Boeing Can’t Shake Toxic Exposure, Birth Defect Injury Lawsuit Claims

In a key appellate ruling impacting workers exposed to chemical hazards, a Washington state appellate court rejected an attempt by Boeing to dismiss claims by workers whose children were born with serious birth defects.

The ruling by the Washington State Court of Appeals is an important victory for current and former Boeing employees represented by Waters Kraus Paul & Siegel, who allege that years of exposure to chemical hazards in Boeing manufacturing facilities caused reproductive harm that resulted in devastating injuries in their children.

“The appeals court judges looked closely at the facts and testimony law and the facts and confirmed that Boeing may be held responsible for harm that was foreseeable,” said Waters Kraus Paul & Siegel attorney Patrick Wigle. “This ruling means current and former Boeing workers can continue to fight for justice and accountability for the toxic exposure they needlessly suffered.”

The ruling stems from the case of Teela Bauer et al. v. The Boeing Company, one of several lawsuits filed by Waters Kraus Paul & Siegel on behalf of Boeing workers and their families.

Boeing Must Answer Toxic Exposure, Birth Injury Lawsuit Claims

At issue is a birth defect lawsuit filed by Teela and Thomas Bauer, whose son, Milo, was born with severe birth injuries, including spinal and hard malformations. Milo’s father was routinely exposed to dangerous chemicals, including organic solvents and heavy metals like hexavalent chromium (Chromium VI), cadmium and lead, and organic solvents including toluene, xylene, petroleum distillates, methyl ethyl ketone (MEK), methyl propyl ketone (MPK), and trichloroethylene (TCE).

According to the Boeing birth defect lawsuit, the company failed to warn employees about the known dangers of exposure to chemicals used in its manufacturing facilities. Court records and internal documents show that Boeing was aware of the toxic exposure risks for workers, including reproductive dangers, by 1980 or earlier.

Boeing tried to dismiss Milo’s lawsuit, arguing that it did not owe birth defect victims like Milo a legal “duty of care” because his father’s exposure to chemical hazards occurred before Milo was conceived. In a unanimous May 18, 2026, opinion, the court ruled that Boeing must answer to the legal claims because it was “foreseeable” that workers exposed to chemical hazards would conceive children. The appellate opinion upholds an earlier King County Superior Court ruling that rejected Boeing’s motion for dismissal.

“The relevant inquiry is not whether a preconception duty can ever be owed in the employment context, but whether our standards support that Boeing owed Milo a duty of care — they do — and whether Milo was a foreseeable plaintiff — he was,” Judge Ian Birk wrote.

Boeing also argued that if Milo’s injuries were connected to his father’s exposure, the company could not be sued because workers’ compensation laws provide employers with immunity from most workplace injury claims. The Court of Appeals rejected that argument, as well.

Complex Litigation Involving Toxic Exposure and Birth Defects

Birth injury lawsuits involve highly complex scientific and legal issues at the intersection of toxic exposure and reproductive injury—areas where Waters Kraus Paul & Siegel has extensive experience representing injured workers and families nationwide.

The appellate decision is a significant step forward in holding Boeing accountable and ensuring that workers and their children can pursue justice. More broadly, the ruling shines a light on a troubling issue: exposure to hazardous and toxic chemicals in the workplace has consequences that extend far beyond the factory floor, affecting families and future generations when employers fail to protect workers from known dangers.

How We Help Victims of Boeing Toxic Exposure

Seek justice with the help of our experienced lawyers. Our birth defects law firm has battled corporate giants on behalf of individuals like you for 20 years, aggressively fighting to hold them responsible for dangerous chemicals and the birth defects and personal injuries they cause. If you have a child with birth defects caused by working at Boeing, we can help.