Kidney Cancer Due to Toxic Exposure
May 12, 2023
Toxic chemicals can indeed have serious health results. Asbestos was widely used in manufacturing, paint, and even home and school construction for decades before 1989. Then, the Environmental Protection Agency (EPA) issued regulations that slowed its use and provided a warning to the public. Exposure to asbestos can lead to various types of cancer, including mesothelioma.
One type of toxic exposure that doesn’t get as much media attention comes from a substance known as TCE, or trichloroethylene. TCE is in refrigerants and some household products such as cleaning wipes, tool cleaners, aerosol cleaning products, paint removers, spray adhesives, carpet cleaners, and spot removers. Commercial dry cleaners use it as a spot remover as well.
TCE can remain in the air, water, or soil at sites where it is produced or used, and it remains for a long time since it breaks down slowly. According to the National Cancer Institute, exposure to TCE can result in kidney cancer. Others looking into TCE and its effects suggest it can also lead to non-Hodgkin lymphoma and possibly even liver cancer.
If you or a loved one is suffering from kidney cancer and believe it is due to exposure to TCE or another toxic substance in or around Grand Forks, North Dakota, contact David C. Thompson, P.C., for reliable legal assistance.
Toxic exposure Attorney David C. Thompson will review your situation and advise you of your best legal options moving forward. He has more than four decades of experience helping clients with their claims arising from toxic exposure, whether at work or elsewhere. In addition to Grand Forks, he proudly serves clients throughout the state, including Fargo, Minot, and Bismarck, North Dakota.
Can Toxic Exposure Lead to Kidney Cancer?
In addition to trichloroethylene, or TCE, other substances that can lead to kidney disease are benzene and organic solvents such as fuels, paints, and degreasing agents. Workplace exposure to heavy metals such as cadmium and lead can also lead to toxic injury to the kidneys. Agrochemicals such as fertilizers and pesticides can also harm the kidneys.
At home, the use of some of the products mentioned above, including carpet cleaners, spray adhesives, spot removers, and others, can lead to exposure to TCE. The use of some pharmaceuticals can also harm the kidneys. For instance, Ibuprofen has been linked to kidney disease, such as chronic interstitial nephritis, but not necessarily to cancer.
Who Can Be Held Liable?
If a product can be shown to have caused harm to an individual or group of individuals, then it is possible to file what is known as a toxic tort lawsuit. An individual personal injury lawsuit can also be employed in certain circumstances. If exposure to toxic substances at work leads to harm, such as kidney cancer, it should be covered by that business’s workers’ compensation insurance. Workers’ compensation is a no-fault system, so it is not possible in most cases to sue the employer.
If someone suffers from toxic exposure at work, it is sometimes possible to file a personal injury lawsuit against a third party responsible for the injury or illness. For instance, if a cleaning agent or other substance being used at work fails to come with proper warnings and safety and use instructions and results in harm to users, then the supplier or manufacturer may be held liable.
Proving Fault in a Toxic Tort Case
There are generally four avenues to proving fault, or liability, in a toxic tort lawsuit or in a personal injury lawsuit:
NEGLIGENCE: As an example, if a construction site fails to follow proper guidelines in using toxic chemicals, and this leads to contamination of the air, soil, or water, then the lawsuit would have to show that the contractor’s negligence led to toxic exposure.
PRODUCT LIABILITY: If the manufacturer of a product fails to warn users of safety and health risks associated with using the product, then they can be held liable for any harm to users that results. A recent example is cancer lawsuits based on the use of Roundup, a herbicide.
STRICT LIABILITY FOR ULTRAHAZARDOUS ACTIVITY: The transportation of dangerous chemicals is one example of an ultrahazardous activity. Victims of harm resulting from such extremely dangerous activities do not have to prove negligence on the part of the defendant, thus “strict liability” prevails.
INTENTIONAL MISREPRESENTATION OR FRAUD: If the manufacturer or purveyor of a product knew that it was dangerous but misled those that bought or used the product, then they can be sued for the toxic and harmful consequences of misrepresentation or fraud.
Turn to David C. Thompson for Help
If you or a loved one is suffering from kidney cancer that you believe was caused by exposure to a toxic substance or toxic environment, contact David C. Thompson, P.C., for dependable legal guidance. Attorney David C. Thompson will examine the circumstances of how your disease originated and help you gather evidence and pursue your legal options for compensation. Reach out for his assistance wherever you are in North Dakota.