth Injury Lawyers Blog<\/title>\n<meta name=\"description\" content=\"Sarina Finzer and Jeremy Hardison were born with severe birth defects. Their disabilities were claimed to have been caused in utero by their fathers\u2019\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.robertkreisman.com\/birth-injury-lawyer\/illinois-appellate-court-reverses-dismissal-lawsuit-alleging-birth-defects-utero-caused-fathers-exposure-toxic-chemicals\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Illinois Appellate Court Reverses Dismissal of Lawsuit Alleging Birth Defects In Utero Caused by Father&#039;s Exposure to Toxic Chemicals &#8212; Chicago Birth Injury Lawyers Blog\" \/>\n<meta name=\"twitter:description\" content=\"Sarina Finzer and Jeremy Hardison were born with severe birth defects. Their disabilities were claimed to have been caused in utero by their fathers\u2019\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Robert Kreisman\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"4 minutes\" \/>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Illinois Appellate Court Reverses Dismissal of Lawsuit Alleging Birth Defects In Utero Caused by Father's Exposure to Toxic Chemicals &#8212; Chicago Birth Injury Lawyers Blog","description":"Sarina Finzer and Jeremy Hardison were born with severe birth defects. Their disabilities were claimed to have been caused in utero by their fathers\u2019","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.robertkreisman.com\/birth-injury-lawyer\/illinois-appellate-court-reverses-dismissal-lawsuit-alleging-birth-defects-utero-caused-fathers-exposure-toxic-chemicals\/","twitter_card":"summary_large_image","twitter_title":"Illinois Appellate Court Reverses Dismissal of Lawsuit Alleging Birth Defects In Utero Caused by Father's Exposure to Toxic Chemicals &#8212; Chicago Birth Injury Lawyers Blog","twitter_description":"Sarina Finzer and Jeremy Hardison were born with severe birth defects. Their disabilities were claimed to have been caused in utero by their fathers\u2019","twitter_misc":{"Written by":"Robert Kreisman","Est. reading time":"4 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.robertkreisman.com\/birth-injury-lawyer\/illinois-appellate-court-reverses-dismissal-lawsuit-alleging-birth-defects-utero-caused-fathers-exposure-toxic-chemicals\/#article","isPartOf":{"@id":"https:\/\/www.robertkreisman.com\/birth-injury-lawyer\/illinois-appellate-court-reverses-dismissal-lawsuit-alleging-birth-defects-utero-caused-fathers-exposure-toxic-chemicals\/"},"author":{"name":"Robert Kreisman","@id":"https:\/\/www.robertkreisman.com\/birth-injury-lawyer\/#\/schema\/person\/ae618c31c5d751b2186328799051a39c"},"headline":"Illinois Appellate Court Reverses Dismissal of Lawsuit Alleging Birth Defects In Utero Caused by Father&#8217;s Exposure to Toxic Chemicals","datePublished":"2018-03-28T15:00:53+00:00","mainEntityOfPage":{"@id":"https:\/\/www.robertkreisman.com\/birth-injury-lawyer\/illinois-appellate-court-reverses-dismissal-lawsuit-alleging-birth-defects-utero-caused-fathers-exposure-toxic-chemicals\/"},"wordCount":759,"articleSection":["Birth Injury","Experts"],"inLanguage":"en-US"},{"@type":"WebPage","@id":"https:\/\/www.robertkreisman.com\/birth-injury-lawyer\/illinois-appellate-court-reverses-dismissal-lawsuit-alleging-birth-defects-utero-caused-fathers-exposure-toxic-chemicals\/","url":"https:\/\/www.robertkreisman.com\/birth-injury-lawyer\/illinois-appellate-court-reverses-dismissal-lawsuit-alleging-birth-defects-utero-caused-fathers-exposure-toxic-chemicals\/","name":"Illinois Appellate Court Reverses Dismissal of Lawsuit Alleging Birth Defects In Utero Caused by Father's Exposure to Toxic Chemicals &#8212; Chicago Birth Injury Lawyers Blog","isPartOf":{"@id":"https:\/\/www.robertkreisman.com\/birth-injury-lawyer\/#website"},"datePublished":"2018-03-28T15:00:53+00:00","author":{"@id":"https:\/\/www.robertkreisman.com\/birth-injury-lawyer\/#\/schema\/person\/ae618c31c5d751b2186328799051a39c"},"description":"Sarina Finzer and Jeremy Hardison were born with severe birth defects. 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