Kansas City Toxic Tort Lawyers
We Fight for Victims of Toxic Exposure
Exposure to harmful or toxic substances, also known as “toxic exposure,” can lead to severe physical injuries and financial losses, as well as debilitating mental and psychological harm. Often, these incidents occur as a result of largescale negligence or misconduct by manufacturers, corporations, and other entities. When this is the case, victims have the right to sue for damages.
If you or someone you love was harmed by toxic exposure, reach out to Potts Law Firm in Kansas City, MO. Our experienced attorneys represent clients in all types of toxic torts, or civil claims involving injuries caused by toxic exposure. We have a long history of successfully holding large, powerful entities accountable for the widespread harm they cause—and we are ready to fight for you.
Give us a call at (816) 312-5125 for a free consultation or contact us online using our secure request form. Hablamos español.
The Effects of Toxic Exposure
Being exposed to harmful materials, chemicals, and substances can result in serious, even life-altering harm. Depending on the type of toxic substance an individual is exposed to, they may sustain severe injuries or develop a debilitating medical condition. This can significantly impact their health, financial security, and overall quality of life.
Some of the most common immediate and long-term effects of toxic exposure include:
- Injuries, such as chemical burns
- Diseases, including cancer, respiratory illness, and more
- Mental, emotional, or psychological distress
- Financial loss, including expensive medical care costs
- Reduced or lost earning capacity due to permanent injury or serious illness
- Loss of income, wages, and employment benefits
- Loss of future earnings due to reduced or lost earning capacity
- Additional out-of-pocket expenses associated with ongoing treatment and care
At Potts Law Firm, we recognize just how significant an impact toxic exposure can have on the lives of victims and their loved ones. Our Kansas City toxic tort attorneys work hard to devise innovative legal strategies aimed at maximizing their clients’ recoveries. We want to make sure you recover every penny you are owed so that you can successfully navigate the healing process and get back on your feet.
What Is a Toxic Tort?
The word “tort” is a legal term that refers to civil liability arising from wrongful or negligent conduct, as well as rights infringements. Any lawsuit that arises from negligence, wrongful acts, illegal conduct, or violations of someone’s rights falls under tort law. A toxic tort, therefore, is a tortious claim involving injury or harm caused by exposure to a toxic substance.
Toxic torts commonly involve exposure to the following types of harmful substances:
- Polychlorinated biphenyls (PCBs)
- Household cleaners
- Pharmaceutical drugs
Toxic torts include both single-plaintiff litigation, in which one person or party (known as the plaintiff) seeks damages for harm caused by another person or party’s negligent or wrongful conduct, as well as mass litigation, in which multiple plaintiffs take part in seeking damages. Mass litigation includes both class actions and mass torts. In a class action, all participating parties seek a single set of damages, with the settlement or verdict being divided among the various participating parties. In a mass tort, people may join mass litigation but seek individual settlements or verdicts based on their specific damages.
How to Prove a Toxic Tort
As the plaintiff, you have the burden of proof in your toxic tort. This simply means that you (along with your legal counsel) are the one responsible for proving your claim.
To prove a toxic tort, you must typically prove each of the following:
- You were injured, either physically or psychologically
- Your injuries led to measurable damages, or economic and noneconomic losses, for which you can be compensated
- The person or party against whom you are bringing the claim, known as the “defendant,” owed you a duty of care
- The defendant breached or failed to uphold the duty of care, either by acting negligently, wrongfully, or in violation of your rights
- The defendant’s failure to uphold the duty of care was the proximate cause of your injuries
Our team works with industry experts and renowned specialists to obtain valuable evidence and testimony in support of your claim. We utilize our vast resources to build powerful cases aimed at securing the full, fair compensation our clients are owed.
Contact us online or by phone at (816) 312-5125 to learn how we can help you with your toxic tort. Your initial consultation is completely free and entirely confidential.
I had a wonderful experience with this law firm.- Stephen P.
I wouldn’t hesitate to recommend him or any of the team at Potts.- Theo C.
The Potts Law Firm is a powerhouse of brilliant attorneys.- Molly H.
I would recommend Potts Law Firm for any and all legal matters that come my way in the future!- W. Gary
Great law firm!- Hugo G.
Transvaginal Mesh Settlements Over $1 Billion
The Potts Law Firm and its joint venture partners have been successful in resolving over $1 billion in transvaginal mesh settlements. Derek H. Potts was one of a handful of plaintiffs’ lawyers from around the country who spearheaded the establishment of what would become the largest medical device MDL consolidations in history.
Kugel Mesh Hernia Patch $184 Million
Derek H. Potts was a member of the Kugel Mesh MDL Plaintiffs Steering Committee which was instrumental in obtaining a $184,000,000 global settlement for several thousand persons who had received the Kugel Mesh hernia patch.
ERISA Class Action Settlement $36 Million
Potts Law Firm served as class counsel in the ERISA class action, Diebold, et al. v. Northern Trust Investments, N.A. et al., 09-Civ-1934 (Diebold), in the United States District Court for the Northern District of Illinois where the Court approved a collective settlement of $36 million dollars for class representatives resulting in millions of dollars returned to investors.
Paraplegic Minor $12 Million
Derek H. Potts and Timothy L. Sifers obtained a $12,100,000 verdict against Lisa Gard, M.D. for medical malpractice involving a minor. The jury found the Salina emergency room doctor to be negligent in her assessment of the minor upon presentation in the emergency room, failing to timely diagnose a rare spinal condition. The case was one of the largest verdicts in history in the State of Kansas.
Fraud Against Lender $10.7 Million
Potts Law Firm represented a United States Bankruptcy Trustee. The case stemmed from the massive bankruptcy of Royce Homes, one of the largest homebuilders in the country. Micah and Chris represented the bankruptcy Trustee against a multitude of defendants, including the chief Lender, for claims related to the homebuilder’s downfall and the fraudulent transfer of assets from the rightful owners, the creditors.
Birth Injury $4.6 Million
Derek H. Potts and Samuel Cullan were members of the plaintiff's trial team which obtained a $4,600,000 verdict for a minor delivered at Bethany Medical Center. Ariana Wilburn, the minor, suffered a spinal cord presentation after being born in the breech position.
Hypoxic-Ischemic Birth Injury $3.5 Million
Potts Law Firm secured a $3,500,000 settlement for a single mother whose infant suffered severe brain damage while being delivered in a New Mexico hospital. The mother, having no previous pregnancy or medical issues, began laboring and immediately went to a hospital. Despite the clear signs of fetal distress and hypoxia (lack of oxygen), the doctor and nurse did not order an emergency cesarean section.
Fraudulent Transfers $2.42 Million
Potts Law Firm represented a Bankruptcy Trustee, resulting in a combined $2.42 million being recovered for creditors of ATP Oil & Gas Company. The claims related to fraudulent transfers of overriding royalty interests in oil & gas properties made by ATP in a failed attempt to liquidate the assets of the company.
Catastrophic Injuries $3.5 Million
Derek H. Potts was co-lead counsel with Thomas Cartmell in representing John Novogradac of Kansas City whose health was neglected during his stay at two nursing home facilities. Mr. Novogradac developed bedsores on his body and had above-knee amputations on both legs after his wounds became severely infected with gangrenous and dead tissue.
Pharmaceutical Birth Defect $1.05 Million
Potts Law Firm secured a $1,050,000 settlement for a mother whose infant suffered birth defects from a pharmaceutical drug that was taken during pregnancy. Though the migraine drug manufacturer knew the medication could cause a fetus to develop a cleft lip and/or cleft palate when consumed by the mother during the early stages of pregnancy, they failed to warn consumers about these dangers.