Fetal Alcohol Syndrome By: Whitney McDonald and Tripp White

People Involved Jessica Nordeen James Dixon Seth Dixon

Case Background Jessica Nordeen, a high school senior who partied almost every weekend, found out she was pregnant at 12 weeks into her pregnancy. She and her boyfriend, James Dixon, decided to keep the baby. The pregnancy was very hard on Jessica because she just wanted to hang out with her friends and act as if everything was normal. So she would drink on the weekends, just maybe not as much as she used to, even though several people told her that it could effect the baby.

Case Background The baby, Seth, was born with Fetal Alcohol Syndrome(FAS). James and Jessica did not realize it at first and the difficulties that come along with the syndrome became too much for Jessica to handle so she left Seth to James and left. Around the time James found out that Seth had FAS Jessica came into a lot of money from a relative, so James asked for part of it to help care for Seth but Jessica refused. James decided to sue Jessica for being negligent towards Seth by drinking during her pregnancy.

Affidavits and Depositions Affidavits and depositions were given by: Jessica’s mother Jessica’s doctor Seth’s doctor Jessica Nordeen James Dixon A social worker Another parent of a child with FAS The affidavits and depositions proved that Jessica was well aware that drinking could harm the baby and that her drinking was the direct cause of Seth’s syndrome.

Related Laws and Cases Jones v Anytown Raceway, Inc Black v Ross Found that there must be evidence of the responsibility of the person that they did not meet and damage that was a result of not meeting that requirement. Black v Ross Found that the responsibility one person has to another is based on their relationship to that person and how clear the danger can be foreseen.

Drinking Laws It is illegal for a person under the age of 21 to buy, sell, or consume alcohol Unless it was provided by a parent in the privacy of their home There are no state laws that say it is illegal for women to consume alcohol during pregnancy

Jessica’s Knowledge She had a unit and a test about Fetal Alcohol Syndrome in her Biology class the year before and made a B+ in the class She was given a pamphlet about Fetal Alcohol Syndrome by her doctor when she found out that she was pregnant

Negligence To fail to perform or uphold a responsibility to someone or something. In this case Jessica is being accused of being negligent towards Seth by drinking throughout her pregnancy with the knowledge that it could hurt and effect him for the rest of his life.

Negligence Cases dealing with Negligence Holly v Anytown hotel A person does not need to wait for an accident to say that someone else is being negligent, they just need to prove that something could result from their actions. Lu v Lopez An accident is foreseeable if a person with ordinary intelligence can see it as a possible accident Jones v Anytown Community Church Negligence is doing something that a person of ordinary intelligence would not do in the same situation

Fetal Alcohol Syndrome (FAS) Develops before birth if mother drinks alcohol during the weeks of development and is with that person for the rest of their lives Symptoms: Born small Problems eating and sleeping Problems paying attention and learning Trouble with social behavior Need for medical care and special teachers all their lives

Some effects of Fetal Alcohol Syndrome

Prenatal Dangers

Economic Effects The estimated cost of alcohol abuse in the US for one year alone was $184.6 billion. With this information it is easy to come to the conclusion that Jessica spends a good amount of money on alcohol when she could be helping James financially take care of their son.

FAS Bill This is a bill that was proposed to make drinking during pregnancy an illegal form of abuse. Those who appose: Afraid that women would lie about prenatal care with the fear of being reported Those who approve: Say that it will ensure that those mothers will be forced into treatment