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JACK LOCKER ELIZABETH TAYLOR LALO SILVA DOUGLAS LEE JARED DAVIS MS. NEWELL 4 TH PERIOD Blame It On The Alcohol Case 2: Fetal Alcohol Syndrome

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Alcohol

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Alcohol is the worlds most commonly used drug. Heavy drinking is defined as two or more beers per day. Heavy drinking while pregnant almost always leads to fetal damage. People who suffer from psychological distress and rely on alcohol to relieve stress are more likely to develop alcohol abuse and dependence. 25% of Americans under 18 are exposed to alcohol and alcohol abuse in their families.

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Fetal Alcohol Syndrome FAS is the most common non-hereditary cause of mental retardation. Children with FAS tend to show growth deficiency and abnormal facial features that grow more normal with age. They also have deficits in general intelligence. They tend to have trouble with problem solving, learning, memory, attention, and social interaction. Binge drinking, or drinking five or more drinks in a row, is especially harmful to a developing fetus.

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Case Facts

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Facts Jessica Nordeen & James Dixon were seniors in high school. They had been dating since tenth grade. They were both part of a partying crowd that liked to go out and drink alcohol on the weekends.

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Facts In April of their senior year, Jessica found out that she was about three months into an unexpected pregnancy.

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Facts After deliberating, the couple decided to keep the baby and get married after James finished vocational school.

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Facts James was ready to embrace his new role as a responsible adult. Jessica, on the other hand, had trouble dealing with the fact that she was leaving life as she knew it behind, and often drank to ease her anxiety and depression.

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Facts James, Jessicas mother, and her doctor all warned her not to do this, telling her that alcohol could harm the baby. Her doctor even gave her a pamphlet describing all of the harmful effects alcohol could have on the child.

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Facts Jessica mostly ignored them, however, deciding that the baby would be fine if she didnt drink too much. She often snapped at James for telling her to stop, claiming that it was her body and that she could do what she wanted with it, or that it wasnt fair that she was the only one who had to stop drinking.

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Facts Their baby, Seth, was born in October. He was small and irritable, had abnormally small facial features, and was slow developmentally.

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Facts Three years later, Jessica and James divorced. James was given custody of Seth, and Jessica was to pay $175 /month in child support.

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Facts Meanwhile, Seth was still struggling. He was constantly getting in trouble in kindergarten, and his teacher recommended he see a psychologist.

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Facts The psychologist diagnosed Seth with Fetal Alcohol Syndrome (FAS) due to Jessicas heavy drinking during her pregnancy.

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Facts Seth was transferred to a special education program. Other programs were suggested to help Seth, but these were all expensive and could not be afforded by a single parent with under $200 /month in child support.

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Facts James learned that Jessica came into a large amount of money from the sale of her deceased grandfathers house. James asked for half to put in a trust fund for Seth, but Jessica refused.

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Affidavits and Depositions

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Sheila Michaels, M.D. Seth does have Fetal Alcohol Syndrome. He was born at 4lbs, 14 oz. and was 15 in long. He is extremely social and hyperactive. He has some facial defects. He places himself in dangerous situations. His hyperactivity causes disruptions in the classroom. He receives special aid in school. She believes he is mildly retarded.

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James is trying to work hard with Seth based on suggestions from his teachers. Seth is friendly but hyperactive. He has a very short attention span and is hard to care for. James has the support of his mother. They are both very patient. Seth will probably need to live in some type of assisted living situation for the rest of his life. One of his teachers believes he might have a hearing impairment. Geraldine Trainor, M.S.W., Billings County Social Services

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Gregory Buchner, M.D. He was Jessicas doctor throughout her pregnancy. He gave her useful information about alcohol and pregnancy. Most damage from alcohol is done during the first few weeks of the pregnancy. Jessicas pregnancy was unplanned. He had no way of knowing how much alcohol she was drinking. He probably would not have been able to find an alcohol treatment program willing to take a pregnant teenager.

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Andrew Hunt, parent of a child with FAS His wife was an alcoholic and drank heavily during her pregnancy, so his son was born with FAS. He divorced his wife and got full custody of his son, Bobby, but he is still angry at his wife. He feels like Bobby is not like other boys. Bobby doesnt play sports and finds it hard to communicate. Bobby exhibits compulsive behavior common with FAS. Bobby forgets things one day to the next. He feels that raising Bobby has made him a better person.

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Jessica Nordeen She told Dr. Buchner she drank while pregnant. She did not know she was pregnant the first three months, and drank heavily then. She drank 4-6 beers a night on weekends and sometimes during the week as well. She knew about not drinking while pregnant, but she didnt think it would affect her. She was not happy about the pregnancy, so she didnt want to read over the pamphlets Dr. Buchner gave her and have to think about it. She only got really drunk a couple times during the pregnancy.

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Jessica Nordeen (continued) Her mother told her not to drink, but she ignored her, like she usually does. She felt that it was not fair that James still got to drink when he told her to stop. Its my body. I have the same right they do. People who drink dont always have babies with problems. I wasnt trying to hurt the baby. She drank because her friends were drinking, and she was depressed. I dont get why everything is my fault. Why should I be the only one who had to quit?

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Kathy Nordeen, mother of Jessica Nordeen Jessica told her of her pregnancy after she visited the doctor. Jessica was wild and hung out with a drinking crowd. She and Jessica fought a lot when Jessica was in high school, but they do better now. I tried to tell her no, but it was one of those things where if I said black she said white we just didnt get along. She was unaware of how much Jessica was drinking. Jessica didnt drink at home, that she knows of. She never gave Jessica alcohol.

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Relevant Laws

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Persons under 21; illegal acts related to alcohol Subdivision 1. Consumption (2) It is illegal for anyone under the age of 21 to drink alcohol unless it is at the home of his or her parents or guardians with their permission. Jessica was under 21 when she was drinking during her pregnancy. Her mother stated that she did not think Jessica ever drank at home.

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Persons under 21; illegal acts related to alcohol Subdivision 3. Possession (2) It is illegal for anyone under the age of 21 to possess alcohol with the intent to drink it anywhere other than the home of his or her parent or guardian. Jessica was under 21 when she was drinking during her pregnancy. Her mother stated that she did not think Jessica ever drank at home.

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Case Laws

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Jones v. Anytown Raceway In order to sue for negligence, the plaintiff must prove: the defendant had a legal duty to prevent the plaintiff from harm, The defendant failed to carry out that duty, The failure to carry out the duty caused the damage, The harm is recognized by law as worthy of deserving compensation. Jessica had a legal duty to protect Seth from harm. She failed to carry out that duty by drinking. Her drinking caused Seths FAS. Her causation of Seths disability is worthy of compensation now that she has the funds to provide it.

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Holly v. Anytown Hotel The defendant does not have to be aware of a particular way in which someone might be hurt or in an accident in order to be aware that there could be an accident. Although Jessica claims she did not know the extent to which her actions could affect Seth, that does not mean that she is immune to any damages caused by her not knowing. Ignorance of the law is not an excuse to break it.

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Lu v. Lopez An accident is considered foreseeable if a person of ordinary intelligence could see that one is possible. A person of ordinary intelligence could see that drinking while pregnant will probably lead to Fetal Alcohol Syndrome. This is why the vast majority of babies are born without FAS.

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Jones v. Anytown Community Church Negligence is doing something a person of ordinary intelligence would not do in a given situation, or not doing something a person of ordinary intelligence would do. A person of ordinary intelligence would not drink while pregnant like Jessica did. A person of ordinary intelligence would, however, read the pamphlets given to her by her doctor and listen to advice from her husband and mother.

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Black v. Ross Whether a person is responsible for anothers harm depends on the relationship between the two parties and how clearly the danger or harm could be foreseen. Given Jessicas relationship as Seths mother, she definitely has responsibility for him. Given the resources Jessica was, the harm caused by alcohol to a human fetus could definitely be clearly foreseen.

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Verdict

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Jessica Nordeen should be forced to give up half of the money she received from the sale of her deceased grandfathers house in order to set up a trust fund for Seths future needs. Based on the facts, laws, and information given,

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