Legal battle to show toxic metal baby food causation

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As the number of children diagnosed with autism hits staggering highs, a groundbreaking lawsuit seeks to hold some of America's most trusted baby food companies at least partially responsible.

The first of its kind lawsuit is on the cusp of a monumental step forward. This month, a judge heard early arguments about the presence of toxic heavy metals in baby food, and how they may harm a child's developing brain. It's an issue Spotlight on America has been investigating for years. If the judge rules that the science is valid, major brands like Gerber and Beech-Nut could soon be in the hot seat in a court of law and millions of families could have potential recourse.

potlight on America was first to speak with the California mom who is taking on an army of industry giants on behalf of her son, claiming his autism diagnosis can be traced back to heavy metals in the food he ate as an infant.

The discovery of toxic heavy metals like lead, mercury, arsenic and cadmium in baby food is not new.

We tracked down the original scientists who conducted the first major testing of baby food for heavy metals in 2016. Those scientists, we discovered, tried to warn both the baby food companies and the Food and Drug Administration about what they found.

Documents obtained by Spotlight on America confirmed the FDA and industry knew about the problem but failed to take action. And while a key lawmaker worked tirelessly to hold companies accountable, the contamination continued. We discovered baby foods, exposed in two congressional reports for having dangerous levels of heavy metals, were still being offered to low-income families through a government food assistance program.

But, despite wide-ranging investigations and damning evidence uncovered by a congressional committee, the issue has never been in court — until now.

At the center is Melissa Cantabrana, a mother who is taking on the baby food industry because of her 8-year-old son Noah, who has autism. Cantabrana glows when she talks about him.

Her legal team, led by Pedram Esfandiary of the Baum Hedlund firm intends to establish a causal link between toxic heavy metals in baby food and autism/attention deficit hyperactive disorder (ADHD).

Esfandiary is no stranger to uncharted territory. He and fellow attorney Brent Wisner worked on the trial team that won the first of multiple groundbreaking verdicts against Monsanto, claiming the company sold the weed killer RoundUp knowing it caused cancer. Esfandiary's arguments paved the way for jury verdicts worth billions.

The targets of this latest lawsuit, giants like Gerber, Wal-Mart and Beech-Nut have amassed legal teams of dozens of attorneys.

The complaint alleges that Noah "lives with Debilitating Autism Spectrum Disorder and Attention Deficit Hyperactive Disorder because he consumed poisonous Baby Foods manufactured and sold by these Defendants."

The counts include:

Failure to warn
Design defect
Manufacturing defect
Negligent product design
Negligent manufacturing
Negligent misrepresentation

he complaint goes on to say there are multiple studies that have observed "a positive association between exposure to Toxic Heavy Metals and the development of ASD (Autism Spectrum Disorder) in children and infant populations."

A key step in the case is proving the science. The court required Esfandiary to demonstrate there is enough science on the issue to proceed to a jury trial in what's known as a Sargon hearing, which allows both sides to educate the court on the science their arguments are based on, leaving a judge to decide whether each expert's opinion is based on "sound logic."

In a virtual hearing over the course of four days, the judge heard from a panel of four experts. A brief summary of their expertise is below. To read their full biographies, click here. To read their reports, click on their names below.

Dr. Beate Ritz — Professor of epidemiology at the UCLA Fielding School of Public Health

Dr. Michael Aschner — Professor of neuroscience; professor of pediatrics; investigator, Rose F. Kennedy Intellectual and Developmental Disabilities Research Center

Dr. Kevin Shapiro — Medical director and clinical executive for research and therapeutic technologies at Cortica Healthcare, an organization that provides comprehensive assessment and therapeutic services for children with autism and other neurodevelopmental differences.

Dr. Hannah Gardener — Epidemiologist at the University of Miami Miller School of Medicine
The experts testified heavy metals in baby food can cause autism spectrum disorder and ADHD.
Esfandiary told Spotlight on America his experts can make the case, despite efforts by the defense to paint heavy metals in baby food as the unfair recipients of public ire in much the same way that vaccines were once blamed for autism, but are now vindicated.

"Defendants have actually already tried to compare our case to vaccines, and it simply just falls by the wayside because it's a complete red herring," said Esfandiary. "We're talking about different types of mercury and our experts will address this. I'm not worried about it. I'm confident the court will see through their charade and exclude any references to vaccines because it simply has nothing to do with this case whatsoever."

The next step will happen in early March when the judge will hear from defense experts. A ruling could come shortly thereafter. If the judge decides that the science is valid, the case will move to discovery, which could potentially unleash a trove of new documents and data on the issue.

Esfandiary believes if the judge rules the science is valid and allows discovery, a jury trial could happen this year

So why aren't all kids autistic. Maybe it just depends on which flavors we prefer .

I'm still waiting for the explanation about being diagnosed with autism at 3 without having any vaccinations until I was about to enter kindergarten.

I was almost expecting to see the name Wakefield in there somewhere