ABSTRACT

This chapter presents the overview of specific and representative products that have been the subject of toxic tort claims. Toxic tort claims against the manufacturer of cleaning solvents have alleged injuries such as from Raynaud's phenomenon, allegedly caused by the solvent's defatting and evaporative effects. Plaintiffs who have undergone radiation therapy have pursued claims that the health care provider failed to properly shield other body areas from radiation. Toxic tort claims have been lodged against manufacturers of pesticides where the purchaser claimed that use of the manufacturer's herbicide prevented the timely planting of plaintiff's regular crop rotation. While a medical device manufacturer's duty to warn of the risks associated with the use of its product extends only to the medical community, plaintiff may yet prove liability upon a showing that the warnings given inadequately apprised physicians of the product's risks.