Overview

Our Mass and Toxic Tort Litigation Group has extensive experience in organizing, preparing, and executing all aspects of mass and toxic tort defense, and through this experience have developed best practices for managing mass and toxic tort litigation in the manner most cost efficient for our clients. Protecting our clients and minimizing their risk are areas in which we excel.

Thompson Hine is well-positioned to be the go-to law firm for assistance with mass and toxic tort matters. Our unique blend of deep product liability and mass and toxic tort experience, combined with our sharp focus on client service excellence, offers our clients an important opportunity to minimize their risks and defend their companies and products.

We can help you prepare for both existing regulation and its litigation-related ramifications, keep you informed of the regulation on the horizon, and counsel you on how to minimize your risks.

Experience
Representative Experience

Below is additional information regarding our experience with plastics and the chemical industry as well as other mass and toxic tort litigation experience including phthalate litigation.

  • Plastics and Chemical Industry Experience: Our lawyers have a long history representing manufacturers in the plastics and chemical industries throughout the United States and abroad. We invest our time to understand each client’s business and the issues they face in their industries.
  • Vinyl Chloride: Thompson Hine serves as national counsel for many of the largest chemical companies and the industry trade association in a significant number of wrongful death claims involving exposure to vinyl chloride; involvement in more than 75 cases nationwide, including class action claims.
  • Plastic Compounds: Our lawyers have defended manufacturers of plastic compounds against product liability and commercial claims relating to plastic compound used to manufacture a variety of finished products. We defended a plastic formulator in a multi-jurisdiction dispute pertaining to the formulation for water-heater dip-tubes involving 16,000,000 residential water heaters. We defended a plastic compounder in a dispute arising from alleged defects in a population of 1.4 million toilet tank components.
  • Pigments and Paints: We have defended a manufacturer of color pigment for use in fire suppression equipment, and a manufacturer of specialty paint against allegations of bacteria contamination.
  • Medical Plastic: Thompson Hine has represented manufacturers of plastic component medical devices, hydroxyappetite cement, and silicone and saline breast implants. We served as national counsel for a latex glove distributor in multi-district litigation involving hundreds of lawsuits throughout the country wherein plaintiffs—nurses and medical professionals—alleged that the latex gloves caused them life- and career-altering allergies.
  • Vinyl building materials: Our firm represented a manufacturer of vinyl interior wall finishes in mold related property damage and business interruption claims arising from the construction and renovation of hotels and nursing facility.
  • Adhesives: We have counseled a manufacturer of adhesives on product literature, testing, protocols, contracts, warnings, and litigation prevention.
  • Consumer Care Products: Thompson Hine successfully defeated a putative class action against consumer care products manufacturer in which the plaintiffs sought certification of a nationwide class of over 5,700 members who alleged that they were injured by a dust mite powder and spray manufactured by the company.
Mass and Toxic Tort Litigation Experience
 
Thompson Hine has helped numerous clients navigate through the complex legal issues accompanying mass and toxic tort claims. We serve as counsel for Fortune 500 companies in significant mass tort and multi-district litigation matters throughout the United States.

  • Hormone Replacement Therapy (HRT): We serve as national counsel for a major pharmaceutical company in all aspects of its HRT litigation in more than 4,000 actions nationwide.
  • Diacetyl: We serve as regional counsel in approximately 600 actions involving claims related to butter flavoring.
  • Lead Paint: We served as Ohio counsel to a former lead pigment manufacturer in actions brought by the State and several municipalities.
  • Benzene: We have defended numerous maritime and industrial clients in cases involving benzene exposure.
  • Mold: We have defended a variety of designers and manufacturers of buildings and building products in numerous actions involving allegations of harm due to mold exposure.
  • Legionella: We defended a leading automotive company in matters involving death claims from Legionnaires’ disease.
  • Welding Rod Fumes: We serve as counsel for a manufacturer in defense of hundreds of claims alleging injury to welders and welders’ helpers due to exposure to welding rod fumes.
  • Silica: We serve as regional counsel in more than 1,800 silica cases.
  • Asbestos: We serve as counsel for more than 100 ship-owners in approximately 40,000 maritime asbestos cases, and as national counsel for a major materials building company in tens of thousands of personal injury asbestos cases.
  • Pharmaceutical: We represented a diet drug manufacturer in multi-district litigation in hundreds of cases wherein plaintiffs alleged heart valve damage and primary pulmonary hypertension. We have defended claims related to the following medications: Methylphenidate, Reglan, Phenergan, Miochol, products containing Ephedra, lisinopril, PhosphoSoda, Hismanal, products containing lidocaine, Integrilin, Abilify, and many others.

Representative Matters

  • Serve as national counsel for a major pharmaceutical company in all aspects of its HRT litigation.
  • Defend numerous maritime and industrial clients in cases involving benzene exposure.
  • Serve as consulting counsel to other firms on defense of benzene cases.
  • Serve as national counsel for many of the largest chemical companies and the industry trade association in a significant number of wrongful death claims involving vinyl chloride.
  • Serve as local counsel in approximately 600 cases for an international flavors company in defense of claims alleging lung injury due to exposure to butter flavoring.
  • Serve as local counsel to former lead pigment manufacturer in cases brought by the state attorney general and nine municipalities alleging public nuisance and seeking abatement and compensating damages in lead paint cases..
  • Defend a variety of cases for HVAC designers, manufacturers, and lenders against allegations of harm due to exposure to mold or claims of sick building syndrome.
  • Consult on regulatory matters and provide guidance on employee communications and remediation recommendations involving mold.
  • Defended a leading global automotive company in matters involving death claims from Legionnaires' disease.
  • Serve as counsel for a major U.S. manufacturer in defense of hundreds of claims alleging injury to welders and welders' helpers due to exposure to welding rod fumes.
  • Serve as local counsel in more than 1,800 silica cases and as co-counsel in other jurisdictions.
  • Member of the core group of firms leading the defense strategy in Ohio, one of the most active jurisdictions for silica-related litigation.
  • Serve as counsel for more than 100 shipowners in approximately 40,000 maritime asbestos cases filed on behalf of merchant seamen, longshoremen, and other maritime workers.
  • Serve as national counsel for a major materials building company in tens of thousands of personal injury asbestos cases and more than 100 property damage cases.
  • Represent a major polymer manufacturer in a putative class action comprising underground miners from seven states involving isocyanate.