Toxic Torts

In this burgeoning area, Harvey Kruse represents property owners, product manufacturers and their distributors against claims that a chemical, solvent or other substance caused a variety of ailments ranging from death, to disabling injuries, to “fear of cancer” or “medical monitoring” claims. We have an active toxic tort practice, currently defending thousands of claims. This has allowed us to establish relationships with recognized experts in pathology, radiology, toxicology, internal medicine and occupational health and safety, bringing economies of scale and a cost-effective defense to bear against a large docket of claims in a coordinated fashion. We understand the factual proofs involved in defending exposure-based claims and regularly litigate issues of primary and secondary causation. We are experienced in challenging novel testing such as “brain mapping” and the applicability of epidemiological studies to proof of individualized causation. We also pioneered the development of computerized reports and electronic data exchange to better assist our clients in managing the enormous amount of statistical information that mass tort litigation generates.

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