Every time you pay for a purchase with a credit card or a check, you trust the merchant with your financial secrets.
Whenever you visit a doctor, are treated in a hospital, or sign up for health insurance, you expose your precious personal information to strangers.
In your interactions with government offices, service providers, and even your own employer, you are vulnerable; you are sharing valuable data that, if not properly guarded, thieves can exploit.
For a free consultation and more information about your legal options, please contact us today.
Get a Free Case ReviewVirtually all your financial and medical interactions amount to exercises in trust of people you don’t know. You are depending on others to protect your information from criminals who know how to use it to steal and can devastate your financial health.
Weitz & Luxenberg believes your trust should not be violated. Your information deserves the same care as any other valuable asset. Jewelry stores wouldn’t remain in business very long if they left their doors unlocked at night.
But in far too many cases, innocent people are being let down by those they trust. And things only seem to be getting worse, even as news coverage has brought the importance of data protection to light.
In 2016 alone, the nonprofit Identity Theft Resource Center (ITRC) documented 1,093 data breaches that exposed more than 36 million records, an all-time record that topped the previous record by 40%. (1)
The ITRC Data Breach Report detailed cases involving data kept by government offices, medical and insurance companies, websites, banking and financial institutions, educational facilities, and other businesses. (2)
The breaches included incidents of hacking, stolen and misplaced laptop computers, and medical patient documents being carelessly handled. (3) In one documented instance, a psychiatric hospital patient gained access to other patients’ information through a hospital library computer and then posted the information on social media. (4)
The incidents documented by the ITRC ranged from small numbers of records being mishandled to millions of people’s sensitive data being compromised when a personal laptop and hard drives were taken by burglars who broke into a federal Office of Child Support Enforcement building in Washington state. (5)
We would feel privileged to assist you. For a free consultation and more information about your legal options, please contact us today.
(917) LAWYERSIn addition, mind-boggling, large-scale data breaches have been documented in the media and in Congress.
As frightening as those high-profile breaches are, most unauthorized data releases happen in smaller doses that escape the bright national spotlight. For example, car dealerships customers’ and employees’ data were exposed online. And a union pension plan was the victim of a ransomware attack. Military veterans’ data was compromised at a U.S. Department of Veterans Affairs health system in Colorado. (13) And the Trump Hotel Chain agreed to pay a $50,000 penalty and change its data security after credit card numbers and other information for 70,000 customers were exposed in data breaches. (14)
The financial and emotional harm being caused to innocent citizens by lax data security practices is enormous. As the acting chairman of the Federal Trade Commission told a Congressional committee, “Failing to take reasonable precautions to secure data from identity thieves and other malicious actors hurts consumers and legitimate businesses alike.” (15)
According to the U.S. Department of Justice’s Bureau of Justice Statistics, 17.6 million people in the United States were victims of identity theft in 2014.”
That year, the most common type of ID theft was the unauthorized misuse of an existing account, such as fraudulent use of a credit card or use of existing telephone, bank, online, or insurance accounts. (16)
While most identity theft victims were able to resolve their issues within a day or less, about 9% — 1.5 million people — spent more than a month trying to fix the problems, according to the bureau. “Victims who spent more time resolving the associated problems were more likely to experience problems with work and personal relationships and severe emotional distress,” the bureau said in a news release. “Among identity theft victims who spent six months or more resolving financial and credit problems due to the theft, 29 percent experienced severe emotional distress.” (16)
When visiting the doctor, or being treated in a hospital, you are often at your most vulnerable. You shouldn’t have to worry about being a crime victim, or about the security of your most personal information, at a time like that.
Yet, in the last few years, more than 100 million health records have been exposed in security breaches, some involving ransomware attacks that have forced the temporary shutdowns of hospitals in the United States and the United Kingdom. (17)
Investigators later determined that a foreign government was behind the 2015 Anthem breach, which began when someone working for a subsidiary opened an email with malicious content, allowing hackers to gain remote access to at least 90 systems within Anthem, including the company’s data warehouse. (19)
According to a recent report, nearly half of pharmaceutical and life science organizations experienced a security breach within a period of one year. (20) And the Federal Trade Commission recorded more than 3,600 physician and patient cases of medical identity theft in one year. (21)
Weitz & Luxenberg is pursuing compensation through a class action lawsuit on behalf of victims of a massive data breach at Excellus BlueCross BlueShield. An estimated 10.5 million Excellus and Lifetime customers’ personal information was exposed in the breach, which was discovered in August 2015 and is believed to have begun in 2013.
In that breach, cyber hackers may have gained access to clients’ names, dates of birth, Social Security numbers, financial account information, and claim information. (22)
The U.S. Department of Justice warns that criminals who obtain enough identifying information about a person can use it to commit different crimes, including falsely applying for loans and credit cards, fraudulently withdrawing money from banks, and obtaining goods and privileges that the crooks couldn’t get in their own names. (23)
Although businesses often offer credit monitoring to customers whose information was exposed, the Federal Trade Commission says such services provide limited help. “Credit monitoring only warns you about activity that shows up on your credit report,” the FTC says. “But many types of identity theft won’t appear. For example, credit monitoring won’t tell you if an identity thief withdraws money from your bank account, or uses your Social Security number to file a tax return and collect your refund.” (24)
Innocent victims, whether they are individuals or businesses, deserve better when their personal data is exposed to criminals through no fault of their own. They deserve to be compensated for what happened to them.
Actos belongs to a class of drugs known as thiazolidinediones. According to the Mayo Clinic, Actos works to lower the amount of sugar in your blood by making your tissues more sensitive to insulin. Insulin is a hormone that regulates the absorption of sugar into your cells.
Read about an Actos user who suffered from complications and how a good law firm was able to help — Jury Awards $9 Billion to Diabetic Put at Cancer Risk by Actos.
When used during surgery on patients undergoing hysterectomies or myomectomies (removal of the uterus or uterine fibroids), these devices can spread a hidden and rare, yet aggressive, uterine cancer. Patients are left with a poor prognosis of recovery.
In July, the FDA convened with the Obstetrics and Gynecological Medical Devices Panel to evaluate whether or not it is safe to continue using power morcellators in gynecologic surgeries. The panel felt that, in most cases, the risks outweigh the benefits.
It recommended that doctors explain to their patients the magnitude of the risk when they agree to surgery, and said they would consider requiring “black box” warning labels — the most severe warnings the FDA has. Leading hospitals nationwide are considering banning their use altogether or restricting how the tools are used.
In addition, Johnson & Johnson, one of the manufacturers of these surgical devices, discontinued all sales of its laparoscopic power morcellators following the FDA warning. J&J products affected by this action include the Gynecare Morcellex Tissue Morcellator, the Morcellex Sigma Tissue Morcellator System, and the Gynecare X-Tract Tissue Morcellator.
Melinda Davis Nokes enjoys a well-deserved reputation for ingenuity and tenacity when it comes to securing experts who can offer powerful testimony about the connection between dangerous pharmaceuticals and the injuries they can cause.
Lawrence B. Goldhirsch has been with Weitz & Luxenberg since 1994 and serves as trial counsel in our Drug & Medical Devices Litigation group.
Michael E. Pederson fights for the rights of adults and children who become injured by pharmaceuticals and medical products purported to be safe.
Power morcellators are tiny surgical devices with rapidly rotating blades. Often when removing the uterus or uterine fibroids, surgeons insert these devices through a small incision in the patient’s abdomen. The tiny blades then slice the tissue into small pieces that can be sucked out through the opening of a laparoscope.
In the process of slicing up the uterus or uterine fibroid, power morcellators can spread previously undiagnosed cancerous tissues throughout the abdominal cavity. These cancerous growths are of particular concern because there is no way to distinguish them from benign ones until they are removed and evaluated.
In addition, typical symptoms may simply be signs of any number of non-life-threatening conditions.
Of these, leiomyosarcoma is particularly aggressive and alarming. Endometrial stromal sarcoma is generally slow growing.
If leiomyosarcoma is left undisturbed and intact in its original location when the patient is diagnosed, the five-year survival rate is roughly 63 percent. If the cancer has been disturbed and spread throughout the abdominal cavity by power morcellators, depending on the severity, the five-year survival rate drops from 36 to 14 percent.
If you have recently undergone a hysterectomy or myomectomy to remove uterine fibroids, you are not alone. Annually, more than 500,000 women may be planning to undergo this type of surgery.
Unfortunately, for a small percentage of women, the complications following such a surgery involving power morcellators can be life threatening.
If you are experiencing severe symptoms or have been diagnosed with uterine sarcoma as a result, you may be entitled to compensation.
DePuy claimed the systems provided more flexibility and greater range of motion than existing devices, as well as offered greater stability and were less prone to dislocation.
Unfortunately, these devices did not live up to their manufacturer’s claims. The industry now recognizes the serious complications associated with metal-on-metal design.
As a result, DePuy recalled some of its devices by the end of 2010. Most recently, in May 2013, DePuy said it would be phasing out production of its all-metal replacement hips.
For a free consultation and more information about your legal options, please contact us today.
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If you are dealing with any of these issues, you may have a defective implant and need to consider your legal options.
Ms. Relkin, whose practice focuses on medical device and pharmaceutical product liability, as well as toxic tort matters, has represented thousands of plaintiffs injured by defective medical products including hip and knee implants, hormonal contraceptives, other drugs, CPAP machines, and vapes.
As a nationally recognized personal injury law firm, Weitz & Luxenberg is committed to helping clients win cases. For almost 40 years, we have dedicated ourselves to holding irresponsible practitioners accountable, and we have won $26 billion for our clients.
We would feel privileged to assist you. For a free consultation and more information about your legal options, please call us at (917) LAWYERS. If you prefer, you can complete our form, and our client relations representative will contact you shortly.
If levels are high, you may experience serious health problems in a short period of time. Typically, however, the levels are low. The concern in these cases involves long-term exposure.
Regulatory agencies recognize that certain building and foundation types may be more prone to chemical vapor hazards. If not resolved, the health risks can be substantial.
Of particular concern is petroleum vapor intrusion (PVI), which can result from leaking underground storage tanks. Chemicals involved in these types of leaks include three main categories: petroleum hydrocarbons, such as benzene, trimethylbenzenes, found in gasoline, and methane.
Have you been exposed to harmful chemicals as a result of vapor intrusion in your home? Contact us today.
Get a Free Case ReviewVapor intrusion may be caused by faulty equipment and other leakages that should not occur. A lawyer can help you determine if someone else has put your health in jeopardy.
As a nationally recognized personal injury law firm, Weitz & Luxenberg is committed to helping clients win cases. For nearly 40 years, we have dedicated ourselves to holding irresponsible practitioners accountable, and we have won $26 billion for our clients.
We would feel privileged to assist you. For a free consultation and more information about your legal options, please call us at (917) LAWYERS. If you prefer, you can complete our form, and our client relations representative will contact you shortly.
The World Health Organization (WHO) defines dioxins as “a family of structurally and chemically related” poisonous compounds. Dioxins are present in the environment worldwide. (2)
Dioxins include:
Dioxins are persistent environmental pollutants — they remain in the environment for years after release. They are especially prevalent in the food we eat. (4)
Human activities are a primary source of dioxin contamination in the environment. These activities include:
WHO notes that dioxins are a byproduct of the following manufacturing processes:
The U.S. Environmental Protection Agency (EPA) says dioxins enter the air from combustion processes, meaning the burning or incineration of waste or fuels. Fuels that produce dioxin emissions include oil, wood, and coal. (9) Toxic emissions released into the air may be transported on air currents miles away from where incineration occurs.
People are usually exposed to dioxins through ingestion or inhalation. Regardless of the source of contamination, dioxin exposure has harmful effects on humans.
Once exposed, dioxins begin to accumulate in the body tissues. Over time this can seriously impact the body’s systems including:
More specific health risks include:
Health risks can depend upon when someone is exposed, as well as the level and duration of the exposure. (14) When dioxins get into you, “they last a long time because of their chemical stability and their ability to be absorbed by fat tissue, where they are then stored in the body. Their half-life in the body is estimated to be 7 to 11 years.” (15)
Individuals who are at greatest risk of suffering health problems from exposure to dioxins include:
Litigations against giant companies who do harm to the environment and communities have been successful. Success takes a team of experienced and knowledgeable attorneys dedicated to their client’s interests.
The Weitz & Luxenberg legal team successfully secured $423 million for those harmed by drinking water contaminated with MTBE. The contamination affected 153 public water systems nationally.
Another case was the BP oil spill in the Gulf of Mexico in 2010. In this case, Weitz & Luxenberg attorneys helped negotiate an $18.7 billion settlement for Gulf Coast communities affected by this disaster. This represents the largest environmental settlement in the history of the United States. Money from the settlement covers economic damages, restoration, and natural resource damages.
Have you been exposed to dioxins as a result of industrial polluters? Contact us now for a free evaluation.
Get a Free Case ReviewCurrent water contamination litigation being handled by Weitz & Luxenberg include cases in Merrimack, New Hampshire, and Hoosick Falls and Petersburgh, New York. In these cases local environments and communities have suffered harm from large corporations whose business practices have been careless or negligent.
The EPA established national emission standards in 2005 for hazardous air pollutants, including dioxins. The standards apply to commercial onsite incinerators, kilns, boilers, and hydrochloric acid production furnaces. The unit of measure used is dioxin/furan (ng TEQ/dscm).
The standard for emissions limits for existing sources is:
The standard for emissions limits for new or reconstructed sources is the same except for:
Dioxin contamination is not limited to air; it gets into water supplies as well.
Communities need to be vigilant about the threat dioxin contamination poses and work together with water suppliers to monitor and control local resources. They need to identify the sources of this contamination and hold the companies responsible for any harm they cause.
“Drinking water can contain dioxins if it has been contaminated by chemical waste from factories, or by other industrial processes,” according to Medical News Today. (20) Contamination can occur when companies discharge chemical wastewater or emissions from manufacturing or processing plants. (21)
Under the Safe Drinking Water Act (SDWA), the EPA established a maximum contamination level for dioxin. The level for dioxin (2,3,7,8-TCDD) in drinking water is 0.00000003 mg/L, and for polychlorinated biphenyls (PCBs) it is 0.0005 mg/L. (22)
The EPA faces criticism with respect to its regulation responsibilities under the SDWA. Some highlight the weaknesses in the EPA’s standard, while others point to lack of enforcement of those standards.
One nonprofit advocacy group for safe drinking water is the Natural Resources Defense Council (NRDC). According to the NRDC report, “many rules need to be made more stringent…numerous deficiencies in other EPA drinking water rules, require strengthening changes for the sake of public health.” (23)
Additionally, NRDC notes that while the EPA sets standards, it often leaves responsibility for enforcement to states. (24)
Manufacturers processing or using hazardous chemicals are required by law to report environmental releases of those chemicals, annually. (25)
A list of reportable chemicals can be found at the Toxic Release Inventory (TSI). (26)
Another helpful tool is the annual Consumer Confidence Reports (CCR). These reports help keep suppliers and their communities aware of local water quality. The EPA requires suppliers to test for contaminants in local water supplies on a regular basis and provide that information to their consumers.
TCE is a volatile liquid, meaning it evaporates at room temperature. It is colorless and has a mild, sweet smell. It is primarily used to make hydrofluorocarbon chemicals like refrigerants and to remove grease from metal parts. It is also used in dry cleaning for spot removal, and in paint removers, adhesives, and consumer cleaning products.
TCE can enter air, soil and groundwater if it is not disposed of properly or leaks into the ground. TCE is considered a carcinogen to humans, and can cause serious, life-threatening complications.
You can be exposed to TCE through contaminated air, water, and food. Exposure occurs through ingestion, inhalation, or skin absorption.
Most exposure in the general population occurs through groundwater contamination. Because TCE is slow to biodegrade, it can stay in the water for a long time. TCE vaporizes easily, so it can enter the air from contaminated water or soil.
A common source of TCE exposure is drinking or bathing in contaminated tap water or inhaling contaminated air. Even if care is taken not to swallow any water, people who shower or bathe in TCE-contaminated water can be exposed through both breathing in vapors and skin absorption.(4)
Another form of TCE exposure is vapor intrusion. This occurs when TCE migrates inside a building from the surrounding soil. Vapor can enter a building through small gaps like utility lines openings and cracks in the foundation.
Have you been exposed to TCE as a result of nearby industrial operations? Contact us now for a free evaluation.
Get a Free Case ReviewResearchers do not believe that TCE occurs naturally in the environment. Most of the TCE in our environment is a result of industrial uses, from the manufacture of TCE to its use as a degreaser for machinery to its disposal.
TCE was extensively used as a degreasing agent on military equipment and has been found in the groundwater surrounding many military bases. In the 1960s, 70s, and 80s, TCE was a crucial part of the production of computer chips and semiconductors, leading to contamination of many sites in Silicon Valley.(5) TCE has also been found in more than 1,000 superfund sites identified by the Environmental Protection Agency (EPA).(6)
Manufacturers and industrial facilities are responsible for storing, transporting, and disposing of their chemicals properly. If their negligence has compromised your community’s water supply, they should be held accountable.
Weitz & Luxenberg is currently accepting lawsuits on behalf of cities, counties, and communities whose water supply has been contaminated by TCE as a result of corporations dumping or improperly transporting this dangerous chemical.
These corporations should pay to clean up the water systems they poisoned. They should also pay for medical monitoring and compensation for any injuries caused by TCE.
If your tap water is contaminated with dangerous levels of TCE, contact your local government and/or water supplier, and tell them it’s time to make polluters pay to clean it up.
Your water is considered polluted if it exceeds the maximum contaminant levels set by the EPA. For trichloroethylene, the maximum level is 0.005 mg/L (5 mg/L) for drinking water.(7) However, the EPA’s goal for TCE contamination levels is 0.(8)
Public water supplies are tested regularly for contaminants. Water suppliers are required to send every customer an annual “Consumer Confidence Report” (CCR). You can search for your most recent CCR at the EPA.
Private wells should be tested frequently, especially if you have small children, elderly people, or pregnant women living in your home. You can learn more about well water testing at the EPA.
Communities near military bases, industrial landfills, computer chip and semiconductor manufacturing plants, and chemical factories are more likely to be contaminated. Trichloroethylene has been found in at least 1,045 of the 1,699 Super Fund sites.(9) You can search for sites near your community using the interactive map at toxicsites.us, which is updated in real-time with data from the EPA.
If you suspect TCE contamination, you can have your water tested by a state certified lab.
For nearly 40 years, attorneys in our law firm, Weitz & Luxenberg, have helped thousands of innocent people wronged by corporate greed and negligence. We have gone up against some of the world’s most powerful corporations, including ExxonMobil, Shell Oil, and Monsanto, to get our clients the justice they deserve.
Everyone deserves safe water and air. Our experienced team of environmental attorneys can help make polluters pay to clean up your water supply and ensure your community has the medical care and monitoring it needs to remedy TCE poisoning.
There have been thousands of oil and chemical spills in the waters in and around the United States, ranging from massive events like the BP Deepwater Horizon explosion to relatively small problems with fuel transfers. (1) The origins of petroleum spills can include sea vessels, drilling rigs, pipelines, terminals, tanker trucks, and service stations.
Petroleum spills often cause widespread damage to the environment; kill wildlife; contaminate the food chain; mar private and commercial property; pollute wells, aquifers, or other public water supplies; devastate coastal communities economically; close fisheries; and hobble tourism. (2)
One of the first major spills happened in 1969 in the Pacific Ocean near Santa Barbara, California, where a massive oil well blowout and the ensuing undersea faults resulted in the release into the environment of as much as 4.2 million gallons of crude oil, which traveled as far to the north as Pismo Beach and to Mexico in the south. (3)
Technology to assess the spill was limited at the time of the Santa Barbara blowout, and responders used a classified CIA U-2 spy plane to take aerial photographs, the first time one of the aircraft had been used for nonmilitary aerial photography. (4)
Are you suffering from health complications after an oil spill? Contact us now for a free evaluation.
Get a Free Case ReviewThat environmental disaster — involving Union Oil’s “Platform A” — led to the creation of the National Environmental Policy Act, the Environmental Protection Agency, and National Marine Sanctuaries system. (5)
Ten years after Santa Barbara, in 1979, a 2-mile-deep exploratory well blew out in the Bay of Campeche in the Gulf of Mexico south of Texas. The drilling platform above the well, which was known as IXTOC I, caught fire and collapsed into the area of the wellhead, making it difficult to control the blowout. The well spilled 10,000 to 30,000 barrels a day until it was capped on March 23, 1980, nearly 10 months after it blew. (6)
And a decade after IXTOC I, the Exxon Valdez tanker ran aground on a reef in Prince William Sound, Alaska, on March 24, 1989, spilling 10.9 million gallons of its 53-million-gallon cargo, ultimately staining more than 1,100 miles of Alaskan coastline. (7) Officials estimate that the spill killed 250,000 seabirds, 2,800 sea otters, 300 harbor seals, 250 bald eagles, 22 killer whales, and billions of salmon and herring eggs. (8)
Even 20 years after the Exxon Valdez, some beaches still had oil contamination from the spill and some species of wildlife had yet to fully recover. (9)
Exxon paid $1 billion in fines and restitution for the disaster and pleaded guilty to a misdemeanor charge of killing migratory waterfowl. The captain of the Valdez, Joseph Hazelwood, went on trial, where he was acquitted of three charges, including operating a vessel while intoxicated. He was convicted of a single misdemeanor charge, the negligent discharge of oil, and sentenced to 1,000 hours of community service and $50,000 restitution. But his conviction was later overturned because of a federal law granting immunity from prosecution to people who report spills. After running aground, Hazelwood had radioed the Coast Guard and said, “Evidently we’re leaking some oil and going to be here for a while.” (10)
The biggest maritime oil spill in U.S. history happened on April 20, 2010, when there was an explosion on the Deepwater Horizon Macondo oil well drilling platform, killing 11 workers. (11) It took 87 days to cap the well, and in that time, it is estimated 3.19 million barrels — more than 130 million gallons — of oil had escaped into the Gulf of Mexico. (12) The spill affected more than 1,000 miles of gulf shoreline and involved more than 33,000 cleanup workers. Research is being done to assess the long-term impact on human health. (13)
To put that quantity of leaked oil in perspective, the entire U.S. — every power plant and automobile and airplane — consumed an average of about 19.63 million barrels of oil per day in 2016, according to the U.S. Energy Information Administration. (14)
In the month or so after the Deepwater Horizon disaster, federal health officials reported seeing 125 patients with conditions including heatstroke, acute respiratory conditions, and skin, eye, and gastrointestinal conditions. (15) At the same time, officials reported spreading anxiety about the spill and its economic impact. State behavioral health agencies braced for an increase in depression, substance abuse, domestic violence, and suicide. (16)
The mental health issues were exacerbated by the fact that the spill happened five years after Hurricane Katrina devastated some of the same areas in Louisiana and Mississippi. (17) Researchers found 12% of people studied in the affected areas experienced symptoms of post-traumatic stress, and 15% showed signs of serious mental illness, compared to national rates of 3% for post-traumatic stress and 6% for serious mental illness. (18)
Two years after the spill, about 20% of the population of two affected fishing communities that experienced lost income was found to be depressed. (19) One of the fishing communities studied, Baldwin County, Alabama, was directly exposed to the spilled oil, while the other, Franklin County, Florida, was indirectly affected, since oil didn’t reach its shoreline. (20)
The spill’s economic effects went beyond fishing and tourism, with restaurants, stores, banks, transportation, and other businesses experiencing losses, and municipalities and school boards losing tax revenues. (21)
Manmade disasters such as this create anger in communities, making it harder to recover emotionally than natural disasters. (22) Community connections are frayed in the face of such anger and as a consequence of distrust that’s caused by different amounts of damage settlements paid out to different people and businesses. (23)
The National Oceanic and Atmospheric Administration also estimated that between $527 million and $859 million were lost in recreational opportunities, including boating, fishing, and beach visits. (25)
Five years after the disaster, BP reached an agreement in principle with the U.S. and five Gulf states to settle civil claims against the company for a total of $18.7 billion. It was the largest environmental settlement in the history of the United States and the largest civil settlement ever with a single entity by the Department of Justice. (26)
When corporations make reckless, sometimes lethal, decisions, the consequences can be, and often are, devastating. No one will ever fully be able to calculate the costs — to lives, livelihoods, wildlife, the economy, and the world in which we live.
In the midst of such great tragedy, such as the BP Oil Spill, we can be thankful for those who step in and step up to help those who are suffering. National law firms such as Weitz & Luxenberg have earned a reputation for responding quickly when disaster strikes.
The BP Oil Spill of 2010 is just one such example. Straight from the get-go, Weitz & Luxenberg attorneys were on the scene and brought claims on behalf of thousands of injured people and businesses to hold BP accountable.
After roughly 6 years of fierce legal action and negotiations, Weitz & Luxenberg attorneys helped secure a $20 billion settlement on behalf of the many businesses, municipalities, and residents harmed by BP’s “grossly negligent” conduct.
Robin Greenwald, head of our Environmental, Toxic Torts, and Consumer Protection Litigation group served as a member of the Plaintiffs’ Steering Committee for the litigation. Other W&L attorneys served on the Medical Benefits Settlement team, negotiating for BP’s commitment to provide compensation and preventive treatments. The Weitz & Luxenberg team also spent time processing claims for compensation for damages resulting from the spill on behalf of fishermen, hotels, restaurants, banks, municipalities, and school boards.
In 2008, the firm achieved another major victory against big oil, securing $423 million on behalf of those harmed by poisoned drinking water. In that instance, U.S. oil companies acknowledged they had contaminated 153 public water systems across the country with methyl tert-butyl ether, MTBE, a toxic gasoline additive. Ms. Greenwald successfully served our firm’s lead counsel, with attorney Will Walsh, and a team of professionals working alongside her in the fight for justice against these polluters.
In fact, time and again, if you look back nearly 40 years, you’ll find Weitz & Luxenberg taking on the giant, seemingly untouchable corporations with a vigor, dedication, and prowess few other firms can match. No matter what the environmental crisis, you can be assured Weitz & Luxenberg will be right in the middle of the fray fighting on behalf of those whose lives have been put in danger through someone else’s negligence and irresponsibility.
The Agency for Toxic Substances & Disease Registry (ATSDR) describes PCE-PERC (also known as perchloroethylene or tetrachloroethylene) as a nonflammable colorless liquid. People exposed to it in high concentrations can get sick and even die.(3)
According to the EPA, this volatile organic compound is manufactured to be used as a solvent. It is primarily used in dry cleaning and degreasing, but is also found in automotive care products, cleaning and furniture care products, lubricants and greases, adhesives and sealants, and paints and coatings.(4) Even inks used by printers can contain PCE-PERC.(5)
There are a number of Industries which regularly utilize PCE-PERC, either in their refining or manufacturing processes, or in the products they produce for consumers.
PCE-PERC was first developed in 1821 with U.S. production peaking in the 1980s. Industrial emissions are the primary mechanism for distributing contamination in the environment. Today, it is present in varying concentrations in air, water, and soil samples.(7)
PCE-PERC contamination is due to industrial and commercial manufacturing or processes.
No matter the way in which the compound gets into the environment, it presents an environmental and health crisis for communities. Local governments may be required to spend a large amount of money to clean up the ill effects caused by PCE -PERC.
The ATSDR reports that PCE-PERC has been “found in at least 949 of the 1,854 National Priorities List sites identified” by the EPA. These sites are among the most hazardous waste sites in the nation.(8)
Yet, these are not all the sites that may be affected. There may be contamination sites which have not yet been detected or established.
Communities near manufacturing and refining plants have an increased risk of exposure to PCE-PERC. It may be present in the local air, water and soil.
Also, people living near dry cleaning establishments are at greater risk for exposure. Finally, those who regularly use consumer products containing the toxic compound may be at risk due to repeated exposure.
Have you been exposed to PCE-PERC as a result of nearby industrial operations? Contact us now for a free evaluation.
Get a Free Case ReviewPCE-PERC enters the human body through contaminated drinking water, air, or skin contact. Exposure can have serious health effects, both in the short-term and long-term. In fact, too much exposure in a short period of time can even result in death.(9) (10)
Because of these health risks, federal and state governments have regulations and laws in place which are meant to protect people against PCE-PERC exposure. Should communities suspect there are or have been any violations of applicable laws or regulations, they should contact their local and state governments to begin testing by certified labs.
The arm of the federal government with regulatory oversight responsibilities for safe water is the EPA.
The EPA has set a maximum contamination level of 0.005 milligrams per liter as the national primary drinking water standard for PCE-PERC.(14)
Additionally, public water supplies are required to undergo regular testing for contaminants. Results of these tests are published in a yearly “Consumer Confidence Report” (CCR). The most recent CCR for your supplier is on file with the EPA and may also be available online. See for more information about CCRs.
Private wells also need to be tested regularly. Information about private well testing is available from the EPA.
Air quality standards have been set by another arm of the federal government, the Occupational Safety and Health Administration (OSHA).
OSHA has set “an 8-hour time weighted average permissible exposure limit of 100 ppm, an acceptable ceiling exposure limit of 200 ppm, and a maximum peak of 300 ppm (not to be exceeded for more than 5 minutes of any 3-hour period)” for PCE-PERC air contamination.(15)
PCE-PERC has a “sharp sweet odor” according to an EPA fact sheet.(16) People can smell it in the air when it is present at least “at a level of 1 part in 1 million parts of air (1 ppm)” according to the ADSTR.(17)
Industrial and commercial companies are responsible for the safe use, storage, transport, and disposal of toxic chemicals from their businesses. If they compromise the safety of your community’s environment or health, they must be held to account.
Many communities across the country have already engaged Weitz & Luxenberg’s team of environmental legal professionals to represent them in their fight for justice. Weitz & Luxenberg represents clients across the country, from those harmed by oil spills in the Gulf of Mexico to those affected by gas leaks in Porter Ranch, California. Many of our clients have suffered water supply contamination including in Hoosick Falls and Petersburgh, New York, and Merrimack, New Hampshire.
In more than 30 years of legal practice, Weitz & Luxenberg has taken on corporate giants and won. We have fought powerful companies like Exxon Mobile, Shell Oil, and Monsanto to see that our clients get the justice they deserve.
We have a record of making corporate polluters pay for the harm they have done to whole communities. If your community has been affected by PCE-PERC, we can help you resolve this legal issue.
