Ideas for Toxic Tort Case EvaluationJanabeth Fleming Taylor R.N., R.N.C.
I would first do a general search on google (http://www.google.com/) for "chemical name and lawsuits". There are many informational legal websites that will link to related resources and/or contain verified literature resources. Beware of scam websites/information. There are those who tend to "jump" on the bandwagon when a toxic tort claim is filed. Firms hold themselves out to represent clients in toxic tort claims. The purpose of these websites is often to sign up clients, then refer them to the firms that actually work up the case.
Get CAS number of chemical. If you don't know the CAS number you can find it using Google (http://www.google.com/) by doing a search for "CAS number chemical name".
Go to the news tab of Google (http://www.google.com/) and see if any news articles have been published related to the chemical.
Do a search on http://www.chemfinder.com using either the chemical name or chemical number. This site links to various sites which discuss exposure and other issues.
Do a search on PUBMED found at: http://www.ncbi.nlm.nih.gov/entrez/query.fcgi and do a
search for "chemical name AND morbidity", "chemical name AND mortality" and see what pops up. You can also search for chemical name and particular condition your client experienced after exposure.
Do a search of the NIOSH online guide to toxic chemicals found at: http://www.cdc.gov/niosh/npg/npgd0000.html.
Finally, be sure to get a good client intake interview identifying all potential sources of exposure. That includes residential history, educational history, occupational history (even part time jobs are important) medication history, and medical/surgical history. It is good to go back as far in time as the client is able. Some exposures that occur in childhood take years to have an effect on that person's health. Some potential questions to get additional information might include:
- Have you done any traveling in the past few years. Where did you go?
- What are your hobbies? (Often people are not as careful when around chemicals when working on a leisure activity)
- Have you done any gardening or remodeling of your home?
- Have you heard any explosions that you considered were a short distance from you?
- Any new construction in your neighborhood or where you run or where you work?
- What is the source of your drinking water, other water? Well or ??
Do not to forget to have potential clients send a letter per 29CFRl9l0 to employer demanding any and all information on what they may have been exposed to, including the OSHA logs for last 3 years listing such exposure etc. They have to provide information at no cost right away.
Scientific Evidence - Resources for Daubert/Frye:
Federal Judicial Center: (http://www.fjc.gov/). This site contains many resources that can be downloaded including the 1994 and 2000 Reference Manual on Scientific evidence, Manual For Complex Litigation and more plus links to Federal District Courts. This is the best place to start learning about scientific principles as well as use of scientific evidence in Federal Courts. This manual contains an explanation of key Supreme Court Cases on scientific evidence-Daubert, Joiner and Kuhmo. In addition, the manual contains sections explaining principles of science and areas of expert testimony including toxicology, epidemiology and engineering.
To aid the study of The Reference Manual on Scientific evidence click on these links to open PDF files of landmark decisions of the U.S. Supreme Court involving scientific evidence - 1. General Electric v. Joiner and Kuhmo Tire v. Carmichael.
Litigation Paralegal, Janabeth Fleming Taylor, R.N., R.N.C. has a degree in Nursing from Oklahoma State University and a Litigation Paralegal Certificate from the University of Oklahoma Law Center. She was a nursing instructor for ten years and has been a medical legal consultant for thirteen years. Ms. Taylor is currently President/Owner of Attorney's Medical Services, Inc. in Corpus Christi, TX. In 2002 she was named the Association of Trial Lawyers of America's Paralegal of the Year. She provides litigation support for attorneys across the United States and specializes in case reviews and Internet information resources. Her website is http://www.attorneysmedicalservices.com
and her e-mail address is jana@attorneysmedicalservices.com.
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