Benzene litigation is another attempt by the plaintiff's bar to recreate "asbestos-like" litigation in the toxic tort arena. On the rise, these cases involve elements of classic personal injury based on negligence and strict liability theories, including those related to causation, exposure and damages.
The Benzene Debate
A clear, colorless liquid often used in manufacturing rubber, paint, plastics, resins, drugs, pesticides, synthetics and other products, Benzene is also ubiquitous in the environment, making human exposure unavoidable. While plaintiffs claim that long-term exposure to benzene causes acute myelogenous leukemia (AML), acute lymphocytic leukemia (ALL), non-Hodgkin’s lymphoma (NHL) and other blood diseases, significant challenges to these claims exist, particularly scientific debate regarding the exposure level required to cause these diseases.
Segal McCambridge’s Toxic Tort Litigation Group is highly experienced defending manufacturers, distributors, businesses and their insurers in benzene exposure cases. Our team is comprised of attorneys, paralegals, nurses and clerks with specialized training in all areas of toxic tort defense. We understand the science, medicine and regulations on which these cases turn, and our experience enables us to effectively communicate with clients, advise on industry developments and capably handle benzene litigation.
We skillfully employ early motion practice, including Daubert and Frye motions and other legal doctrines to narrow the issues and win case dismissals. We also strive to negotiate voluntary dismissals and favorable settlements when avoiding litigation is in our clients’ best interests.
However, when litigation is unavoidable or clearly the best course of action, we make the complex simple. Employing our extensive database of medical and legal information, network of experts and substantial toxic tort litigation experience, we communicate complex medical, industrial hygiene, warnings and toxicology issues to juries and obtain favorable results for our clients.