Toxic Tort / Hazardous Substances - Benzene

Benzene litigation is another attempt by the plaintiff's bar to recreate "asbestos-like" litigation in the toxic tort area.  Benzene litigation involves elements of classic personal injury based upon theories of negligence and strict liability, including many elements also addressed in asbestos litigation relating to causation and exposure.  However, there are significant challenges in benzene litigation which make it unique, particularly the debate in the scientific community as to the dose of benzene necessary to associate exposure with disease.

Benzene is a clear, colorless liquid often used in the manufacturing of rubber, paint, plastics, resins, drugs, pesticides, synthetics and other products.  Benzene also is ubiquitous in the environment, and human exposure to low levels of benzene is unavoidable.  Non-occupational exposures occur primarily through tobacco smoke, automobile service station emissions, car exhaust, industrial emissions, glues, paints, furniture wax and detergents.  Workplace exposures are most likely to occur with painters, gasoline distribution workers, refinery workers, chemical workers, rubber workers, printers, newspaper pressworkers and shoe and leather workers.

Plaintiffs suggest that long-term exposure to benzene has been associated with acute myelogenous leukemia (AML), acute lymphocytic leukemia (ALL), non-hodgkins lymphoma (NHL) and other blood diseases.  However, the literature must be examined carefully to determine what, if any, threshold exists between exposure to benzene and any of these diseases.  Where appropriate, we use Daubert and other legal doctrines to narrow and terminate the case before proceeding to trial.

We also effectively negotiate with the plaintiff's bar to obtain voluntary dismissals where there is limited to no product identification.  With the exception of those claims, which can be resolved summarily, we use our substantial toxic tort litigation experience to communicate complex medical, industrial hygiene, warnings and toxicology issues to juries.

Personal injury lawsuits relating to workplace and environmental benzene exposure are on the rise.  We understand the science, medicine and regulations on which these cases turn.  The benzene practice group consists of a staff of attorneys, paralegals, nurses and clerks with specialized training in all areas involving the defense of toxic tort cases.  Our experience allows us to effectively communicate with clients, advise on the status of the industry and the future of benzene litigation and "make the complex simple."

• Asbestos
• Benzene
• Coal Dust
• Food Liability
• Lead Poisoning
• Mercury
• Mold
• Respiratory Protection Equipment
• Silica
• Vinyl Chloride
• Welding Rod

• Pamela T. Broache
• Maria C. Carlucci
• Theodore M. Eder
• Melissa M. Fallah
• Keith J. Hays
• Jason L. Kennedy
• Lawrence D. Mason
• Shelly LeVick Masters
• Edward J. McCambridge
• Talene N. Megerian
• Robert R. Rigolosi
• Gregory E. Rogus
• Donald Segal
• Natacha D. von Will

Who's Watching the Gate? The Recent Evolution of Frye in The Toxic Exposure Arena
Medical causation, a difficult enough subject in itself, has for the past 13 years been complicated by the differing standards for admissibility of expert testimony. The Frye “general acceptance” admissibility standard,¹ which the U. S. Supreme Court shaped in 1923, created the initial “court as the gatekeeper”
Benzene: A Litigation Perspective
The National Toxicology Program, U.S. Department of Health and Human Services, Report on Carcinogens, Tenth Edition, “Carcinogen Profiles 2002,” identifies benzene as a known human carcinogen.¹ Benzene is a clear, colorless liquid
Toxic Tort Newsletter - Spring 2006, Vol. 5 Issue 1
Numerous cases have been filed across the country alleging that a plaintiff's cancer is the result of exposure to a product or substance that