Toxic tort litigation usually deals with chemicals from pharmaceuticals, consumer products, or the environment. Two of the most common toxic tort litigation claims are either mass tort cases against a specific drug or occupational toxic tort cases where workers are exposed to unhealthy or deadly working conditions.
Work related toxic tort cases are different from workers’ compensation claims, because workers’ compensation claims are made against the worker’s employer. Occupational toxic tort case usually brought against third parties, such as manufacturers or distributors of chemicals, the machines or devices that expose the worker to the chemicals, or the owners and lessors of premises where the worker was exposed to the toxic chemicals.
Pharmaceutical toxic tort cases are often litigated against drug manufacturers and distributors, in addition to the prescribing physicians. These cases are different from medical malpractice because they are really more of a product liability cases.
While asbestos exposure and mass tort drug cases are some of the most common a recent addition to the list is toxic tort litigation in the home. This is usually due to mold contamination, improper construction materials such as formaldehyde-treated wood and carpet or asbestos.
Common chemicals in toxic tort cases
- Dioxin/Agent Orange PCBs
Common diseases in toxic tort cases
- Hodgkins disease
- Interstitial lung disease
- Multiple myeloma
- Thrombocytopenic purpura