Damages In Toxic Tort Cases

Who to Sue in Toxic Tort Cases

Figuring out who to sue in toxic tort cases is another tricky problem. Plaintiffs often don’t know who manufactured a dangerous product. For example, suppose a patient is taking a drug that is manufactured by several different pharmaceutical companies. If the patient develops cancer years later, it may be difficult to determine which company manufactured the particular drug the patient took. Similarly, residents who live in an industrial area might allege a link between their health problems and airborne contaminants in the area, but the residents may not know which local factory is actually responsible for the release of those contaminants.

As a rule, plaintiffs usually sue anyone and everyone that could have any possible link to the dangerous substance. This may include:

• manufacturers and distributors of chemicals
• manufacturers and distributors of machines or devices that expose workers to chemicals
• owners and lessors of premises where the plaintiff was exposed to toxic chemicals
• manufacturers of equipment that failed to keep the plaintiff safe from chemicals, or
• companies that stored the chemicals.

The types of damages available to plaintiffs in toxic tort cases might include compensatory damages, punitive damages, injunctive relief, and attorneys fees.

Compensatory Damages

These are the damages that reimburse the plaintiff for the cost of injuries or for any money spent as a result of the injuries. Compensatory damages include medical expenses, lost wages, lost earning capacity, compensation for pain and suffering, and loss of consortium (companionship).

Plaintiffs can also seek a type of damages unique to toxic tort cases — compensation for medical monitoring. In medical monitoring, plaintiffs (usually in a class action lawsuit) exposed to a toxin are screened periodically in order to detect and provide early treatment for medical problems linked to the toxin. Courts are split as to whether medical monitoring damages can be awarded to people who show no sign of illness, or are limited to people who already exhibit symptoms of the disease. Either way, medical monitoring damages are set up in one of two ways: through a fund that plaintiffs can dip into as costs arise, or as a lump-sum payment intended to cover any future medical monitoring costs.

Punitive Damages

The purpose of punitive damages is to punish the defendant. These damages are generally only available in toxic tort cases if the defendant’s conduct was especially egregious or outrageous.

Injunctive Relief

Plaintiffs in toxic tort cases may be able to get an injunction, which is an order prohibiting the defendant from taking certain actions (the marketing of a harmful product, for example).

Attorneys’ Fees

In most lawsuits, each side pays its own attorneys’ fees. However, some statutes specifically state that a defendant must pay a plaintiff’s attorneys’ fees in certain situations. For example, in the realm of toxic torts, many environmental cleanup statutes allow plaintiffs to recover their attorneys’ fees from defendants.

Getting Help

Claims involving toxic torts are usually not the kind of lawsuits in which you can represent yourself effectively. The legal and scientific issues in such cases are often complex and sophisticated. Depending on your case, you may wish to retain the services of a lawyer who specializes in toxic tort litigation or the precise toxin at issue.

You may also want to consult with a lawyer to find out if there is an existing class action lawsuit regarding the specific chemical or drug that concerns you, and if so, whether it is advisable for you to join that class action. (If there is an existing class action, consider contacting the lawyers for the class directly; they will likely be very interested in talking with you.) Such initial consultations are usually free of charge.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Source: NOLO