Even when companies are diligently upgrading their products to reduce harm it sometimes seems they don’t have their consumers’ or neighbors’ best interests in mind.
American Synthetic Rubber Company in Louisville has requested a modification of its emissions goals under the Strategic Toxic Air Reduction (STAR) program. They argued that while they have been able to cut the plant’s emissions of the cancer-causing 1,3-butadiene chemical by 90% since 2003, it cannot meet the Air Pollution Control Board’s target.
American Synthetic Rubber is the only one of many chemical plants in Rubbertown unable to reach their STAR goals.
Residents of West Louisville met last Wednesday to voice their concern for the possible policy change in Rubbertown. While members of the Jefferson County Metro Council encouraged the Air Pollution Control Board to enforce the laws already in place residents complained of sickness and even death caused by the pollutants emitted from ASRC.
When a group of individuals is harmfully affected by a corporation’s actions or negligence they may take civil action in order to be compensated for their damages, medical bills, pain and suffering, this is called mass tort.
Our team at McCoy & Hiestand has been involved with numerous mass tort cases such as Bayer Corporation for their birth control pills Yaz, Yasmin, and Ocella that resulted in blood clots, strokes, and heart attacks; as well as the Stryker and DePuy hip replacement suits. Though litigation for these suits is controlled through the multi district litigation process, our attorneys work to help people in Kentucky and surrounding states to participate in the mass tort cases in order to get the money they deserve.
McCoy and Hiestand is currently working to help individuals suffering from the negative effects of talcum powder.
A mass tort case is similar to a class action lawsuit in that they’re designed to cut down the number of cases presented when many people are harmed by the same problem. Most people have heard of class action lawsuits from television commercials and though the types of cases are similar there are a few important differences.
With mass torts, each plaintiff is treated as an individual even though they are part of a large group. That means certain facts need to be established for each plaintiff, including anything specific to that plaintiff and how that person has been damaged by the actions of defendant.
On the other hand, in a class action the large group of plaintiffs, known collectively as the class, are represented by a class representative, who stands in for the rest of the class. This means all members of the class are treated as one plaintiff, not separately.
Another community meeting will be held before a decision is made regarding the level of harmful chemicals allowed to be released by American Synthetic Rubber Company.
If you or someone you know has been negatively affected by a company’s actions or negligence don’t hesitate to contact our experienced attorneys at McCoy & Hiestand. We’re here to make things right for you.