Seattle Judge: Boeing Can’t Throw Out Worker’s Birth Defect Lawsuit

Birth Defects, Boeing

Current and former Boeing Co. employees secured an important victory in their fight to hold the company accountable for birth injuries they believe were caused by on-the-job exposure to toxic chemicals.

In “Boeing Can’t Exit Wash. Worker’s Birth Defect Suit,” reporter Rachel Riley recounts Boeing’s failed bid to dismiss former Boeing employee John Kemmling’s lawsuit concerning his son Christian’s birth defects. Despite Boeing recognizing its duty to protect employees, the corporation argued against responsibility for the health of workers’ unborn children.

Judge denies Boeing dismissal request

In a March 22, 2024, ruling, King County Superior Court Judge William L. Dixon V rejected Boeing’s request for dismissal. At an earlier hearing, Judge Dixon questioned Boeing’s denial of responsibility given claims by the family that the company had known for decades that exposure to chemicals used in its plants could cause birth defects in workers’ children. The judge’s ruling means Kemmling’s lawsuit can proceed.

“The birth-defect claims in this case, including the existence of a duty of care to later-conceived children of Boeing workers who were exposed to reproductively toxic chemicals, are very important, and we look forward to proceeding with the litigation,” Waters Kraus Paul & Siegel partner Michael Gurien told Law360.

Kemmling faced hazardous material exposure at Boeing’s Everett and Renton plants in the late ’90s and early 2000s. Christian, born in 2006, has a number of conditions attributed to his father’s exposure, including Autism Spectrum Disorder, Ohdo Syndrome, ventricular septal defect, and intellectual disability.

Failure to warn employees about chemical exposure risks

Lawsuits filed by current and former Boeing employees highlight the company’s awareness of chemical risks since 1980 and failure to warn or protect employees adequately. The families contend that Boeing had a duty to safeguard future children from foreseeable harm caused by chemical exposure.

Numerous lawsuits accuse Boeing of birth defects from chemical exposure, with some settled and others pending.

How We Help Victims of Toxic ExposureThe attorneys of our birth defects victims’ alliance understand the pain that families face when coping with life-altering birth defects—and the frustration of knowing they could have been prevented. Our team has over 40 years of combined experience in birth defects litigation in cases involving semiconductor and electronics manufacturing, pesticides, and energy production. We have the resources and experience to fight on behalf of our clients against corporations that put them in danger. Call us to see how we can help you and your family receive justice for birth defects.