Insecticides Mirex and Chlordecone are both available. Mirex, also known as Dechlorane, was used to kill fire ants and is a flame retardant in paints, rubber, and plastics. Kepone, a brand name for chlordecone, was used as an insecticide on citrus, banana, and tobacco trees and in ant and roach traps. Swallowing fish obtained in contaminated areas, touching or ingesting dirt near hazardous waste sites, or working directly with the chemicals can all result in exposure to Mirex and Chlordecone.
A vast class of compounds is collectively called pesticides under a specific designation.
These substances are meant to eliminate rodents, weeds, insects, bacteria, and algae.
Due to the diverse variety of products that fall under the definition of pesticide, the chemical makeup of pesticides varies widely. Only a handful of the many different types of chemicals employed in pesticides include fumigants like bromides, several forms of organochlorines, arsenic, and organophosphates.
Pesticides are manufactured and bought because of their propensity to kill because they are intended to be harmful. These poisons can target nerve impulses that govern heart and central nervous system activities using some of the same technology used in chemical warfare. This is largely because people also contain the enzymes that pesticides target in insects and rodents.
Acute pesticide exposure frequently results in headaches, rashes, and asthma-like symptoms. Long-term exposure can result in more dangerous central neurological illnesses and birth abnormalities. Toxic torts like this typically target agricultural laborers.
Most individuals use pesticides to eliminate weeds or bugs without harming themselves or others. If you haven’t already, you must contact your doctor if you’ve been hurt by pesticide use. Comprehensive medical tests may be required to identify the origin of your injuries due to the various chemicals employed. This information will be crucial if you decide to sue for your injuries.
Risks
The potential for harm to the skin, liver, reproductive, and nervous systems is one of the negative effects of high levels of exposure to mirex and chlordecone. Studies on the toxicity of these insecticides in animals have also revealed that the kidneys, thyroids, and digestive systems may be negatively impacted.
How Do I Come into Contact with Mirex and Chlordecone?
Mirex and chlordecone are no longer used in the United States; thus, most people are unlikely to be exposed to them.
The most likely source of contamination with mirex and chlordecone is tainted food raised or caught close to hazardous waste sites. Mirex and chlordecone have not been discovered by the Food and Drug Administration (FDA) in investigations of food undertaken across the United States after 1992. It is unlikely that drinking water will expose you to these pollutants. If you eat wildlife (fish and game) that lives close to a hazardous waste site, you could be exposed to mirex and chlordecone through polluted dirt.
Can Chlordecone and Mirex Induce Cancer?
Animals exposed to high dosages of mirex or chlordecone have developed liver cancer. Mirex and chlordecone are regarded by the Department of Health and Human Services as substances that are reasonably anticipated to be human carcinogenic (causing cancer). According to the EPA, humans are likely to develop cancer from chlordecone.
What Else Should I Know About Toxic Exposure Legal Action in General?
Even if the employer was directly at fault for the exposure, work-related injuries are not often handled through a typical personal injury case. Instead, the workers’ compensation system, which all fifty states have adopted, is used to manage these injuries. In most cases, the only recourse for injuries sustained while working is to file a workers’ compensation claim.
If a material like asbestos hurt the worker that a third party produced, they might be able to file a normal civil action against the substance’s producer. Furthermore, instances involving faulty prescriptions or treatments may be filed as product liability claims rather than toxic tort claims. A qualified lawyer will know how to properly process your case.
However, a group claim would be more appropriate if dangerous material has affected many people. A class action lawsuit is a legal claim made by several people who have all sustained the same injury or a similar one due to the same defendant’s actions.
The statute of limitations establishes the window of opportunity within which a specific claim may be made against a defendant. This is significant since there is a deadline for filing damage claims. This is often two or three years after the incident in personal injury claims.
This might be challenging for cases involving hazardous exposure because damage from exposure could not manifest immediately but instead take years to manifest as a serious medical problem. Several states have a discovery rule that delays the start of the statute of limitations until the injury is known or should have been known with reasonable certainty.
Do Toxic Tort Defenses Exist?
Most defendants in a toxic tort lawsuit will raise one or more defenses since a class action claim has the potential to result in significant losses. These typically take the form of affirmative defenses, which absolve the defendant of responsibility even if the plaintiff can show that the defendant was at fault.
In toxic tort litigation, examples of affirmative defenses might be:
- Assumption of Risk: Despite being informed of the risks, the plaintiff ignored them and exposed themselves to the harmful substances. This is a typical response because poisonous items typically have warning or danger signs attached to them;
- Contributory/Comparative Negligence: This could be a strong defense if the plaintiff’s negligence contributed to their own injury. In certain places, the plaintiff might be disqualified from bringing the claim, or their damages award might be scaled back;
- Statute of Repose: Like the statute of limitations, the plaintiff has a certain period to bring a claim, regardless of when they first learn that they have been harmed. Instead of statutes of repose, most jurisdictions enforce statutes of limitations; and
- Conflict of Laws: If local, county, or state laws that control toxic torts directly conflict with federal laws, that conflict may be used as a defense.
One typical tactic used by defendants to escape culpability is to demonstrate that the toxic tort victim has not established all the necessary elements. The requirement illustrates that the plaintiff shows that the defendant was responsible for their injuries. Even though it’s not a formal affirmative defense, the defendant may be released from responsibility if causation cannot be established.
Do I Need a Lawyer If I Have Been Exposed to Pesticides?
You should speak with an expert toxic torts class action lawyer to protect your legal rights and your capacity to receive compensation for your injuries. Your attorney can explain what your options are under current laws regarding toxic exposure and toxic torts. They can represent you and guide you through the legal process from beginning to end
Due to the required medical testing and the challenge in identifying the chemical’s source, toxic torts like pesticide exposure are typically challenging to litigate. As a result, a toxic tort lawyer can assist in organizing and bolstering your case. Also, if there are any changes or updates to toxic tort class action laws, your attorney can keep you informed regarding your legal rights.
