What makes up a “Mass Tort”? These are cases that normally involve hundreds to thousands of plaintiffs and often scores of defendants where the claim involves a common product or common exposure but normally not occurring at the same time or place but over many years. These cases, though involving large numbers of people and organizations, are not class actions as the individual cases vary factually one from another.
What is a “Toxic Tort”? These are cases that are comprised of alleged harms to persons, property, or to the environment due to the toxicity of a product, a substance, or a process. Often times in these cases, the alleged toxic harm is latent for a period of time and is not immediately discernable. In the cases dealing with personal injuries and diseases, the harm may not be known or diagnosable for many years. Many of these cases, particularly related to personal injury, involve a single plaintiff who develops a particular disease and brings suit against many defendants, alleging that the plaintiff was exposed to a particular toxin or chemical while working on the various defendants’ facilities or premises and all of the defendants should share some liability. Other cases may involve one or more plaintiffs bringing a suit against a single defendant, arising out of alleged exposure to chemicals or toxins that are emitted or released from the defendant’s facilities and premises. The damages or injuries complained of in toxic tort cases range from diseases and personal injury to property damage to temporary and permanent injunctions. Toxic tort cases often involve a “battle” of expert witnesses engaged in the fields of industrial hygiene, epidemiology, toxicology, and medicine.
Should you be faced with a mass tort or toxic tort matter, there is no need for you and your counsel to reinvent the wheel. We have been there, know how, and have the record to show for it. Cotten Schmidt, L.L.P., has been actively engaged in representing clients in mass tort and toxic tort litigation since the firm’s creation.