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The Medical Monitoring Tort Remedy: Advanced Level

August 29th, 2024|Categories: Class Actions, CLE OnDemand, Environmental Torts, Mass Torts|Tags: , , , , |

The medical monitoring tort remedy – allowing for medical monitoring without physical injury – is recognized in 14 states and not allowed in 23. The law is divided in two states while the rest have not specifically addressed the issue. States that allow medical monitoring to do so when a group of claimants is at increased risk of disease or injury due to exposure to a known hazardous substance or a dangerous product as the result of a defendant’s conduct. Under this tort remedy, claimants are tested periodically, for an agreed or decided period, usually between 10 and 40 years. In this CLE webinar, Gentle Turner & Benson LLC attorneys Edgar (“Ed”) C. Gentle III and Katherine (“Kip”) A. Benson discuss the evolution of the medical monitoring tort, related cases, tests to determine whether the tort should be applied, types of monitoring, and the arguments for an against medical monitoring.

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The Medical Monitoring Tort Remedy

June 4th, 2024|Categories: Class Actions, CLE OnDemand, Complex Business Litigation, Mass Torts|Tags: , , , , , |

The medical monitoring tort remedy – allowing for medical monitoring without physical injury – is recognized in 14 states and not allowed in 23. The law is divided in two states while the rest have not specifically addressed the issue. States that allow medical monitoring to do so when a group of claimants is at increased risk of disease or injury due to exposure to a known hazardous substance or a dangerous product as the result of a defendant’s conduct. Under this tort remedy, claimants are tested periodically, for an agreed or decided period, usually between 10 and 40 years. In this CLE webinar, Gentle Turner & Benson LLC attorneys Edgar (“Ed”) C. Gentle III and Katherine (“Kip”) A. Benson discuss the evolution of the medical monitoring tort, related cases, tests to determine whether the tort should be applied, types of monitoring, and the arguments for an against medical monitoring.

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Massive Mass Tort Settlements and Liability Forecasting

February 1st, 2024|Categories: Complex Business Litigation, ELP, Environmental Torts, Mass Torts|Tags: , , , , , , |

In this episode, we discuss Liability Forecasting and the role it plays in the administration of massive, sometimes multi-billion-dollar mass tort settlement trusts with guests Mark Eveland and Ed Silverman of Verus LLC, which provides litigation support services to law firms working on mass torts, such as case management and medical review services, settlement administration, business and advisory services, and analytics. Liability forecasting mechanisms were built to fairly and judiciously compensate current and future claimants for their injuries. Listen and learn more!

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Progress of Roundup Settlement in Question, Verus Reports

September 2nd, 2020|Categories: Class Actions, Complex Business Litigation, Environmental Torts, HB Tort Notes, Mass Torts|Tags: , , , , , |

Manager of Research Services Verus LLC klavin@verusllc.com 609-466-0427 Progress of Roundup Settlement in Question Judge Would Likely Not Have Agreed to a Stay Had He Known About the Contingency On August 27, plaintiffs’ counsel in the multi-district litigation involving Monsanto and its widely used weed killer Roundup, advised the court that parent company Bayer AG appeared to be going back on the settlement agreement announced in June. At that time, the company had agreed to settle about 75% of the 125,000 claims filed by plaintiffs alleging that their non-Hodgkin’s lymphoma was linked to Roundup use; the settlement was for an estimated $10 billion. At the hearing, Judge Vince Chhabria advised that he had received confidential letters from a number of plaintiffs’ counsel with cases pending in the MDL who were concerned that Bayer AG was going back on the settlement, noting that the company had terminated settlement term sheets and refused to execute master service agreements that would finalize their settlements; Bayer conceded that there were currently no final agreements. Bayer did advise Judge Chhabria that about 667 of the cases currently pending in the MDL had been resolved, a figure that the judge noted was only a fraction of the 4,000 currently filed.  The judge also pointed to Bayer’s June 24 announcement of the settlement, [...]

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PFOA: Science & Litigation | 11/15/2018

October 21st, 2018|Categories: CLE OnDemand, Complex Business Litigation, Environmental Torts, HB Tort Notes|Tags: , |

[one-third-first] DATE: Nov. 15, 2018 TIME: 2 p.m. EDT; 1 p.m. CDT; 12 p.m. MDT; 11 a.m. PDT PLACE: Your computer or mobile device PRICE: $197* per dial-in site *Price is good through Oct. 31. After that it's $247. GROUPS ARE GOOD: Registering qualifies you to multiple attendees at your location. CLE: 1 credit Please send CLE questions to CLE@LitigationConferences.com speakers Michael Dourson, Ph.D., DABT, FATS, FSRA Director of Science Toxicology Excellence for Risk Assessment (TERA) Register now and get: Access for multiple colleagues at your location. Practical insights from a board-certified toxicologist. A through and informative PowerPoint presentation for later reference. Answers to your questions via live chat. CLE credit. And more! [/one-third-first] [two-thirds] PFOA Toxicology: What's a Safe Level for the Environment? What toxic tort and environmental attorneys need to know about this ubiquitous compound.  Perfluorooctanoic acid (PFOA) has been described as more toxic than methyl mercury. Yet not all organizations tasked with developing safe-dose levels agree on the best approach for PFOA, resulting in recommended levels that are more than 100-times apart. Differences in these recommended safe-dose levels result in cleanup costs that vary by billions of dollars. Background Environmental contamination with PFOA has been known for some time. In the early 2000s safe doses in drinking water were considered to be in the range of 30-to-50 parts per billion.  Recent safe-dose assessments by EPA, [...]

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