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A toxic tort claim is a specific type of personal injury lawsuit in which the plaintiff claims that exposure to a chemical or dangerous substance caused the plaintiff's injury or disease.
People may be exposed to toxic chemicals or similar dangerous substances from pharmaceutical products, [1] consumer products, the environment, [2] or in the home or at work. [3] Many toxic tort cases arise either from the use of medications, or through exposure at work.
There have also been many occupational toxic tort cases, because industrial and other workers are often chronically exposed to toxic chemicals - more so than consumers and residents. Thousands of toxic chemicals are used in industry and workers in these areas can experience a variety of toxic injuries. Unlike the general population, which is exposed to trace amounts of thousands of different chemicals in the environment, industrial workers may be regularly exposed to much higher levels of chemicals and therefore have a greater risk of developing disease from particular chemical exposures than the general population.
An occupational toxic injury case may result in a workers' compensation claim, which is made against the worker's employer. The same injury can potentially support a toxic tort case against "third parties", that is, people or entities other than the employer, such as manufacturers or distributors of chemicals, substances or equipment that exposed the worker to the chemicals, or the people or entities in control of the premises where the worker was exposed to the toxic chemicals.
Pharmaceutical injuries can occur when a person is injured by a dangerous, defective or contaminated medication. Many pharmaceutical toxic injury cases are mass tort cases, as most medications are consumed by thousands of people. The cases are often litigated against drug manufacturers and distributors, and potentially against prescribing physicians. When prosecuted against drug manufacturers and distributors, pharmaceutical toxic tort cases differ from medical malpractice suits in that pharmaceutical toxic tort cases are essentially product liability cases, the defective product being the drug.
The home has recently become the subject of toxic tort litigation, due to exposure to mold contamination, construction materials such as wood or carpeting treated with formaldehyde, and pesticides, and lead paint. Some imported consumer items, such as toys and ceramics, may be produced with dangerously high levels of lead.
People may also be injured from environmental toxins in the air or in drinking water.
When a toxic tort case is based on chemical exposure, the following chemicals may be involved:
Among the medical conditions that may be alleged to be caused by exposure to a toxic substance, the following may be claimed in toxic tort cases.
Toxicity is the degree to which a chemical substance or a particular mixture of substances can damage an organism. Toxicity can refer to the effect on a whole organism, such as an animal, bacterium, or plant, as well as the effect on a substructure of the organism, such as a cell (cytotoxicity) or an organ such as the liver (hepatotoxicity). By extension, the word may be metaphorically used to describe toxic effects on larger and more complex groups, such as the family unit or society at large. Sometimes the word is more or less synonymous with poisoning in everyday usage.
Toxic waste is any unwanted material in all forms that can cause harm. Mostly generated by industry, consumer products like televisions, computers, and phones contain toxic chemicals that can pollute the air and contaminate soil and water. Disposing of such waste is a major public health issue.
A xenobiotic is a chemical substance found within an organism that is not naturally produced or expected to be present within the organism. It can also cover substances that are present in much higher concentrations than are usual. Natural compounds can also become xenobiotics if they are taken up by another organism, such as the uptake of natural human hormones by fish found downstream of sewage treatment plant outfalls, or the chemical defenses produced by some organisms as protection against predators.
Lindane, also known as gamma-hexachlorocyclohexane (γ-HCH), gammaxene, Gammallin and benzene hexachloride (BHC), is an organochlorine chemical and an isomer of hexachlorocyclohexane that has been used both as an agricultural insecticide and as a pharmaceutical treatment for lice and scabies.
A chemical hazard is a (non-biological) substance that has the potential to cause harm to life or health. Chemicals are widely used in the home and in many other places. Exposure to chemicals can cause acute or long-term detrimental health effects. There are many types of hazardous chemicals, including neurotoxins, immune agents, dermatologic agents, carcinogens, reproductive toxins, systemic toxins, asthmagens, pneumoconiotic agents, and sensitizers. In the workplace, exposure to chemical hazards is a type of occupational hazard. The use of protective personal equipment (PPE) may substantially reduce the risk of damage from contact with hazardous materials.
The Toxic Substances Control Act (TSCA) is a United States law, passed by the 94th United States Congress in 1976 and administered by the United States Environmental Protection Agency (EPA), that regulates chemicals not regulated by other U.S. federal statutes, including chemicals already in commerce and the introduction of new chemicals. When the TSCA was put into place, all existing chemicals were considered to be safe for use and subsequently grandfathered in. Its three main objectives are to assess and regulate new commercial chemicals before they enter the market, to regulate chemicals already existing in 1976 that posed an "unreasonable risk of injury to health or the environment", as for example PCBs, lead, mercury and radon, and to regulate these chemicals' distribution and use.
Persistent organic pollutants (POPs) are organic compounds that are resistant to environmental degradation through chemical, biological, and photolytic processes. They are toxic chemicals that adversely affect human health and the environment around the world. Because they can be transported by wind and water, most POPs generated in one country can and do affect people and wildlife far from where they are used and released.
Endrin is an organochloride with the chemical formula C12H8Cl6O that was first produced in 1950 by Shell and Velsicol Chemical Corporation. It was primarily used as an insecticide, as well as a rodenticide and piscicide. It is a colourless, odorless solid, although commercial samples are often off-white. Endrin was manufactured as an emulsifiable solution known commercially as Endrex. The compound became infamous as a persistent organic pollutant and for this reason it is banned in many countries.
Occupational lung diseases are work-related, lung conditions that have been caused or made worse by the materials a person is exposed to within the workplace. It includes a broad group of diseases, including occupational asthma, industrial bronchitis, chronic obstructive pulmonary disease (COPD), bronchiolitis obliterans, inhalation injury, interstitial lung diseases, infections, lung cancer and mesothelioma. These diseases can be caused directly or due to immunological response to an exposure to a variety of dusts, chemicals, proteins or organisms.
Skin absorption is a route by which substances can enter the body through the skin. Along with inhalation, ingestion and injection, dermal absorption is a route of exposure for toxic substances and route of administration for medication. Absorption of substances through the skin depends on a number of factors, the most important of which are concentration, duration of contact, solubility of medication, and physical condition of the skin and part of the body exposed.
Right to know is a human right enshrined in law in several countries. UNESCO defines it as the right for people to "participate in an informed way in decisions that affect them, while also holding governments and others accountable". It pursues universal access to information as essential foundation of inclusive knowledge societies. It is often defined in the context of the right for people to know about their potential exposure to environmental conditions or substances that may cause illness or injury, but it can also refer more generally to freedom of information or informed consent.
Environmental toxicology is a multidisciplinary field of science concerned with the study of the harmful effects of various chemical, biological and physical agents on living organisms. Ecotoxicology is a subdiscipline of environmental toxicology concerned with studying the harmful effects of toxicants at the population and ecosystem levels.
A toxic injury is a type of injury caused by toxin. Toxic injuries can cause teratogenic effects, respiratory effects, gastrointestinal effects, cardiovascular effects, hepatic effects, renal effects and neurological effects. They can also lead to various forms of cancer or learning disability. Effects can occur after acute (short-term) or chronic (long-term) exposure, depending on the toxicity of the substance.
Reproductive toxicity refers to the potential risk from a given chemical, physical or biologic agent to adversely affect both male and female fertility as well as offspring development. Reproductive toxicants may adversely affect sexual function, ovarian failure, fertility as well as causing developmental toxicity in the offspring. Lowered effective fertility related to reproductive toxicity relates to both male and female effects alike and is reflected in decreased sperm counts, semen quality and ovarian failure. Infertility is medically defined as a failure of a couple to conceive over the course of one year of unprotected intercourse. As many as 20% of couples experience infertility. Among men, oligospermia is defined as a paucity of viable spermatozoa in the semen, whereas azoospermia refers to the complete of absence of viable spermatozoa in the semen.
Pesticide regulation in the United States is primarily a responsibility of the Environmental Protection Agency (EPA). In America, it was not till the 1950s that pesticides were regulated in terms of their safety. The Pesticides Control Amendment (PCA) of 1954 was the first time Congress passed guidance regarding the establishment of safe limits for pesticide residues on food. It authorized the Food and Drug Administration (FDA) to ban pesticides they determined to be unsafe if they were sprayed directly on food. The Food Additives Amendment, which included the Delaney Clause, prohibited the pesticide residues from any carcinogenic pesticides in processed food. In 1959, pesticides were required to be registered.
Agricultural safety and health is an aspect of occupational safety and health in the agricultural workplace. It specifically addresses the health and safety of farmers, farm workers, and their families.
Occupational toxicology is the application of toxicology to chemical hazards in the workplace. It focuses on substances and conditions that occur in workplaces, where inhalation exposure and dermal exposure are most important, there is often exposure to mixtures of chemicals whose interactions are complex, health effects are influenced or confounded by other environmental and individual factors, and there is a focus on identifying early adverse affects that are more subtle than those presented in clinical medicine.
A poison can be any substance that is harmful to the body. It can be swallowed, inhaled, injected or absorbed through the skin. Poisoning is the harmful effect that occurs when too much of that substance has been taken. Poisoning is not to be confused with envenomation.
Within the United States, the use of asbestos is limited by state and federal regulations and legislation. Improper use of asbestos and injury from exposure is addressed through administrative action, litigation, and criminal prosecution. Injury claims arising from asbestos exposure may be tried as mass torts.
ChemRisk is a Delaware Limited Liability Company, a for-profit scientific consulting firm headquartered in San Francisco, California that is part of Cardno ChemRisk. ChemRisk founder and former president, Dennis Paustenbach, "has long been an expert witness and top consultant" to "scores of companies in the chemical, energy and medical products industries" facing lawsuits over products or environmental practices or product safety. Their clients included San Francisco-based utility Pacific Gas & Electric (PG&E) and BP. ChemRisk uses toxicology and risk assessment to measure the hazards of chemicals in soil, air, water, food, sediments and consumer products.
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