International Unsafe Drugs & Environmental Health Threats Cases
Cohen Milstein has two decades of experience representing plaintiffs injured by unsafe drugs, medical devices and environmental health threats, and have won landmark victories in cases involving childhood lead poisoning, toxic property contamination, the Alaskan Exxon Valdez oil spill and unsafe pharmaceuticals such as the diet drug Fen-Phen.
With the globalization of industry and unsafe corporate practices in recent years, Cohen Milstein has been invited by foreign citizen consumers, environmental groups and attorneys to apply this expertise to public health problems abroad. Cohen Milstein is now litigating the claims of foreign plaintiffs in U.S. courts for unsafe drugs such as Vioxx and environmental dangers such as contamination in Bhopal, India. In addition, Cohen Milstein has been invited to participate in suits brought in foreign courts such as the silicosis litigation in South Africa.
Cohen Milstein’s pioneering work around the world includes the following highlights:
Bhopal, India - Union Carbide’s Legacy of Toxic Contamination: Twenty years ago, 40 tons of methyl isocyanate gas escaped from a pesticide factory owned by Union Carbide in Bhopal, India. It was one of the worst industrial accidents in history, immediately causing the deaths of over 4,000 people and subsequently 14,000 more. On top of the enormous death toll, more than 200,000 people were injured by exposure, including many who were blinded or left with severe respiratory problems caused by the poisonous gas. While Union Carbide and its subsidiary, Union Carbide of India Limited, agreed to a $470 million settlement in India, few victims or survivors have benefited from this money. Furthermore, Union Carbide has abandoned the site, leaving behind a massive legacy of uncontrolled toxic waste that has injured local residents, contaminated the water supply, and damaged property. Cohen Milstein represents a class of Indian residents who have suffered from groundwater pollution as a result of the 1984 Union Carbide gas leak’s uncontrolled toxic waste remnants.
South Africa Silicosis: Cohen, Milstein is working with South African affiliate Richard Spoor on precedent-setting litigation on behalf of South African gold miners who have suffered a disabling lung disease called silicosis. The cases have been filed in South African courts alleging that the workers suffered uncontrolled exposures to silica dust in mining operations managed by Anglo American Corp. The litigation is designed to establish the workers’ rights to compensation under the South African Constitution and various statutory compensation schemes, as well as to establish a medical monitoring program to benefit the workers. It has been estimated that one in four South African gold miners suffer from this disabling disease. The first "test case" was filed in 2007.
South Africa Land Rights: In 2007, Cohen Milstein affiliate Richard Spoor filed a case in the High Court of Pretoria against Anglo Platinum, Potgietersrust Platinum mine and nine other defendants to prevent the imminent relocation of 10,000 residents of the Mohlohlo community in Limpopo province who believe they have not been properly compensated for their tribal land. Cohen Milstein has been assisting Richard Spoor’s novel and important efforts to pursue the historical land rights for indigenous people against mining companies through legal and other means.
Silzone Heart Valves EU: Cohen Milstein and other firms currently represent approximately 17,000 persons from 16 European nations implanted with silver-coated mechanical heart valves (known as Silzone® valves) manufactured by St. Jude Medical, Inc. in a class action medical monitoring suit filed in Minnesota. In January 2000, St. Jude removed the Silzone® valve from the market for safety reasons after it was implicated in reports of serious and sometimes life-threatening adverse events, including paravalvular leaks, thromboembolic events, and explants. Cohen Milstein’s European claimants are seeking damages under the European Union Product Liability Directive in addition to Minnesota law.
For more information, please contact us at lawinfo@cmht.com or directly contact Richard Lewis at 202-408-4600 (rlewis@cmht.com).
