Pregnancy and Wildfire Smoke Lawsuit

Meanwhile, some schools have burned down and some kids have to home school, learning remotely on a computer like they did back in the COVID days. “This affects their learning and quality of life. The isolation from the classroom and their friends and teachers causes anxiety and stress for them.” adds McClean.

Pregnant women are more at risk of air pollution from wildfires than the general population for numerous reasons. “Pregnant women’s mucus membranes are plumper and more active. This is why pregnant women tend to suffer from congestion more. The plumper the mucus membranes, the higher the likelihood that pollution and particulates will enter their system – all of which can intensify the effects of smoke and air pollution,” adds McClean. “Also, pregnant women’s blood volume increases substantially for their growing baby throughout pregnancy, and this means their heart rates are higher, which can also increase respiratory rates.  Higher breathing rates mean they are breathing in more pollution. They can have more symptoms than the average person, making them more vulnerable.”

Research indicates that maternal wildfire exposure is associated with poor birth outcomes. Babies born to mothers exposed to wildfires could be below average size, and the effect is potentially most substantial in late gestation. The American College of Obstetricians and Gynecologists in January 2025 stated that pregnant, postpartum, and lactating individuals and their newborns and infants can be adversely affected by disasters and disaster-related environmental conditions. 

Pregnancy itself can be stressful, and now these people have more than the usual considerations to prepare for, such as maintaining prenatal care and preparing for delivery. Even more worrisome is the possibility of relocating, adding to financial burdens. “More inconvenience for your family is important from a legal point of view, especially in Altadena, Palisades, and Eaton areas where homes can have smoke damage and asbestos exposure may force people to relocate,” says McClean, “and that means maybe having to find another hospital and OB/GYN to deliver your child and receive care.” 

McClean knows first-hand the worries and concerns the wildfires caused. “The fire was about 1.5 miles away from me in Topanga Canyon and we were given an evacuation warning,” says McClean. “I was scared when the power went out and transformers started blowing up around our house. We live on a mountainous narrow street, and trees were falling down, so not wanting to get trapped, my husband and I packed our baby and toddler and left.” Of course, McClean points out that this is no comparison to so many unfortunate people who lost their homes, but she is very concerned for her two young sons, one of whom was premature and is now ten months old, and her other son is two-years-old. “I have clientele affected by the fires, some of whom have kids and a few are expecting. That is why I want to help people forced to relocate and worried about exposure to their unborn children and their kids,” says McClean.

McClean recently interviewed an OB/GYN who recommends that pregnant women wear N95 masks as particles and ash are inhaled without a mask. And consider investing in an air purifier. The CDC and the ACOG have posted guidelines recommending pregnant people to stay inside as much as possible with windows and doors closed, use HVAC systems with filters or portable air purifiers, and wear N95 masks if outdoor exposure is unavoidable.

Smoke Exposure Lawsuits

McClean is currently taking clients who have been affected by the wildfires, which will be individual lawsuits once her law firm has completed enough investigations and has a large enough group of claimants to file a lawsuit. “When you file a complaint such as this, involving many people, the court will usually classify them as complex cases and they are handled in specific courtrooms by specific judges. For instance, the Porter Ranch environmental lawsuit had many individual claims about one event,” she explains.  (See the LawyersandSettlements Porter Ranch interview with Robert Kennedy Jr ).

McClean says her firm prosecutes these cases against companies and entities that are at fault for causing the fires– they are not going after insurance companies of those who have lost their homes or had property damage. The investigation is still ongoing and in the early stages, but more and more evidence is coming to light that SoCal Edison is at fault for the Eaton Fire. This allegation is backed up by a recent New York Times article that includes a new video showing flashes of light near three high-voltage electrical towers in Eaton Canyon, and then flames moments later. 

Wildfire Claim and Your Insurance

“It’s important for people to understand that we are not suing your insurance company or making a claim through your insurance company.” explains McClean. “Many people come to me worried about their premiums increasing if they retain us. We are not suing the homeowners or fire insurance companies of clients; we are making claims against companies or entities that we believe are at fault for causing the fire in the first place. Our firm pursues claims on behalf of fire victims for property damage and for damages not covered by homeowners’ insurance: personal injury, emotional damage, loss of use, and other damages.” So, how does this work if an insurer pays you for property loss? McClean says you won’t be able to claim property damage in a lawsuit against a utility if you have already been paid for that property damage by your insurance – there is no double dipping.

Some people are afraid to make insurance claims and others may be intimidated or scared to hire a lawyer. However, if you suffered burns, smoke damage, relocation, business loss, emotional distress, or you don’t have enough coverage, that is when McClean steps in. “People think they will be more in the hole with legal help, but we work strictly on a contingency basis, which means we don’t get paid unless your claim is successful – it is low risk for you to have us involved.” And you’ll have some peace of mind with Marley McClean’s firm on your side.