Exposure to Harsh Chemicals Proves Deadly to One Husband and Father
A toxic tort is a special type of personal injury lawsuit in which the plaintiff claims that exposure to a chemical caused the plaintiff's injury or disease.
Our victim in this toxic tort case is a devoted husband and loving father who really enjoyed working in his garden. He never imagined that spraying his canal bank, hibiscus hedges and other areas of trees, plants, shrubs and foliage would ultimately cause his death. Unfortunately, he was spraying chemical products containing the phenoxy herbicides 2,4-D, Silvex and 2,4,5-T for approximately 15 continuous years. Even though he was using these chemicals for their intended purpose and followed the directions for distribution, and even though he wore protective clothing while distributing these chemicals, he was consistently exposed to these chemicals and this exposure precipitated the condition of lymphoma, a form of cancer, and related blood disorders. His physician has indicated that the mortality rate for someone with this diagnosis is between five (5) to seven (7) years.
This victim contacted Attorney Richard D. Schuler to represent him in this case because he knew that Mr. Schuler had extensive experience in handling these toxic tort cases. Mr. Schuler sued the manufacturers and distributors of these chemicals on behalf of the victim for, among other things, the failure to properly inspect, market and distribute these chemicals and failing to warn of the toxic nature of these chemicals and the fact that exposure to them can and will cause cancer or terminal disease.
After being diagnosed with lymphoma, this victim’s life changed in almost every aspect. His condition has impacted his emotional life most severely. There is no cure for his condition, there is no guarantee that any attempt he makes to affect his condition will work, and the circumstances can change at any time. The future appears as a big question mark.
A vital factor in all this is that this victim is now faced with the possibility of not being able to provide for his family’s future. The thought that upon his death his loved ones will lose what he has worked so hard to provide them has been very debilitating for him.
Mr. Schuler was successful in settling this case without the necessity of a trial for hundreds of thousands of dollars. This victim will now be able to obtain the treatment he so vitally needs and no longer will have to worry about the future well-being of his family.
