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William J. Carter or Jan E. Simonsen

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, multiple chemical sensitivity, lead paint, silica sand, volatile organic compound exposures, asbestos 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 multidistrict 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.

Remaining at the forefront of toxic tort litigation, Carr Maloney defends clients of all sizes against lead paint poisoning and asbestos exposure 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, 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. Today, 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 is currently defending 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.

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