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Hot Zone Exposure: Two Birth Defects

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tkmarshel

Junior Member
What is the name of your state?What is the name of your state? Texas

Is there any statue of Limitations on sueing a developer for selling me a home in a contaminated zone, that resulted in two of my children being born with severe birth defects? According to the information I was given, after the fact, we should of been notified of the contaminated zone on the disclosure documents as of the January 1st deadline.
The developer, realestate company, and who ever should been held responsible for not disclosing to us that this home was in a toxic zone. My two kids now are still severely disabled, blind, quadraplegic, nonvocal, ect. But we have yet to get to the developer or real estate company who had prior knowledge of the area.
 


tkmarshel

Junior Member
Disclosures to realestate purchases

Texas:
Anyone know what the disclosure laws for realestate as it pertains to toxic tort? Are there statue of limitations?
 

ellencee

Senior Member
tkmarshel
I don't know the answer to your recent question. I want to ask you a couple of things about your posts and ask you for a timeline so that I can better understand the events.

I did some research into the effects of the husband's and/or father's over-exposure to radiation or RADs. I found that your over-exposure could have affected your wife's health (including ovum) and any pregnancy that occurred during the time of your over-exposure. Also, any sperm production during this time could be affected by the over-exposure. I found birth defects just as you described that are directly related to the father's RAD count during the time of sperm production, the fetal gestational period, and even pre-conception when the ovum were damaged from exposure from the male partner (not his sperm, just him).

Your wife's reluctance to have marital relations with you could be the result of her instincts that such is the cause of so much heartbreak, whether due to Your excessive RADs or simply due to the heartbreak of birth defects. Depression kills sexual drive in most women as does exhaustion. I'm sure that either is or both are valid issues with which your wife is trying to cope.

If the children were conceived during a time of your excesssive RADs, how would you be able to say that your real estate issue is the cause when scientifically, your condition is the finding of most consequence?

I am very much agrieved by your accounting of events. I can not help but hope that you have sufficient legal remedy available to you and your family.

EC
 

tkmarshel

Junior Member
Order of events....

Thanks for your concern....timeline is different to your hypothesis...Our first normal child conceived in a "Clean" home...normal development...the we purchased a home in Bryan Tx and the second child conceived in this home...Child born hypoplastic, seizure disorders, blind...ect..Drs said it was a fluke...Genetics normal, chromosomes normal...odds of repeating millions to one...3rd child conceived....born with same problems...talked to a environmental chemist professor about problem and he told us about the environmental problems associated with the neighborhood...14 other kids born acephalic.. (headless)..Later I found out that the developer and realestate company new about the area...more to come ....
 

FarmerJ

Senior Member
sincere question , in your area have any of the nieghbors found anything in the ground when digging ? ( for things like trees or basements or water or sewer line changes ) things that would reveal old dump sites like rusted out barrels etc ? perhaps its time as a group to get neighbors together and invite a atty to come and talk to a number of you at once . what do the old records for that area show to have been there ? very last thing maybe some of the oldest of the old people in town can tell you what used to go on out there back in the 40s or 50s , there are places now that many years ago no one ever dreamed that citys would expand into and were used as dump sites long ago .
 

tkmarshel

Junior Member
Toxic Tort Follow up

Texas
Thanks for the question.
The answer is that this French Petrochemical Company was incinerating there waste products ( Pesticides) instead of barreling them and sending them out for disposal. This company had been doing this for years. The incineration process failed to break down the constituents of the pesticides for example the manganese, zinc, and arsenic components. Since these constituents failed to break up in the incineration process, the wind would carry the ashes downwind and precipate onto the ground and trees. This process was continued for years. The precipation embetted in the topsoil. When the development was laid, bulldozers came in and lifted the contaminates airborne and anything that would breath the stuff in would have exposure...ect...
There is a national database for regional and local dumpsites. Try looking into GEOSOURCE's national database for your area code....I was the guest of the Phil Donague Show years ago, and I have lots of resources available if you need follow up...good luck...dont open the pandoras box...trust me.
 

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