Fetal Alcohol Syndrome

Garrison Pugh, Mark Sanchez, Leanna Hutto, Kaylyn Williams, Timia IveyFetal Alcohol Syndrome

Facts about FASFetal Alcohol Syndrome occurs when a mother drinks excessive amounts of alcohol during her pregnancy especially during the early, sensitive period of pregnancyFetus has trouble developing, birth weight is low, growth occurs slowly, distinct facial features appearCentral Nervous System is affected the mostLifelong effect on child, can develop behavioral problems or even become retartedFAS effect on brain of child

3FAS effect on facial features of child

Facts of the CaseJames Dixon and Jessica Nordeen were long-time boyfriend and girlfriend when Jessica became pregnant during her senior year of high schoolShe discovered her pregnancy during her 3rd month of pregnancyThe two agreed to get married and keep the baby

5Facts of the CaseJames began preparations to become an electrician though Jessica was unhappy with her life and continued to party with friends and consume alcoholJessicas mother tried to convince her of the dangers of drinking during pregnancyThe baby was born underweight in October

Facts of the CaseAs he grew up, the baby displayed signs of different facial features, irritability, and slow developmentThe two divorced, custody was granted to James, and Jessica agreed to pay $175 monthly for child support and was granted weekly visitation rights which she didnt useThe child continued to show signs of retardation and a psychologist diagnosed him with fetal alcohol syndrome

Key Figures Jessica Nordeen- mother of Seth Dixon, married to James Dixon

Key Figures James Dixon- father of Seth Dixon, ex-husband of Jessica Nordeen

Key Figures Kathy Nordeen- mother of Jessica

Key Figures Gregory Buchner, M.D.- doctor of Jessica while pregnant

Key Figures Sheila Michaels, M.D. diagnosed Seth with FAS

Key FiguresGeraldine Trainor- Social Services worker on Seths case

Affidavits Sheila Michaels, M.D. testified that Seth Dixon has FAS. She believes that it is the fault of Jessica for continuing to drink in her pregnancy, and especially during the first 3 months.

AffidavitsGeraldine Trainor testified that Seth demonstrates all the qualities of a child with FAS: hyperactivity, low weight, distorted facial features. She testified that James would often be unable to provide the necessary care because of financial restraint. James was always willing to pay for the care but often unable to.AffidavitsGregory Buchner, M.D. testified that he gave Jessica information about the dangers of drinking during her pregnancy, but it was after she was well into her pregnancy. He testified that most damage comes in the early stages before a woman knows she is pregnant.Depositions Jessica confessed to heavy drinking during her pregnancy, up to 6 beers a night on the weekends.She read all the information her doctor gave her and continued to drink anyways. She didnt see why it was her fault as she didnt want to have the baby in the first place.17LawsIt is illegal to drink, purchase, or posses alcohol if a person is under the age of 21. There are no laws prohibiting a woman from drinking alcohol while pregnant.Case LawThe case of Black v. Ross, Inc. is relevant because it talks about the responsibility for an action being placed on a person based on how clearly the harm can be seen and the relationship between the two.

Case LawThe case of Lu v. Lopez is relevant because it determines if an accident is foreseeable if a person of regular intelligence would have seen that an accident was possible.

Case LawThe case of Holly v. Anytown Hotel is also relevant because it declares that a person does not have to be aware of a similar accident to know that an accident could happen. Also that a person could be unaware of the ways a person could be hurt to be aware of the possibility of an accident.

ConclusionJessica Nordeen is responsible for the damages caused to Seth, her child, during her pregnancy because of her consumption of alcohol. She was aware of the dangers of alcohol consumption during her pregnancy as demonstrated by her test during a biology class before her pregnancy. She was also given a pamphlet from her doctor warning of the dangers of pregnancy during her 3rd month. Her mother also tried to warn of the dangers of alcohol during a pregnancyConclusionJessica was aware of the dangers of alcohol consumption during pregnancy and chose to ignore them making her liable for any damages that occurred as a direct result of her drinking. Should she continue to argue that she was unaware of the dangers, several case laws will demonstrate a precedent that should still find her responsibleConclusionBlack v. Ross, Inc. shows that responsibility is revealed between their relationship and the clarity of danger. Jessica is the childs mother and was warned multiple times of the dangers of drinking during pregnancy so a danger was clearly presentConclusionThe case of Lu v. Lopez says that an accident is considered foreseeable if a person of ordinary intelligence could see that an accident was possible. A person of ordinary intelligence, after being warned of the dangers three times, would not have continued to drink during pregnancyConclusionThe case of Holly v. Anytown Hotel says that a person does not have to be aware of a way that someone could be hurt or that a similar accident is possible to be considered responsible. Even if Jessica was unaware of the dangers of her drinking during pregnancy, she would still be considered responsible.

ConclusionJessica is responsible for the damages to her child caused during her pregnancy as a result of her drinking because she was aware of the dangers and continued to drink even after several warnings.

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