Toxic & Mass Tort Practice

PRACTICE AREA CONTACTS: Jan E. Simonsen and William J. Carter

The attorneys on our toxic tort team have extensive experience litigating and resolving toxic tort matters. Nationally, we have litigated and tried some of the most closely watched and legally significant cases in this field. Our team represents corporations in a wide variety of toxic tort and mass tort cases, including those involving mold, asbestos, lead paint, multiple chemical sensitivity, silica sand, legionella bacteria, volatile organic compound exposures, carbon monoxide and vaccine components.

Our experience in toxic torts dates back to the Agent Orange litigation. The Agent Orange litigation ushered in the toxic tort age by presenting the first clash at the national class action level between novel scientific theories and the strictures of legal proof. In the public policy context, the Agent Orange case foretold the subsequent highly publicized and politicized wave of toxic tort litigation. We provided essential support for the chemical manufacturers’ defense in this prototypical multi-district tort litigation with representative plaintiffs.

Carr Maloney was also lead counsel in the ground-breaking case involving injuries due to toxic molds. Our firm represented the owners of the EPA’s national headquarters building in Bahura v. S.E.W. Investors, et al., which was brought by 19 present and former EPA employees and their spouses alleging injuries due to exposures in the EPA headquarters building. Because of the novelty of the claims at the time, we were
among the first to challenge the medical and psychological basis of multiple chemical sensitivity syndrome as
a compensable injury.

Carr Maloney has vast experience representing large corporations in the Multi District Litigation Court handling asbestos cases. Carr Maloney’s attorneys work effectively and efficiently to provide its clients with cost effective strategies to resolve these cases.

Remaining at the forefront of toxic tort litigation, Carr Maloney defends clients of all sizes against lead paint poisoning, mold and asbestos exposure, carbon monoxide and Legionnaire’s Disease cases. These cases present complex issues of notice, exposure, causation and injury that have long lasting impact. Our clients have included product manufacturers and distributors, general contractors, property owners and managers, abatement companies and others.

The firm’s vast experience enables us to understand the new issues that face our clients in the ever-changing toxic and mass tort fields. One of the fastest growing sources of toxic and mass tort litigation involves claims of injury caused by pharmaceutical products, including prescription and over the counter medications and vaccines. Maintaining its position at the forefront of toxic and mass tort litigation, Carr Maloney has defended the manufacturer of a vaccine component in a number of cases in the mid-Atlantic region. Our depth of experience leaves us well suited to handle this new wave of litigation, as well as the next generation of toxic and mass tort claims.

For information regarding publications and seminars by Carr Maloney, see Articles and News & Resources.