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Practices
Toxic
Torts
A tort is a "private or civil wrong or
injury."
Therefore, a toxic tort means that the
injury involved a poisonous or "toxic"
substance. These toxic substances can
cause damage to a person or to property
as they are released into the air, ground,
or water. Exposure to these toxic substances
is frequently linked to lung cancer,
leukemia, brain and other organ damage,
and birth defects. The following lists of chemicals
are often associated with toxic tort
litigation and many of the areas we are currently
pursuing cases:
Asbestos - Related:
Since inception, ELG has been litigating
asbestos cases, just one area of toxic
tort litigation. Plaintiffs involved in asbestos-related
cases are usually workers at mines, factories,
shipyards, refineries, and construction
sites. In the majority of cases, indicators
of asbestos-related diseases do not show up
until many years after exposure to asbestos,
which make these cases difficult to prove and
litigate, particularly in Alabama. As asbestos
fibers accumulate in the lungs, several types
of diseases may occur.
Even though the use of asbestos was outlawed
in 1971, Environmental litigation Group continues
to see cases involving debilitating and sometimes
fatal injuries that are caused by exposure to
this dangerous substance. The asbestos industry,
those companies who mined, milled and sold asbestos
containing products knew of the dangers and
hazards of working in and being exposed to asbestos
since the 1930s. Those companies chose to put
profits over responsibility and the result is
three generations of workers, wives and children
being diagnosed with asbestos related diseases
and cancers.
ELG has successfully prosecuted over 8,000
asbestos cases, representing steelworkers, shipbuilders,
foundry workers, factory workers, housewives
and Local Union workers.
If you or a loved one has been diagnosed with
an asbestos related cancer or disease and you
would like for ELG to consider the merits of
a possible case, please
click here.
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Consumer Credit Fraud Protection
ELG represents clients who have been wrongfully sued by rogue collection agencies. ELG offers free representation of these collection actions and files counterclaims on the clients behalf prosecuting for fraud, defamation, deceit, and neglgence.
Asbestosis
is a scarring of the lung tissue. This scarring impairs the elasticity of the lung and hampers its ability to exchange gases. This leads to inadequate oxygen intake to the blood. Asbestosis restricts breathing leading to decreased lung volume and increased resistance in the airways. It is a slowly progressive disease that does not manifest itself for 15 to 30 years.
"No representation is made that the qulaity of legal services to be performed is greater than the quality of legal services to be performed by other lawyers"
Mesothelioma
s a cancer of the pleural lining. It is considered to be exclusively related to asbestos exposure. By the time it is diagnosed, it is almost always fatal. Similar to other asbestos-related diseases, mesothelioma does not manifest itself for 30 to 40 years.
Lung Cancer
is a malignant tumor of the bronchial covering. The tumor grows through surrounding tissue, invading and often obstructing air passages. The time between exposure to asbestos and the occurrence of lung cancer is 20 to 30 years. It should be noted that there is a synergistic effect between smoking and asbestos exposure, which creates an extreme susceptibility to lung cancer.
The following lists of chemicals are often associated with toxic tort litigation and many of the areas we are currently pursuing cases:
Benzene
Benzene is found in the air from emissions from burning coal and oil, gasoline service stations, and motor vehicle exhaust. Short-term (acute) inhalation exposure to benzene may cause drowsiness, dizziness, headaches, as well as eye, skin, and respiratory tract irritation. At high levels, unconsciousness may occur. Long-term (chronic) inhalation exposure has caused various disorders in the blood, including reduced numbers of red blood cells and aplastic anemia, in occupational settings. Reproductive effects have been reported for women exposed to high inhalation levels, and adverse effects on the developing fetus have been observed in animal tests. Increased incidences of leukemia have been observed in humans exposed to benzene on their jobs.
Coke Oven Emissions
Coke oven emissions are complex mixtures of coal and coke particles, various vapors, gases, and tars that include a number of substances. Long-term exposure to coke oven emissions in humans results in conjunctivitis, severe dermatitis, and lesions of the respiratory system and digestive system. Cancer is the major concern from exposure to coke oven emissions, particularly cancer of the lung, trachea, bronchus, kidney, and prostate, among other sites.
Creosote
Creosote is the name used for wood creosote, coal tar creosote, coal tar, coal tar pitch, and coal tar pitch volatiles. These products are mixtures of many chemicals created by high-temperature treatment of beech and other woods, coal, or from the resin of the creosote bush. Breathing vapors of the creosotes, coal tar, coal tar pitch, or coal tar pitch volatiles can cause irritation of the respiratory tract. Long-term exposure, especially direct contact with skin during wood treatment or manufacture of coal tar creosote-treated products, has resulted in skin cancer and cancer of the scrotum.
Dioxins
Dioxins and furans are some of the most toxic chemicals known to science. The US Environmental Protection Agency clearly describes dioxin as a serious public health threat according to an EPA report, not only does there appear to be no "safe" level of exposure to dioxin, but levels of dioxin and dioxin-like chemicals have been found in the general U.S. population that are "at or near levels associated with adverse health effects." Dioxin is a general term that describes a group of hundreds of chemicals that are highly persistent in the environment. Dioxin is formed as an unintentional by-product of many industrial processes involving chlorine such as waste incineration, chemical and pesticide manufacturing and pulp and paper bleaching. Dioxin was the primary toxic component of Agent Orange, found at Love Canal in Niagara Falls, NY and was the basis for evacuations at Times Beach, Missouri and Seveso, Italy. The EPA report confirmed that dioxin is a cancer hazard to people.
Hazardous / Toxic Waste
Improper disposal of hazardous/ toxic waste created by modern industry can lead to groundwater contamination and exposure to toxic material. There is an increase in risk of adverse health effects (low birth weight, birth defects, certain types of cancers) reported near individual landfill sites.
Lead
Lead is a soft metal that has known many applications over the years. It has been used widely since 5000 BC for application in metal products, cables and pipelines, but also in paints and pesticides. Lead is one of four metals that have the most damaging effects on human health. It can enter the human body through uptake of food (65%), water (20%) and air (15%).
Foods such as fruit, vegetables, meats, grains, seafood, soft drinks and wine may contain significant amounts of lead. Cigarette smoke also contains small amounts of lead. Lead can enter drinking water through corrosion of pipes. This is more likely to happen when the water is slightly acidic. That is why public water treatment systems are now required to carry out pH adjustments in water that will serve drinking purposes. Lead can cause several unwanted effects, such as: disruption of the biosynthesis of hemoglobin and anemia; a rise in blood pressure; kidney damage; miscarriages and subtle abortions; disruption of nervous systems; brain damage; declined fertility of men through sperm damage; diminished learning abilities of children; and behavioral disruptions of children, such as aggression, impulsive behavior and hyperactivity. Lead can enter a fetus through the placenta of the mother. Because of this it can cause serious damage to the nervous system and the brains of unborn children.
Mercury
Mercury is toxic by ingestion, inhalation and skin absorption with exposure effects including central nervous system and kidney damage. Short-term exposure includes nausea, blurred vision, painful breathing, excessive salivation and pneumonitis, while long- term exposure effects includes memory disturbance, hypertension, vision problems, hallucinations, tremors and personality changes. Because mercury can cross the blood-brain barrier, and because it can affect brain development, its effects are of special concern to pregnant or lactating women and young children. There are three important types of mercury: - The pure element,
- Inorganic compounds (such as mercuric chloride) and
- Organic mercury compounds (such as phenyl mercuric propionate).
Each type poses a different health hazard. Elemental mercury is a liquid and gives off mercury vapor at room temperature. This vapor can be inhaled into the lungs and passed into the blood stream. Elemental mercury can also pass through the skin and into the blood stream. If swallowed, however, this form of mercury is not absorbed out of the stomach, and usually passes out of the body without harm. Inorganic mercury compounds can also be inhaled and absorbed through the lungs, and may pass through the skin. But the compounds can also be absorbed through the stomach if swallowed. Many inorganic mercury compounds are irritating or corrosive to the skin, eyes and mucus membranes as well. Organic mercury compounds can enter the body readily through all three routes-lungs, skin and stomach.
MTBE
( Methyl tert-butyl ether) This compound is not a naturally occurring component of gasoline but is an additive, which has been used since 1979. It was originally used to help gasoline burn more smoothly and efficiently after lead was phased out of motor fuels. Starting in 1992 in cooperation with the U.S. EPA, petroleum companies started adding it to gasoline to improve combustion and decrease harmful carbon monoxide emissions from motor vehicles, especially in the winter months. Exposure to MTBE from gasoline can occur when living near bulk gasoline loading and unloading facilities or near facilities that can leak gasoline from the underground storage containers. In most of these situations, the most important form of exposure is the inhalation of MTBE-contaminated air. However, it is also absorbed through contact with the skin. Contamination of the groundwater near storage facilities can also result in exposure from tap water.
Pesticides
Pesticides are used to repel pests such as mice, insects, weeds, fungi, and molds. Humans can be exposed to pesticides in the home or at work (gardeners or farmers). Pesticides are designed to (in most cases) kill pests. Many pesticides can also pose risks to people. However, in many cases the amount of pesticide people are likely to be exposed to is too small to pose a risk. To determine risk, one must consider both the toxicity and hazard of the pesticide and the likelihood of exposure. A low level of exposure to a very toxic pesticide may be no more dangerous than a high level of exposure to a relatively low toxicity pesticide, for example.
PCBs
Polychlorinated biphenyls (PCBs) are a group of manufactured organic chemicals that contain 209 individual chlorinated chemicals (known as congeners). Concentrated PCBs are either oily liquids or solids and are colorless to light yellow in color. They have no known smell or taste. There are no known natural sources of PCBs. Some commercial PCB mixtures are known in the United States by their industrial trade name, Aroclor. PCBs don't burn easily and are good insulating material. They have been used widely as coolants and lubricants in transformers, capacitors, and other electrical equipment. The manufacture of PCBs stopped in the United States in 1977 because of evidence that they build up in the environment and cause harmful health effects. Products containing PCBs are old fluorescent lighting fixtures, electrical appliances containing PCB capacitors, old microscope oil, and hydraulic fluids. During the time that PCBs were manufactured, there were often no effective controls on disposal. Because they do not break down easily, PCBs are now found widely distributed in our environment. Generally their concentrations in the environment are quite low. However, the chemical properties of PCBs cause them to be concentrated up the food chain. PCBs have been demonstrated to cause a variety of adverse health effects. PCBs have been shown to cause cancer in animals. PCBs have also been shown to cause a number of serious non-cancer health effects in animals, including effects on the immune system, reproductive system, nervous system, endocrine system and other health effects. Studies in humans provide supportive evidence for potential carcinogenic and non-carcinogenic effects of PCBs. The different health effects of PCBs may be interrelated, as alterations in one system may have significant implications for the other systems of the body.
Vinyl Chloride
Contact with vinyl chloride can have serious health consequences. Their severity depends upon both the level and the length of exposure. Short-term exposure to moderate levels of vinyl chloride in the air can result in headache, vertigo, loss of consciousness, and fatigue. Nervous system damage is also possible. Breathing high levels of vinyl chloride can cause you to feel dizzy or sleepy. Exposure to an excessive amount of vinyl chloride can be deadly. Breathing very high levels can cause you to pass out, and breathing extremely high levels can cause death. Physical contact with vinyl chloride can cause blistering, irritation, and loss of sensation in the skin. As a toxic chemical vinyl chloride can also cause long lasting and chronic conditions. Aside from being a known carcinogen, vinyl chloride has been found to cause a number of other conditions, including Raynaud's syndrome, scleroderma, angiosarcoma, and acroosteolysis. Raynaud's syndrome compromises the blood flow to the fingers and toes. The reduced circulation can cause pain, numbness, and impaired function, especially in cold temperatures. Scleroderma is a condition in which the skin, most frequently on the hands, hardens and thickens. Acroosteolysis is a condition in which the bones (especially in the fingers) deteriorate. Angiosarcoma of the liver, a rare form of liver cancer, begins with the formation of a cancerous tumor in the blood vessels of the liver. In addition, vinyl chloride represents the only established cause of cancerous brain tumors. Researchers have also linked leukemia, a cancer that affects the blood and blood-forming organs, to vinyl chloride exposure. Other cancers linked to vinyl chloride include lung cancer, and stomach or intestinal cancer. In addition, the nervous, circulatory and reproductive systems can suffer harm as a result of exposure to vinyl chloride. In general, those exposed to high levels of vinyl chloride or those exposed over a long period of time are at the highest risk for these and other health effects.
TCE
The chemical compound trichloroethylene is a chlorinated hydrocarbon commonly used as an industrial solvent. It is a clear non-flammable liquid with a sweet smell. TCE is also known as trichloroethene and tri, and it is sold under a variety of trade names. In medicine, it was commonly referred to as trilene and trimar during its use as a general anesthetic. When inhaled, trichloroethylene depresses the central nervous system. Its symptoms are similar to those of alcohol intoxication, beginning with headache, dizziness, and confusion and progressing with increasing exposure to unconsciousness and death. Caution should be exercised anywhere a high concentration of trichloroethylene vapors may be present, because it quickly desensitizes the nose to its scent, and it is possible to unknowingly inhale harmful or even lethal amounts of the vapor -- that is, it has poor warning properties. The long-term effects of trichloroethylene on human beings is unknown. In animal studies, chronic trichloroethylene exposure has produced liver cancer in mice, but not in rats. Studies on its effects on reproduction in animals have been similarly inconsistent, and so no conclusive statements about its ability to cause birth defects in humans can be made.
You can and should be compensated for injuries caused by toxic substances. If you have been a victim of toxic exposure, you can file an environmental toxic tort personal injury and property damage lawsuit. If the court finds that your injury is directly linked to exposure to a toxic substance, you could be awarded compensation to cover your medical costs, emotional trauma expenses, and property damage. Furthermore, chances are, you are not the only victim of exposure, as it is extremely rare for a toxic material to affect just one person. Often, toxic tort cases are brought as mass tort lawsuits because of the large number of plaintiffs. For your convenience, specific examples of well-known toxic tort cases witnessed in recent generations are listed below: - Agent Orange: Used in massive quantities in Vietnam as a defoliant, causing injury to countless soldiers and civilians.
- Toxic Waste Disposal Litigation: Examples include the Love Canal case in Niagara Falls, New York, the Times Beach case in Missouri and the W.R. Grace case in Woburn, Massachusetts (featured in the book and movie, "A Civil Action").
- Radiation Exposure: Atomic testing during the 1940's has resulted in litigation over cancers caused by atomic fallout. In addition, class action litigation resulted from the Three Mile Island nuclear reactor accident.
- The 1984 Union Carbide Disaster in Bhopal India: Litigation resulted from the massive leakage of a cloud of methyl isocyanate, estimated to have caused 2,000 immediate deaths, 8,000 subsequent deaths and 300,000 injuries.
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Diethylstilbestrol (DES)
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DES
Tragically, diethylstilbestrol (DES) has been linked to health problems not only with the pregnant mother but also with the daughters and sons of the mother. DES was administered to over 10 million women. As early as 1953, there were studies that showed that DES did not prevent miscarriages or premature births as it was advertised to do. Nevertheless, doctors continued to administer DES to pregnant women until 1971. Many health effects have been linked to DES. Ironically, miscarriages, the very thing that DES was supposed to prevent is one of the health problems associated with DES. DES Daughters are those born between 1938 and 1971 that were exposed to DES while in the womb. DES daughters are at a higher risk for
- Clear cell adenocarcinoma (CCA), a rare kind of vaginal and cervical cancer
- Reproductive tract structural differences (for example, irregular T-shaped uterus)
- Pregnancy complications, such as ectopic (tubal) pregnancy and pre-term delivery
- Infertility
DES Sons are those born between 1938 and 1971 that were exposed to DES in the womb. DES Sons are at an increased risk of Non-cancerous epididymal cysts (non-cancerous testicles cysts).
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Groundwater Contamination Litigation
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Groundwater contamination occurs when man-made products such as gasoline, oil, road salts and
chemicals get into the groundwater and cause it to become unsafe and unfit for human use. Some
of the major sources of these products, called contaminants, are storage tanks, septic systems,
hazardous waste sites, landfills, and the widespread use of road salts and chemicals.
Storage tanks may contain gasoline, oil, chemicals, or other types of liquids and they can
either be above or below ground. In the United States today, there are thought to be over 20,000
known abandoned and uncontrolled hazardous waste sites and the numbers grow every year. Hazardous
waste sites can lead to groundwater contamination if there are barrels or other containers lying
around that are full of hazardous materials. If there is a leak, these contaminants can eventually
make their way down through the soil and into the groundwater. These hazardous waste sites can
release chemicals into the groundwater such as TCE (tricholoroethene), PCE (percholoroethene),
DCE (dichloroethene), vinyl chloride, heavy metals (cadmium, chromium, mercury, arsenic, lead,
and others)
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Occupational Chemical Exposure
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FELA
The Federal Employers Liability Act (FELA) is the sole and exclusive remedy in an action brought by a railroad employee against his employer. Generally, lawsuits brought under the FELA may be brought in either state or federal court. Although workers in other industries are covered by state workers compensation laws that restrict recovery to economic losses only, the FELA typically allows railroad employees to recover the following types of damages: - Lost earnings, past and future.
- Medical expenses if paid out of pocket by the injured employee.
- Payment for the employees reduced ability to earn a wage because of the injuries suffered.
- Compensation for pain and suffering.
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Pharmaceutical Litigation
Each year, thousands of people die from or
are seriously injured by prescription and over-the-counter
drugs they believe to be safe. Patients trust
these defective drugs will not harm them because
they have been approved by the U.S. Food and
Drug Administration or have been prescribed
by doctors or pharmacists they know and trust.
But unfortunately, many of these defective drugs
are inadequately tested or have insufficient
warnings on their labels. Ultimately, they can
lead to serious health ailments, from high blood
pressure to acute liver failure.
At ELG, we have focused our efforts on COX-2
Inhibitors:
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Vioxx®
Classified as a COX-2 inhibitor, Vioxx® ( rofecoxib) is a non-steroidal, anti-inflammatory drug intended to treat menstrual and arthritis pain. However, the drug is believed to do far more harm than good: Vioxx®, believed to be a defective drug, is known to cause heartburn, nausea, diarrhea, upper respiratory tract infection, swelling of the lower extremities, high blood pressure, itching, stomach ulcers or bleeding, fatigue, vomiting, dark urine, and black stools. Additionally, recent studies have also linked Vioxx® to an increased risk of heart attack and stroke. On September 30, 2004, Vioxx's manufacturer, Merck CO & Inc., pulled this defective drug from the shelves. The FDA in response issued a public health advisory to warn users of its potential risks.
Bextra®
Like Vioxx®, Bextra® is a nonsteroidal anti-inflammatory drug (NSAID) designed to alleviate the symptoms of rheumatoid arthritis, including joint inflammation and swelling. The drug, classified as a COX 2 inhibitor, reportedly prevents the stomach ulcers and gastrointestinal bleeding believed to be caused by other NSAIDs. However, some research shows that like Vioxx®, Bextra® can cause a number of serious side effects, from stomach bleeding to upper respiratory infection.
Celebrex®
Celebrex® is a non-steroidal, anti-inflammatory COX-2 inhibitor drug intended to treat joint inflammation and arthritis pain - but, like Vioxx®, it has been deemed dangerous: Celebrex® has been linked to at least 10 deaths, 11 cases of gastrointestinal bleeding that required hospitalization, and an increased risk of stomach ulcers. There is also some evidence that taking Celebrex® can increase or double users' risk of blood clots, heart attack, and stroke.
Despite this evidence, the makers of Celebrex® asked the FDA to remove label warnings about stomach ulcers, claiming that medical reviewers did not find any evidence to suggest that Celebrex® was associated with a lower rate of stomach ulcers than traditional NSAIDs. The FDA denied the request, as it found that taking low-dose aspirin (to prevent heart attack) in combination with Celebrex® increased the risk of developing ulcers.
If you have taken these drugs and experienced any documented heart-related conditions, you should seek the legal advice of an attorney regarding your rights.Although we have had experience in the areas we have listed above, this is not an exhaustive list of the types of environmental cases we are looking to review. If you have an injury you believe may have been caused by a toxic substance, please feel free to call us. We will be glad to review your case and assess your rights.
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