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Phares Heindl has been recognized as a Board Certified Civil Trial Lawyer by the Florida Bar since 1991. He has over 20 years legal experience, holds a B.S. degree in Chemical Engineering 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.
 

Page Index-for helpful toxic resources click below:

 

1. General Information & Miscellaneous:

2. Research Sites for Chemical & Toxic Properties:

3. Scientific Evidence - Resources for Daubert/Frye issues:

4. Resources for specified or classes of toxins:

5. Litigation support resources:

 

 

1. General Information & Miscellaneous:

 

ATSDR - agency for toxic substance and disease registry -Frequently Asked Questions About Contaminants Found at Hazardous Waste Sites. Each fact sheet serves as a quick and easy to understand guide. Answers are provided to the most frequently asked questions (FAQs) about exposure to hazardous substances found around hazardous waste sites and the effects of exposure on human health.

 

International Society of Exposure Analysis (ISEA) Home Page  The Society was established in 1989 to foster and advance the science of exposure analysis related to environmental contaminants, both for human populations and ecosystems and may provide for useful. This society publishes the Journal of Exposure Analysis and Environmental Epidemiology; this journal is peer reviewed.

 

Risk Assessment Information System This site provides information regarding risk assessments primarily in conjunction with superfund type remediation.

 

Society of Toxicology-resources and links  This link is to the public information page. The site can be useful in selecting expert witnesses, obtaining basic information on toxicology, use of animals and risk assessment. Toxicology provides essential information for the risk assessment process. Basically, toxicologists provide much of the underlying scientific data regarding how chemicals might affect humans and the environment.

 

Industrial Hygiene Search Engine Industrial hygiene identifies toxic risks, performs assessments and implements measures to reduce toxic risk. Hygienists may identify toxic exposures and access the toxic or injury potential of exposure. This site contains an extensive links, discussion board, and list books for sale.

 

 Toxicology Subject Catalogue This is the University of Kentucky's subject catalogue on toxicology and provides a list of toxicology resources.

 

NIEHS website This is the website of the National Institute of Environmental Health Sciences. The National Institute of Environmental Health Sciences (NIEHS) is one of 27 Institutes and Centers of the National Institutes of Health (NIH),which is a component of the Department of Health and Human Services (DHHS). This site contains a searchable library of toxic information.

 

Periodic table   This interesting site contains the periodic table of the elements. The table of elements are linked to information providing information regarding each element.

 

Glossary of Terms This links to the ASDR basic glossary of toxic related terms.

 

PBS -Trade Secrets A PBS special shows how chemical companies sometimes hide the truth about the heath effects of their products. This documentary focuses on a case involving vinyl chloride and contains "never- before-told account of a campaign to limit the regulation of toxic chemicals and any liability for their effects."

 

Clinical Chemistry. This link is for the official publication of the American Association of Clinical Chemistry. Clinical chemistry involves laboratory testing useful in diagnosing disease and toxic injury. The journal is quite technical and of little use to non professionals.

 

Open Directory - Science: Biology: Toxicology This is where to go to look for sites listed and organized by volunteer participants. The lists are categorized into lists such as consultants, hazardous substances, MSDS's.

 

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.

 

National Ground Water Association This association is divided into interest groups including Ground Water Modeling Interest Group, and Internet Ground Water Data and may be a source of assistance or location of experts to assist in toxic exposure evaluation through groundwater.

 

RegComp  OHSA, EPA, and DOT have regulations pertinent to the transport of toxic substances. Using this site you can search for these regulations. This site is presented by a Florida based group that provides training regarding the transport of hazardous chemical requirements.

 

Duke Occupational & Environmental Medicine  Duke University School of Occupational and Environmental Medicine is well known and this site may provide a source of information or expert witnesses. The site has reference to a good list of links and a mail list serve for environmental physicians.

 

U.S. Chemical Safety and Hazard Investigation Board The U.S. Chemical Safety and Hazard Investigation Board (CSB) is an independent, scientific investigatory agency, not a regulatory or enforcement body. The mission of the U.S. Chemical Safety and Hazard Investigation Board is to promote the prevention of major chemical accidents at fixed facilities. This site contains useful information and notices and contains investigation reports and news.

 

The "HazMat Laptop" This site has many toxic tort related resources to download including: Bioterrorist Agents Wall Chart, Chemical Reactivity Worksheet, North American Emergency Response Guidebook, Pesticide Product Information System, Chemical Resistant Guide to Best Gloves, 3M Respirator Selection Guide, and others.

 

local6.com - Report: Florida Near Top In Nation For Toxic Pollution  A news article and video of a news conference held by PRIG to release a Study regarding toxic release in Orlando, Florida..

 

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2.Research Sites for Chemical & Toxic Properties:

 

RAIS: Toxicity Profiles This page list many common toxins and their toxic profiles.

 

Chemical Health and Safety Data This site presented by the National Toxicology Program, a division of the National Institute of Health, contains chemical properties and health data for over 2000 chemicals and provides an excellent resource to obtain authoritative information on chemical substances.

 

NIOSH/Pocket Guide To Chemical Hazards (NPG) The NPG is intended as a source of general industrial hygiene information on several hundred chemicals/classes for workers, employers, and occupational health professionals. The NPG does not contain an analysis of all pertinent data, rather it presents key information and data in abbreviated or tabular form for chemicals or substance groupings (e.g. cyanides, fluorides, manganese compounds) that are found in the work environment. The information found in the NPG should help users recognize and control occupational chemical hazards.

 

Sheffield Chemdex - Home  This site contains a searchable list of chemical related websites.

 

Material Safety Data Sheets  Chemical Manufacturers and suppliers are required to maintain material safety data sheets. MSDS  contain basic toxicological properties of chemical substances are are a good starting point in researching toxicity.

 

This site is a great resource for understanding MSDS. It contains extensive FAQ pages and is a key site for assessing the adequacy of a MSDS.

 

 EXTOXNET Global Search   This is a searchable global site for pesticides and other toxins.

 

Low Level Exposure This site features newsletters and information regarding low level toxic exposures.

 

SIRI MSDS Index  Search for MSDS sheets, chemical and toxicological information.

 

Got a Question?  Hazmat has answers! this site focuses on transport of hazardous materials.

 

ATSDR - Agency for Toxic Substances and Disease Registry - U.S. Dept. of Health and Human Services This is a premier site for research into established information on toxic substances.

 

Research Sites       ToxNet       PubMed  

 

THE MERCK MANUAL      

 

The Journal of Neuroscience Online searchable and full text articles.

 

Index to Material Safety Data Sheets (MSDS) for Infectious Substances - PPHB - Health Canada biological substances can produce toxins.

 

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.

 

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.

 

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.

 

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. "

 

Harvard School of Public Health Lots of interesting information regarding environmental health and info on toxic substances.

 

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

 

See also our toxic mold page for toxins associated with mold!

 

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3. Scientific Evidence - Resources for Daubert/Frye issues:

 

 

Federal Judicial Center This site contains many resources that can be downloaded including the 1994 and 2000 Reference Manual on Scientific evidence, Manual For Complex Litigation and more plus links to Federal District Courts.

 

Animal use brochure To understand scientific evidence it is necessary to understand something about the underlying science. This link takes you to a simple brochure published by the Society of Toxicology explaining the use of animals in toxic evaluations. It explains terns like in vitro and in vivo. In vitro ( test tube ) and in vivo ( in living organisms-animal studies) are well accepted methods by toxicologist to determine toxic properties in humans.

 

Direct link (opens PDF) Reference Manual on Scientific Evidence. This is the best place to start learning about scientific principles as well as use of scientific evidence in Federal Courts. This manual contains an explanation of key Supreme Court Cases on scientific evidence-Daubert, Joiner and Kuhmo. In addition, the manual contains sections explaining principles of science and areas of expert testimony  including toxicology, epidemiology and engineering.

 

To aid study of The Reference Manual on Scientific evidence click on these links to open PDF files of landmark decisions of the U.S. Supreme Court involving scientific evidence - General Electric v. Joiner and Kuhmo Tire v. Carmichael.

 

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Florida & Daubert-Frye

Florida courts did not adopt the "gate-keeping" principles of Daubert, instead Florida Courts maintain a Frye type analysis. In Florida this "gate-keeping" function does not apply to pure opinion testimony. Moreover, the "gate-keeping" analysis used in Florida extends only the methodology underlying the expert opinion not to the opinion itself. These links are provided as a research source and to assist you in understanding of how Florida Courts exercise their "gate-keeping" role regarding admissibility of expert testimony.

 

In U.S. Sugar v. Henson, 823 S.2d. 104 (Fla. 2002), the Florida Supreme Court held that Frye's general acceptance test as applied in Florida extends only to the basis of an expert's opinion. The Court stated, "We conclude that under Frye and its Florida progeny, when the expertís opinion is based upon generally accepted scientific principles and methodology, it is not necessary that the expertís deductions based thereon and opinion also be generally accepted as well."

 

In U.S. Sugar, the Florida Supreme Court sanctioned the use of differential diagnosis as the basis of expert medical opinions while emphasizing that epidemiological studies are not required to support general acceptance and stated: "Also, there is no question that the differential diagnosis technique used by Hensonís 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."

 

Most expert opinions offered in Florida courts are not subject to a Frye hearing. Opinions that meet the legal classification of "pure opinion" are not subject to a Frye hearing. In U.S. 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 an opinion of an ophthalmologist that PCB spilled in the Plaintiff's eye caused his cataract was pure opinion. In Rickgauer v. Sarker 804 So.2d 502, (Fla.App. 5 Dist. 2001), the court determined that the testimony of a psychiatrist in a malpractice case was pure opinion. However, in Holy Cross Hospital Inc. v. Marrone, 816 So.2d 1113  (Fla.App. 4 Dist. 2001), the court rejected the Plaintiff's assertion that an oncologist's opinion that a delay in treatment resulting from misdiagnosis of cancer decreased the Plaintiff's chance of survival was  pure opinion stating: "Pure opinion refers to expert opinion developed from inductive reasoning based on the expertsí own experience, observation, or research whereas the Frye test applies when an expert witness reaches a conclusion by deduction, from applying a new and novel scientific principle, formula, or procedure developed by others."  In Holy Cross Hospital Inc. v. Marrone, the experts opinion was based on underlying tests ( staging studies), however, there was no indication that these staging studies represented new science.

 

For an interesting but somewhat dated reference article (fall '00) on variation of the Daubert theme in Florida, California, Texas and New York click here.   Take careful note, however, that the Florida article relies on Castillo v. E.I. Du Pont de Nemours & Co. 748 So. 2d 1108 (Fla. Dist. Ct. App. 2000) but Castillo was disapproved of in U.S. Sugar v. Henson

 

[update] On July 10, 2003 the Supreme Court of Florida released its decision in Castillo v. E.I. Dupont de Nemours and, as expected, the Court reversed the lower courts opinion excluding opinion testimony. Click on Castillo to open a "pdf" file for the most current law in Florida on scientific evidence.

 

In David v. National Railroad 801 So.2d 223 (Fla. App. 2 Dist. 2001) the court discussed the role differential diagnosis and held that the basis a medical opinion that repetitive motion resulted in carpal tunnel syndrome met the Frye test. The court in David v. National Railroad emphasized that a separate evidentiary hearing was required before an opinion could be excluded under Frye. Although the Florida Supreme Court did not specifically require a separate evidentiary hearing in U.S. Sugar v. Henson, good practice, fair play, due process and David v. National Railroad  seems to support the proposition that in order to exclude exert testimony under Frye, a separate evidentiary hearing is required. See also Ramirez v. State, 651 So. 2d 1164( Fla. 1995), holding that it is a violation of due process not to provide a criminal defendant the opportunity to rebut evidence of general acceptance in an evidentiary hearing.

 

In a knife murder case-Ramirez v. State, 810 So. 2d 836 (Fla. 2002)-the Florida Supreme Court applied Daubert type factors to exclude expert testimony based on an knife mark test that provided the basis of the expert's testimony that the knife used in a murder was the knife found on a the defendant.

 

An important case on scientific testimony is presently pending before the Florida Supreme Court. In Castillo v. E.I. Du Pont de Nemours & Co. 748 So. 2d 1108 (Fla. Dist. Ct. App. 2000), the lower court reversed a four million dollar verdict against DuPont arising from a claim that the Plaintiff's birth defects were caused by exposure to Benlate. Oral arguments were presented to The Florida Supreme Court on February  20, 2000, however, Florida Supreme Court has not yet rendered an opinion. The oral arguments  presented before the Supreme Court can be heard over the internet. The following link will take you to the February archives. (Gavel to Gavel) Be aware that the Florida Supreme Court disapproved of Castillo in U.S. Sugar v. Henson.

 

[update] On July 10, 2003 the Supreme Court of Florida released its decision in Castillo v. E.I. Dupont de Nemours and, as expected, the Court reversed the lower courts opinion excluding opinion testimony. Click on Castillo to open a "pdf" file for the most current law in Florida on scientific evidence.

 

 Spann v. State (Fla. April 3, 2003),  In a murder case, the defendant argued that the admissibility of his handwritings should be scrutinized, as suggested by the federal courtís opinion in Daubert.  The Florida Supreme Court reiterated that Florida courts follow the test set forth in Frye, which only applies in cases of new and novel scientific evidence.  Because forensic handwriting identification is not a ďnew or novelĒ science, Frye had no application.  The only proper application would have been whether a particular expert could testify regarding the identification. This principle is akin to the line of cases holding that Frye does not apply to pure opinion.

 

 

 

 

 

 

 

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List of Methodological Publications , List of links to accepted methodologies may toxicology-a good resource in preparing for Daubert/Frye. The International Program on Chemical Safety (IPCS) is a joint venture of the United Nations Environment Program, the International Labor Organization, and the World Health Organization. The main objective of the IPCS is to carry out and disseminate evaluations of the effects of chemicals on human health and the quality of the environment. Supporting activities include the development of epidemiological, experimental laboratory, and risk-assessment methods that could produce internationally comparable results. Use of compatible or similar methodology arguably meets the general acceptance tests.

 

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.

 

 

Sound Science an interesting site presented by alleged proponents of sound science. This site has a succient explanation of the U.S. Supreme court cases on admissability of scientific evidence and has sections on electromagnetic fields, breast implants, mold, Phen-Fen, Oxycontin, Poly Chlorinated Biphenyls (PCBs) into the Hudson river, radiation exposure is at low intensity, depleted uranium, and Arsenic in US drinking water and request visitors to submit other area of concern.

 

Atlantic Legal Foundation  This non-profit legal group files many amicus briefs supporting the exclusion of "scientific" evidence and includes a member list of specialist that typically support defense positions and amicus briefs filed on various issues.

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4. Resources for specified or classes of toxins:

 

 

 

       

A GREAT RESOURCE FOR NEUROTOXINS

 

 

Pharma-Lexicon.com - Medical & Pharmaceutical Abbreviations and Acronyms, Drug Search, Pharmaceutical Companies and more

 

Society for Neuroscience | The Journal of Neuroscience good fact sheet on the brain.

 

WELCOME TO BEYOND PESTICIDES

 

Multiple Chemical Sensitivity and Environmental Illness

 

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.

 

 

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.

 

 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 airborne 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.  UV/EB curing products are made up of acrylate monomer and acrylate oligomers and can be hazardous. This site has safety information.

 

 

 

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5.Litigation support resources:

 

 

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

 

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

 

 AIChE  American Institute of Chemical Engineers website- use this site for information, safety conferences and risk management papers, research, potential experts. This site provides access to publications such as Assessing Risks from Threats to Process Plants: Threat and Vulnerability Analysis, Legionella Pneumophila in an Ammonia Plant Cooling Tower, An Index-Based Method for Assessing Exothermic Runaway Risk, Explosion Protection with Metal Dust Fuels, Understanding the Role of Process Chemistry in Fires and Explosions , and many other articles from AIChe publication Process Safety Progress.

 

 

The Legacy Tobacco Documents Library (LTDL) contains more than 6 million documents related to advertising, manufacturing, marketing, sales, and scientific research of tobacco products. Visitors can search, view, and download these documents from this website

 

See the  section on Daubert/Frye!

 

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Before you exit; please visit our resources on Toxic Mold or Sick Building Syndrome!

 

The Heindl Law Firm

222 S. Westmonte Dr. #208

Altamonte Springs, Florida 32714

(Orlando Area)

Phone:  407-865-5700

  Fax:    407-865-5758

 inquiry@heindllaw.com

 

 

 

 


      
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