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Toxic Chemical Injuries

      Welcome to the resource toxic chemical Injuries. This page research resource for our staff, our clients, potential clients and other lawyers. The links on this page open in a new window. Please return often and look for new developments on our site.

             Phares Heindl, a former chemical engineer,  has been recognized as a  Board Certified Civil Trail Lawyer by the Florida Bar since 1991. He has over 20 years legal experience and handles toxic tort, sick building, toxic mold  and other personal injury cases in Florida. Please contact us regarding your case or email inquiry@heindllaw.com

Toxicology : Industrial Hygiene on the WWW - The Only Place to Be for Industrial Hygiene : Toxicology

Federal Judicial Center - Federal practice information and publication links including manual on admissibility of scientific evidence

Direct link (opens PDF) Reference Manual on Scientific Evidence.

To aid in reading the above Reference Manual on Scientific evidence click on the link to open pdf files of the General Electric v. Joiner and Kuhmo Tire v. Carmichael

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Florida Courts did not adopt Daubert but maintained a type of FRYE analysis. In Florida the gate-keeping function does not apply to pure opinion testimony. Additionally the "Frye" type analysis only goes to the acceptance of the methodology of the opinion but not the opinion itself. To aid the understanding of how Florida Courts apply the "gate-keeping" function to scientific evidence the links below are provided. Included is a link to oral arguments in John Castillo v. E.I. Du Pont de Nemours & Co. This case was never decided, however, the underlying case applying the "gate-keeping" function to the opinion rather than the methodology was specifically rejected in US Sugar Corp. v. Henson. This case addresses the issue raised in Castillo and clarifies the FRYE standard as applied in Florida. Clearly the Frye Standard as applied in Florida is significantly different from the application of the Daubert standard.

The Florida Supreme court makes it clear that only the basis of the expert opinion is put to the reliability test. The Court stated "We conclude that under Frye and its Florida progeny, when the expert’s opinion is based upon generally accepted scientific principles and methodology, it is not necessary that the expert’s deductions based thereon and opinion also be generally accepted as well."

In this case, The Florida Supreme Court sanctioned the use of differential diagnosis emphasized that epidemiological studies are not required. The Court stated "Also, there is no question that the differential diagnosis technique used by Henson’s experts is generally accepted in the scientific community. See In re Paoli R.R. Yard PCB Litig., 35 F.3d 717, 756 (3d Cir. 1994) (deeming differential diagnosis a hallmark" of internal medicine); Berry, 709So. 2d at 571. Finally, it is well settled that a lack of epidemiological studies does not defeat submission of expert testimony and opinions as expressed in this case."

Importantly, many opinions of exerts in Florida are classified as pure opinion vitiating the need for a Frye hearing. In US Sugar v. Henson the court stated "By definition, the Frye standard only applies when an expert attempts to render an opinion that is based upon new or novel scientific techniques. See Ramirez v. State, 651 So. 2d 1164, 1166-67 (Fla.1995). Therefore, in the vast majority of cases, no Frye inquiry will be required--because no innovative scientific theories will be at issue."

For example, In FLORIDA POWER & LIGHT CO. v. TURSI, 729 So.2d. 995 (Fla.App. 4 Dist. 1999) the court determined that the opinion of an ophthalmologist that PCB's that got in a Plaintiff's eye was pure opinion. In Rickgauer v. Sarker 804 So.2d 502 (Fla.App. 5 Dist. 2001) the court determined the testimony of a psychiatrist in a malpractice case was pure opinion. On the other hand in Holy Cross Hospital Inc. v. Marrone 816 So.2d 1113 (Fla.App. 4 Dist. 2001)

A Florida District Court issued this interesting opinion regarding a claim for carpal tunnel syndrome. The court discusses the role of differential diagnosis, procedure and general acceptance. see, David v. National Railroad 801 So.2d 223 (Fla. App. 2 Dist. 2001) Although the Florida Supreme Court in US Sugar v. Henson did not specifically require a separate evidentiary hearing when upholding the admissibility of expert testimony in the face of  a FRYE objection; good practice, fair play, due process and the holding of  David v. National Railroad seem to support the proposition that in order to exclude exert testimony under Frye, a separate evidentiary hearing is required.

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Daubert on the Web This is a great site for anyone preparing for a Daubert or a Fry challenge to expert witnesses. In toxic chemical, mold, and other  tort cases it is essential to be able to meet Daubert and Frye challenges to expert testimony.

Reddy's Forensic Home Page This is another  site for Daubert/Fry resources for toxic chemical, toxic mold and other personal injury cases.

Diagram of Diagnostic method for Toxic Tort  This opens a diagram that illustrates the method of establishing a causal connection between a toxic substance exposure and an injury or illness.

Hardin MD : Toxicology & Poisoning This is a great list of links

CIITindex The CIIT Centers for Health Research is a not-for-profit research organization. CIIT conducts fundamental research that focuses on the action of chemicals on biological systems. This site features a searchable database of  original toxicological research.

Open Directory - Science: Biology: Toxicology This is where we go to look for sites listed and organized by volunteer participants.

WWW Virtual Library: Forensic Toxicology Find experts and other resources here!

http://www.industrialhygiene.com/ exposure models, conversion calculators, and lots of general info and links.

Harvard School of Public Health Lots of interesting information regarding environmental health.

Duke Occupational & Environmental Medicine Duke has a recognized program in environmental medicine and this site will provide extensive information in the field.
 

Duke's OEM WWW Resource list  this extensive list of links is from Duke University School of Occupational and Environmental Medicine

IPCS HomePage  "The International Programme on Chemical Safety (IPCS), established in 1980, is a joint programme of three Cooperating Organizations  - ILO, UNEP and WHO, implementing activities related to chemical safety.  WHO is the Executing Agency of the IPCS, whose main roles are to establish the scientific basis for safe use of chemicals, and to strengthen national capabilities and capacities for chemical safety. "

Occupational Health Index This site is presented by the American Lung Association. Occupational lung disease is the number one work-related illness in the United States. The diseases that fall under this category are caused by exposure, usually extended, to irritating or toxic substances that may cause acute or chronic respiratory ailments. This site contains much useful information about toxic risk and the workplace environment and the parent site has many resources for people suffering from lung disease.

The Federal Register 2002 this site allows search of the Federal Register for toxic or other regulations and an extensive database of material data safety sheets for toxic chemical properties; this resource is presented by Seaton and this website contains much information regarding compliance with safety regulations for transportation, environmental and workplace safety.

Respirators  Information regarding selecting respirators to minimize toxic exposure. NIOSH guide to respirators.

OSHA FAQ re respirators This opens a very informative pdf file - frequently asked questions regarding respirators.

CCOHS: Canada's National Centre for Occupational Health and Safety information This is a great source for information on toxic torts, toxic chemicals, injuries from toxic chemicals and MSDS sheets.

Lead Paint Information Lead in paint is very toxic to children and causes severe brain damage. HUD has undertaken to educate the public on the hazards associated with lead paint. This link opens a PDF file for Lead Hazard Awareness training and contains comprehensive information regarding the toxicity of lead paint and federal regulations associated with lead.

RegComp - Regulatory Compliance Associates A Florida based group that provides training regarding the Department of Transportation hazardous chemical requirements (Hazmat)

Toxicology Consultants, Civil & Criminal Litigation Support This site provides an extensive listing of toxicology experts Florida and worldwide.

 HDODA can be a dangerous substance. Here are some websites used in conjunction with our efforts in  holding a industrial coating manufacturer responsible for a painter exposed to HDODA during a in plant test of a new  formulation.

   GPMU Health & Safety: Ultra-Violet Curing

   Optimum Air Waterborne Rapid Drying System and radiation uv curing technology

   Occupational allergic airbone contact dermatitis and delayed bronchial asthma from epoxy resin revealed by bronchial provocation test - European Journal of Dermatology

   HMIS CGCMM : 1,6-HEXANEDIOL DIACRYLATE, TECH, 90%, 24681-6

   GPMU Health & Safety: Asthma Agents

   Walsh & Associates, Inc. - Chemicals, Containers and Equipment: News