TOXIC TORT, CURRENT EVENTS, UPCOMING LITIGATION

In this blog, I’ll be discussing toxic tort, one of the seven types of cases Barber Medical Legal Nurse Consulting, LLC can assist plaintiff and defense attorneys with.  The medical knowledge, combined with the ability to review large volumes of records and integrate learned knowledge into case analysis, assists clients with successful outcomes.

MOVE TO FEDERALLY REGULATE PFAS (“FOREVER CHEMICALS”)

On October 18, 2021 the Washington Post published an article announcing that the Biden administration will be moving to Federally regulate PFAS (“forever chemicals”).  These long-lasting, human-made chemicals pose many environmental and health risks.  These “forever chemicals” remain unregulated by the federal government.

The State of New Jersey was the first state to publish drinking water standards for Perfluorooctanoic acid (PFOA) and Perfluorooctane sulfonic acid (PFOS) (both collectively known as PFASs) in 2020 in the absence of federal regulations.  The State of New York adopted drinking water standards that went into effect in 2019. 

APPLICATION AND HEALTH CONSEQUENCES 

“Forever chemicals,” continue to be used in an array of products such as cosmetics, dental floss, food packaging, clothing and cleaning supplies.

According to the U.S. Department of Health and Human Services, Toxicological Profile for Perfluoroalkyls, PFAS has a long half-life in the human body causing bio-accumulation.  PFOA and PFAS are resistant to degradation by natural processes such as metabolism and are persistent in the environment because of their durability.  Over a period of time, the chemicals make their way into soil, water, food and even blood, potentially harming public health.   

Multiple peer reviewed studies demonstrate that exposure to PFAS at certain levels can lead to infertility risks, thyroid disease, certain types of cancers, gestational hypertension, and developmental problems in children.

CONSEQUENCES OF FEDERAL REGULATION

 Once mandatory Federal standards come into effect, it is believed that local water utilities will face penalties if they fail to meet them.  Additionally, if the Environmental Protection Agency (EPA) classifies some of the PFAS chemicals as hazardous, this would strengthen the ability to hold polluters accountable.

Click on the link below to view the article from the Washington Post:

https://www.washingtonpost.com/climate-environment/2021/10/18/epa-regulate-forever-chemicals-pfas/

Click on the link below to view content from the U.S. Dept. of Health and Human Services, Toxicological Profile for Perfluoroalkyls:

https://www.atsdr.cdc.gov/toxprofiles/tp200.pdf

P.S. Comment and Share your experience with toxic tort cases, or PFAS