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Toxic torts are among the most medically complex types of claims a law firm can handle. A toxic tort claim is a specific type of personal injury lawsuit in which the plaintiff claims that exposure to a chemical or dangerous substance caused the plaintiff's injury or disease.
In many cases, exposure is years, or even decades, in the past. Linking exposure to causation is critical and will typically be among the most vehemently challenged parts of a plaintiff’s case.
At Lynn Andersen Nurse Consulting, her decades of nursing and regulatory compliance expertise is translated into a cost-effective medical insider dedicated to all of your litigation needs – from case screening through to mediation or trial.
Toxic Tort Expert Witness, Lynn Andersen, RN, MSN, CLNC® is a professional nurse with nearly 30 years of dedicated nursing experience, and has been providing her expertise to quality medical case reviews for over 15 years. As a Certified Legal Nurse Consultant (CLNC®), Lynn has undergone specific, rigorous training to align her extensive nursing and medical expertise with the dynamics of medical legal cases. She is certified to provide expertise in all phases of litigation for both plaintiff and defense counsel.
An exposure event typically occurs in one of four ways:
Workplace exposure: Many workers are exposed to dangerous chemicals as part of their job, sometimes without ever being aware of the risks. Industrial workers, in particular, may be regularly exposed to high levels of chemicals, putting them at greater risk of developing disease from particular chemical exposures than the general population. Litigation involving asbestos/mesothelioma, and Aqueous Film Forming Foam (AFFF) linked to cancer in firefighters are two examples of common toxic tort cases involving workplace exposure.
Pharmaceutical exposure: Many dangerous drugs are handled as mass tort cases because they endanger thousands, or even millions, of patients. Opioids, Xarelto, a blood thinner, and off-label uses of Zofran, a nausea treatment for cancer patients later prescribed for pregnant women and linked to birth defects, are several examples.
Home Exposure: Exposure to chemicals marketed for use at home are involved in an increasing number of toxic tort cases. Monsanto/Roundup weed killer and its link to Non-Hodgkin's Lymphoma and talcum powder tainted with asbestos and its link to ovarian cancer, are two common examples. Historically, lead paint exposure has been among the most common toxic tort cases linked to the home environment.
Environmental Exposure: Contamination of water, including drinking and ground water, are among the most common types of environmental exposure cases. These cases often involve pesticides, herbicides, chemical spills, and environmental destruction caused by landfills, dumpsites, powerplants, industrial runoff and drifting of ash and dust caused by mining or other industrial processes. Polychlori-nated biphenyls, or PCBs, are another common type of mass tort claim involving environmental exposure.
Some of the most common defenses of these types of claims involve challenging causation. Whether building a plaintiff case, or defending against allegations, a certified nurse consultant can fortify your case in a number of areas:
Causation: Linking an exposure event that occurred years, or even decades ago, to a current medical condition requires thorough review of the medical record - both for what is in the record and for potential omissions.
Pre-existing conditions: These cases often involve pre-existing conditions. Determining the extent to which an alleged victim’s condition is impacted by causes other than alleged exposure can have a major impact on a case.
Comparative negligence: Because of the passage of time, defense will often have plenty of evidence that a medical condition and prognosis could have been impacted by a victim’s actions. Asbestos exposure in current or former smokers who develop mesothelioma is one common example.
Impact of diagnoses: In many of these cases, symptoms can be difficult to prove or disprove, as can impact on quality of life. Nerve damage, fibromyalgia and fatigue are just several common examples.
From review of the medical record, to in-depth analysis, trial preparation and expert witness testimony, Lynn Andersen Nurse Consulting puts a veteran medical professional in your corner and provides you the kind of medical expertise that can be determinative to a successful case outcome.
Call Toxic Tort Expert Witness, Lynn Andersen Nurse Consulting L.L.C. today at 719-237-4415 for your case consultation.
