Curley & Curley P.C. defends clients facing toxic tort litigation in Massachusetts and throughout New England. Our attorneys also counsel clients nationwide. Toxic torts is a specialized area of personal injury claims most often involving manufacturers or suppliers of hazardous or toxic substances, and sometimes premises owners and management companies for use of or release of hazardous or toxic substances. The rise of toxic tort litigation in the United States corresponds to increasing public awareness about environmental conditions and threats posed by asbestos, pesticides, carcinogens, and other chemicals.
As a result of increasing sensitivity to dangerous chemicals, there have been many lawsuits against corporations in various industries, including oil companies, pharmaceutical companies, and developers. While some toxic tort injury lawsuits involve cases where it is clear that a manufacturer or supplier of a product was directly responsible for an injury, illness, or even death, other cases are much less clear.
Often, toxic tort claims are filed as mass lawsuits or result in multiple, successive lawsuits because the alleged exposure to toxic chemicals affects more than just one person. Attorneys at Curley & Curley P.C., led by Joni Katz Mackler, Esq., have experience defending against mass toxic tort claims.
Our attorneys have established invaluable relationships with various top scientific and medical experts through our toxic tort defense work. In working with our experts, our attorneys have become knowledgeable in the pertinent scientific literature. Our attorneys have also gained knowledge with regard to testing modalities, such as neuropsychological testing and brain SPECT scans, which are often relied upon by plaintiffs’ experts to support causation opinions when alleged brain injuries are involved.
Attorneys at Curley & Curley P.C. are experienced in waging Daubert-Lanigan challenges against plaintiffs’ medical and scientific experts and have expertise in researching and writing complex briefs on various scientific and medical issues. Representative of these types of challenges is the reported Norfolk Superior Court decision of Rhilinger v. Janscics, et al., 8 Mass. L. Rep. 373; 1997 Mass. Super. LEXIS 11.
Rhilinger involved a Daubert-Lanigan challenge of admissibility of plaintiff’s industrial hygienist and occupational medicine expert testimony as well as brain SPECT scans and immunological testing in a case in which the plaintiff alleged that she developed toxic solvent encephalopathy and multiple chemical sensitivity from exposure to cleaning products improperly stored in her building by the cleaning company who shared the premises.
Another example is our recent Daubert-Lanigan challenge seeking exclusion of testimony of a medical doctor, neuropsychologist and physiologist, as well as brain SPECT scans, in a matter involving an alleged brain injury from exposure to alleged low level carbon monoxide and mold.
In toxic tort cases, legal issues such as federal preemption and statute of limitations often arise as well. Our attorneys are experienced in successfully bringing summary judgments on such complex legal issues in various toxic tort matters. As an example, we obtained summary judgment for a pesticide manufacturer largely based on federal preemption under FIFRA (Federal Insecticide Fungicide Rodenticide Act) as well as on lack of evidentiary support for plaintiff’s product liability claims. We also have obtained summary judgment rulings based on the expiration of the statute of limitations in a variety of toxic tort matters, including claims involving pesticides, latex, and isocyanate. Our attorneys handled the case leading to the reported decision of Cornell v. E.I. Dupont DeNemours & Co., Inc., 841 F.2d 23 (1st Cir. 1988) in which the First Circuit affirmed summary judgment dismissing the plaintiff’s toxic tort claim and established precedent on the discovery rule relevant to the statute of limitations in such cases.
If you are alleged to be liable for injuries in a toxic tort claim, Curley & Curley P.C. is prepared to defend you. Our attorneys handle a range of toxic tort cases, including but not limited to:
Toxic tort cases can be complex because many variables could lead to sickness and injuries. We conduct research, gather evidence, and consult with medical and scientific experts to determine the extent of exposure and the cause of a plaintiff’s injuries. Contact Curley & Curley P.C. to learn more about how we can help.