Toxic torts are special type of lawsuit for personal injury. In this case, the defendant claims that the exposure to chemical substance have caused the injury or disease to him or her. There are several contexts of toxic torts. Typically, people have higher chances of getting bared to toxic chemicals from their workplace, home, surrounding environment, consumer products, and pharmaceuticals. Most of the toxic tort cases arising today are from occupational exposures and exposures to pharmaceutical drugs. However, exposures to pharmaceutical drugs have the higher rates of cases since drugs are taken by people every day.
Toxic tort cases may also arise from exposure to consumer products such as suffered injury and pesticides. Environmental toxins in the drinking water or air may also be possible causes of toxic tort. On the other hand, pharmaceutical toxic tort cases are typically sued against drug distributors and manufacturers including prescribing doctors. Compared to actions made on medical malpractice, pharmaceutical toxic tort cases differ in terms of crucial product liability cases and defective products.
Among the common chemicals in cases of toxic torts include Benzene, Beryllium, Silica, Manganese, Asbestos, Dioxin or Agent Orange, and PCBs. Meanwhile the common injuries or diseases garnered from such cases include Thrombocytopenic Purpura, Silicosis, Sarcoidosis, Pneumoconiosis, Multiple Myeloma, Mesothelioma, Manganism, Lymphoma, Leukemia, Interstitial Lung Disease, Hodgkins Disease, Byssinosis, Berylliosis, Asbestosis, and Aplastic Anemia,
Toxic tort cases are often quite difficult to prove because the connection between the resulting injury or disease and exposure to a toxic chemical is often elusive. For instance, some cancer diseases may first develop after some years of getting exposed to the cancer-causing chemical. In addition, these cases are expensive to sue because it often requires expert testimonials from numerous scientific and medical experts.
Abovementioned injuries or diseases caused by toxic chemicals are quite varied although cancer is the most serious one. These injuries or diseases can be chronic or acute depending on the toxin properties of the chemicals as well as the extent and nature of exposure. Toxic chemicals can enter the human body in numerous ways. It can be injected, ingested, absorbed by the eyes or skin, and inhaled. However, among these ways, inhalation is the most common. Most of the toxic injuries and diseases mentioned above resulted from inhalation of toxic chemicals. The human’s respiratory system is the most at risk of toxic injuries and diseases since it is fragile. It is also the only internal organ system in the human body that is directly exposed to the environment.
The practice of toxic torts law involves litigating cases that concern lung diseases, blood disorders, cancer, and other injuries resulting from exposure to environmental and chemical toxins. The law also deals with essential organ transplants and litigates various environmental cases including hazardous waste and sites, gas stations, landfills, groundwater contamination, air pollution, and real property contamination.
Toxic torts law also covers litigation on various environmental organizations involving reproductive toxins in cosmetics and carcinogens. This law is also involved on the public interest litigation whereas confidential settlements on toxic tort cases are revealed.