Toxic Tort

Toxic Tort Law Attorneys – San Diego, CA

Toxic tort law involves individuals who have suffered serious diseases or physical injuries after being exposed to dangerous chemicals or pharmaceutical products containing harmful substances. Torts are “civil wrongs”, or injuries to a person’s physical health/body or financial condition caused directly by another entity’s carelessness or negligence. Therefore, “toxic” tort lawsuits are brought by people injured by toxic substances.

Toxic tort attorneys in San Diego CA at Buche & Associates prove toxic tort claims by proving the substance was dangerous, that the plaintiff was indeed exposed to a dangerous chemical and that this chemical harmed the plaintiff physically.

In most toxic tort cases, exposure and harm are the two elements receiving the bulk of the attention. This specifically applies to plaintiffs exposed to a toxic substance for years or even decades that eventually causes a serious disease, like mesothelioma or cancer. To prevail in a toxic tort case, plaintiffs will need to hire a toxic tort attorney who can gather evidence necessary to clearly show the link between the plaintiff’s health problems and exposure to a toxic substance.

If you or someone you know may have reason to file a toxic tort lawsuit, call Buche & Associates today to schedule a consultation appointment: (858) 459-9111.

Harmful Substances in Toxic Tort Lawsuits

Toxic tort cases based on exposure to dangerous chemicals often involve the following chemicals:

  • Mercury
  • Polychlorinated biphenyl (PCB)
  • Asbestos
  • Pesticides
  • Benzene
  • Agent Orange (dioxins/dioxin-like compounds)
  • Beryllium
  • Manganese
  • Chromium oxide
  • Silica
  • Hexavalent chromium

 

A well-known example of a toxic tort case involving a pharmaceutical product is the class-action lawsuits filed against makers of Vioxx (rofecoxib), a nonsteroidal anti-inflammatory medication prescribed to relieve pain. Merck Pharmaceuticals failed to provide warnings about Vioxx’s risk for causing cardiovascular events such as heart attack, heart arrhythmia and heart failure. Consequently, numerous toxic tort lawsuits resulted in plaintiffs being awarded millions of dollars for suffering serious medical conditions attributed to Vioxx.

Diseases Caused by Toxic Substances

Toxic tort attorneys in San Diego represent plaintiffs who have been diagnosed with one or more of the following diseases proven to be the result of exposure to one or more toxic substances:

  • Asbestosis/mesothelioma
  • Hodgkins disease
  • Aplastic anemia
  • Interstitial lung disease
  • Berylliosis
  • Leukemia
  • Multiple myeloma
  • Lymphoma
  • Sarcoidosis
  • Manganism
  • Silicosis
  • Pneumoconiosis
  • Thrombocytopenic purpura

 

Proving a plaintiff has been directly harmed by exposure to toxic substances involves a San Diego toxic tort attorney accumulating solid evidence regarding exposure, symptoms/side effects of exposure to pharmaceutical or non-pharmaceutical substances, medical documentation of diagnosis and expert witness testimony describing the severity of the plaintiff’s health issues.

Asbestos Mesothelioma Lawsuits

Probably the most common type of toxic tort lawsuit litigated in courts today concerns exposure to asbestos.Even though companies that previously used asbestos for manufacturing purposes knew there might be health issues concerning exposure to asbestos, they downplayed the problem and continued to allow workers to be exposed to it. For those who have been diagnosed with mesothelioma, the possibility of filing a lawsuit against a former employer and being awarded compensation for pain, suffering and medical bills is credible and viable. However, such a lawsuit requires handling by a law firm specializing in toxic tort lawsuits.

Some mesothelioma victims have already passed away and their relatives are suing on their behalf. In this event, the lawsuit would be referred to as a wrongful death lawsuit, with a relative or court-appointed person standing in for the deceased plaintiff. However, many cases like these may be settled even before they go to court, especially when it is obvious the plaintiff’s attorneys possesse enough evidence to win the case.

Asbestosis vs Mesothelioma

The difference between asbestosis vs mesothelioma is the fact that asbestosis, while chronic and debilitating, does not cause cancer. Alternately, mesothelioma does cause a form of lung cancer that invades the mesothelium lining of the lung. Mesothelioma is nonexistent in individuals who have not been exposed to asbestos. Unlike regular lung cancer, mesothelioma only attacks the interior of the lung by generating abnormal cells that proliferate and cause severe breathing difficulties.

Symptoms of mesothelioma include shortness of breath, persistent coughing, fatigue, general feeling of malaise and pain radiating in the chest. However, exposure to asbestos does not cause immediate health problems. Rather, this disease may not affect someone for decades, sometimes up to 40 years after initial exposure to asbestos. Diagnosis of asbestos-related mesothelioma requires a special test of lung tissues in order to differentiate it from other forms of lung cancer.

Asbestosis occurs when someone inhales asbestos fibers, often in the form of dust or insulation particles. A chronic condition causing inflammation of the lungs, asbestosis does not produce abnormal cell growth. Instead, inhaled asbestos fibers become embedded in pulmonary tissues which harden the tissues and make it extremely difficult for someone to absorb enough oxygen to breathe comfortably. Asbestosis produces symptoms similar to mesothelioma, such as chest pain and chronic coughing.

No cure exist for asbestosis or mesothelioma. But while mesothelioma is usually fatal, asbestosis is a chronic condition causing progressively worsening symptoms such as arterial hypoxemia and cardiovascular issues. People suffering from asbestosis may experience symptom relief by utilizing oxygen therapy, nebulizers or other methods to help eliminate an excess of lung fluid. While asbestosis patients rarely develop cancer, they are more susceptible to pneumonia, influenza and other respiratory illnesses due to the weakened condition of the lungs.

Contact Toxic Tort Law Attorneys in San Diego to Learn If are Eligible for Compensation

You deserve to be compensated if exposure to dangerous substances has caused irreparable harm to your health. Call Buche & Associates today to schedule a consultation appointment: (858) 459-9111.

What our Clients have to say...

  • I reached out to Buche and Associates via email for help with a music industry contract. John responded to my email the next day giving me assurance and a thumbs up on my existing contract - NC. I appreciated the rapid, honest, and professional response! I'm very happy to have found this law firm.

    , Toxic Tort
    Stefan Depner
    11/05/2019

    All the attorneys that did work for me at Buche and Associates were extremely knowledgeable and got the work done quickly and efficiently. I've always felt they've had my best interests and given me sound advice that has paid off. I highly recommend Buche and Associates for your legal needs.

    , Toxic Tort
    Josh Wickman
    10/30/2019

    Highly recommend. Professional, responsive and great to work with. Backed me up 100% in the face of a ridiculous lawsuit.

    , Toxic Tort
    sdavis5125 .
    8/03/2019
  • Great... They helped me straighten out a patent 10 years ago and now I'm reaping the rewards. Thx John

    , Toxic Tort
    FlagPole Buddy
    2/14/2019

    Great... They helped me straighten out a patent 10 years ago and now I'm reaping the rewards. Thx John

    , Toxic Tort
    FlagPole Buddy
    2/14/2019

    John and his team have been fantastic to work with. They are always responsive, professional and very knowledgeable. Highly recommended.

    , Toxic Tort
    Mark Leone
    2/09/2018

REQUEST AN APPOINTMENT

858-459-9111

Please feel free to contact Buche & Associates, P.C. to arrange for your initial consultation in person or by telephone.