Toxic exposure cases help empower employees to fight for their right to be protected, satisfactorily informed, and to stay safe. They also bring awareness to challenge and higher the expectations of companies who are not serving their employees justly.
A toxic tort is a specific type of personal injury that occurs as a result of the exposure to toxic materials or chemicals. Many people are unknowingly exposed to dangerous substances at their work place and only discover the past exposure after they have been diagnosed with a serious condition associated with the toxic material.
Many people are familiar with the term “class action.” A class action lawsuit is appropriate where the claims are all the same and can be handled in one case without a party being prejudiced. Since most toxic tort cases involve different issues related to the amount of exposure, the types of injuries being claimed, and the manner of which those damages were caused, class action treatment is usually not appropriate in toxic tort cases.
However, toxic tort cases often involve many similarities related to the liability and general causation questions, and consolidation can be effective for both parties through a mass tort program. A “mass tort” is similar to a class action in that there are procedural steps to consolidate similar claims before one Court to more efficiently litigate the case.
Typically, these cases are consolidated for the purposed of pre-trial discovery, but the case is not joined for a trial. Through pre-trial consolidation the Courts can avoid inconsistent rulings and have a more manageable discovery process.
There is a wide variety of toxic exposure litigation. The most common toxic tort cases involve victims of the following:
A wide variety of toxic materials on the job or home may cause a number of severe conditions and diseases. Illnesses and injuries that commonly occur as a result of exposure to toxic materials include:
The Lyon Firm has years of experience litigating sensitive and valuable toxic exposure cases on behalf of plaintiffs. Joe Lyon takes pride in holding companies responsible following consumer injury or workplace toxic exposure. The Lyon Firm specializes in the following practice areas:
Many years after the discovery of its cancer-causing potential, still one of the largest toxic tort litigation in America involves asbestos exposure. Asbestos is a toxic material that is commonly used in commercial and residential construction, and a wide variety of industrial installations because of its high resilience to heat and effective insulating properties.
Long-term exposure and inhalation of asbestos fibers, however, causes serious respiratory diseases and cancers such as lung cancer and mesothelioma. You can qualify for an asbestos exposure claim if you have developed cancer linked to past workplace exposure to toxins.
A huge wave of lawsuits involving Monsanto’s iconic weedkiller, Roundup, have hit Bayer with massive verdicts, putting pressure on the company to settle thousands of claims.
Roundup’s active ingredient, glyphosate, has been linked to an increased risk of developing leukemia and non-Hodgkin lymphoma. Farmers, groundskeepers, plant nursery workers and landscapers have filed toxic tort claims, alleging that Roundup exposure led to the development of cancer. You may qualify for a Roundup lawsuit if you have been diagnosed with non-Hodgkin lymphoma or leukemia and have documented use of a weedkiller or pesticide in the past.
Johnson & Johnson faces thousands of cancer claims in lawsuits alleging the company’s talc and Baby Powder products were contaminated with asbestos, leading to the development of mesothelioma and ovarian cancer in many women who used the product regularly. Plaintiffs may file a claim if they have used a talcum powder product for many years and developed cancer.
Plaintiffs say the company was aware of the contamination and cancer risks decades ago but chose not to alert the public in fear of harming the company’s reputation. Many product liability lawsuits involve companies who place profit before the health of the consumer.
Benzene exposure has been linked toAML cases nationwide. Many workers in the oil and rubber industries have fallen ill after many years of workplace exposure. Workers who have worked with rubber, PVC, vinyl chloride or other chemicals containing benzene can file a claim if they have developed cancer.
Drug injury cases are complex, and are generally filed as part of a class. When defective drugs are recalled and patients are injured by a pharmaceutical, a toxic tort attorney may be necessary to represent victims, and to assist in recovering rightful compensation.
Drug defect injury cases are quite common and can involve drug contamination, a failure to properly perform clinical trials, dosage and labeling errors, and undisclosed side effects.
Household chemicals, including disinfectants and common garden pesticides may cause serious illness, and even cancer in some cases. Exposure to toxic substances is particularly harmful to children because they are generally more sensitive to toxic agents. Children also have a greater likelihood of exposure as a result of play habits and behavior. In turn, many exposed children have fallen ill with serious conditions.
Toxins have also been known to enter the household from parents working certain jobs with toxic exposure. Studies show a relationship between childhood leukemia and a parent’s workplace exposure to chemicals.
Occupations in the fields of painting, shipbuilding, metal processing, and auto-making may significantly elevate risk of home exposure to toxins. Asbestos has also been an issue from secondary exposure. Specific products involved in toxic exposure lawsuits include:
Occupational toxic tort cases are the most common because industrial workers are more likely to face long-term exposure to toxic chemicals. Workers in certain industries face a higher risk of exposure than the average person. For example, farm workers may be exposed to large amounts of pesticides, including Glyphosate, a known cancer-causing agent.
Fracking employees may be exposed to Benzene, a very dangerous substance. Workers in the steel and auto industry may have been exposed to asbestos for many years. Exposure to toxic materials can occur in various industries, though the most common include the following:
In the last ten years, the most famous types of toxic exposure cases involve property damage claims due to oil spills. Most notably, the BP Spill in the Gulf of Mexico damaged the environment and cost local business owners billions of dollars due to the impact on the local economy. A toxic tort lawyer can help to restore the environment and those small business losses through a settlement.
Whether the damages are financial or a combination of financial and human losses suffered due to a personal injury, toxic tort litigation exists to compensate those individuals and their families who have been harmed through no fault of their own.
Often people are unknowingly exposed to a dangerous substance and only discover the exposure once they have been diagnosed with a serious illness associated with the toxic material. While the government often levies fines when companies violate certain regulations, the civil justice system solely provide for the families human losses, property damage, or business losses.
Our Firm will help you find the answers. The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered.
Experience: Joe Lyon is an experienced Cincinnati Toxic Exposure Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Toxic Exposure lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.
Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.
Results: Mr. Lyon has obtained numerous seven and six figure results in personal injury, automotive product liability, medical Negligence, construction accidents, and auto dealership negligence cases. The cases have involved successfully litigating against some of the largest companies in the world
The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against companies due to a defective product or recalled product to obtain just compensation under the law.
(Hamilton County, Ohio): Confidential Settlement. Lead Counsel in a case that involved secondary lead exposure to two children. Their father worked at a local recycling plant that routinely recycled computer equipment. The company violated numerous OSHA regulations related to providing safety equipment and clothing to prevent lead particles from being transferred home. As a result, the Plaintiffs father transferred lead dust to his children who then suffered lead poisoning. The case was covered extensively by the Cincinnati news media and referenced in peer-reviewed medical literature. The settlement will provide educational needs to the children who suffered neurological injuries due the exposure.