What’s a toxic mistake?

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A tort is a lawsuit alleging that a tort caused harm to an individual, and a toxic tort is a personal injury lawsuit involving a plaintiff alleging that exposure to a chemical or device caused injury or illness. There are several types of these cases. Toxic pharmaceutical torts are brought against drug manufacturers, distributors and prescribers. Toxic professional torts result from exposure to a chemical or device that has caused injury or illness, and toxic real estate torts involve land or real estate damaged by exposure to toxic chemicals. There are other types of toxic wrongdoing as well.

The many advances in drug development and pharmaceutical science have led to the filing of many cases of toxic pharmaceutical malpractice within the legal system. Often, exposure to a toxic chemical or combination of chemicals doesn’t become apparent until many years after the exposure, so the testing and adjustment processes aren’t foolproof. Many drugs that appear safe during the testing process are later found to cause serious and sometimes deadly side effects. Cancer, heart or kidney failure, neurological problems, skin disorders, and death are some of the possible but less common side effects of many drugs. When these side effects are unknown or inadequately warned of, manufacturers and others open themselves to lawsuits by those harmed by the drug.

These lawsuits can be very costly for pharmaceutical companies and medical professionals, even when they are not held liable. For example, in the 1980s and 1990s, many toxic tort lawsuits were filed against the manufacturer of the drug Bendectin. The drug was prescribed to treat morning sickness in pregnant women, but has been blamed by many for causing birth defects. The evidence produced by the manufacturer in this case convinced the court that the drug was not the cause of the birth defects. The manufacturer no longer produces the drug, citing its defense attorney’s high costs in repeated lawsuits.

In other cases where a drug company is held liable for damages resulting from taking its drugs, victims and their families often feel that the money cannot compensate for the injury, illness or loss they have suffered. For example, in the Vioxx® case, a multi-million dollar verdict was awarded to the widow of a man who died of taking the drug. Loss of income from her work and loss of company were among the damages alleged and awarded. Vioxx® is prescribed for inflammation, pain and menstrual cramps, but common side effects include diarrhea, nausea and heartburn. The drug has also been linked to an increased risk of stroke, cardiac death and heart attack.

Toxic professional malpractice results from exposure to occupational hazards that are connected to a party other than the employer. For example, asbestos damage is usually charged to the manufacturer of the asbestos-containing product. Asbestos is one of the few cases of toxic tort where the cause of the damage is difficult to dispute. Asbestosis and mesothelioma are directly traced to asbestos exposure, making these lawsuits far less convoluted than other toxic wrongdoings.

Toxic real estate torts result from damage done to real estate through exposure to a toxic chemical or process. Groundwater contamination, soil contamination, waterway contamination and other damage can result from the misuse or storage of toxic chemicals, including pesticides, waste, nuclear material or other materials. Contaminated groundwater can lead to soil and drinking water contamination. The movie “Erin Brokovich” made this real-life scenario familiar to many people. Exposure to carcinogens in groundwater and drinking water has led to a higher-than-normal incidence of cancer in a small rural town, and the small law and paralegal firm that successfully led litigation against the large Pacific corporation Gas and Electric (PG&E ) became the stuff of legend and brought toxic wrongdoing into the public eye.

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