Toxic Tort Science / Expert Witnessing / Toxicology / Epidemiology / Chemicals / Molds / Exposure / Health Risk / Causation
801 Confidence Drive Unit 20 Longmont, CO 80504 303.485.8305 ToxicTortScience@comcast.net |
Professional SocietiesSOCIETY FOR RISK ANALYSIS (SRA): Founder and first elected Chair of the Specialty Group on Risk Science and Law. The Group organized to advance the role of risk science and policy in statutes, regulations, judicial review, and toxic tort litigation. Served on the Executive Committee and as Editor of the Online CaseBook: Risk-Based Case Law Analysis and Legal Commentary. The Specialty Group explores the interface between scientific and legal standards for evidence of inferred disease causation or increased health risk. It joins lawyers and scientists with a common interest in using environmental health risk sciences, including epidemiology and toxicology, to ascertain toxic exposure, dose, and probable health effects.
Professional ExperienceSpecialized in assessing human health risks from exposure to toxic chemicals and pathogens in outdoor and indoor environments. Applies epidemiological and toxicological research findings to community and occupational health problems. Analyzes exposure to carcinogenic, teratogenic, mutagenic, and otherwise pathogenic substances and toxic waste. Work includes analyzing environmental health standards and criteria, the transport and fate of chemicals and radionuclides in all environmental media, and the resulting exposure and toxicity to human populations. Examined alternatives for reducing adverse health effects from handling, processing, cleaning up and disposing of hazardous materials and toxic waste. Provided quality assurance and peer review of health risk assessments for the Y-12 Plant, an active federal nuclear processing facility in Tennessee. As senior health risk consultant to ICF Kaiser Engineers, provided toxic chemical exposure assessments and peer review of health risk assessments performed by Department of Energy contractors for the Rocky Flats Environmental Technology Site in Colorado. Provides litigation support to law firms as a nontestifying consultant or as an expert witness in state and federal courts. Cases located in 25 states in the Mountain West, Mid-West and Plains, and in the South. Multiple cases in Colorado and Florida. [FOR CASE DETAILS SEE "LITIGATION OF TOXIC TORT AND ENVIRONMENTAL LAWSUITS" UNDER "AREAS OF EXPERTISE"]. TOXIC AGENT EXPERIENCE
TOXIC TORT CASE REPORTS Roth-Nelson, Wayne. 2009. Opinion and Basis: Mount Canaan Church v. Kerr-McGee Refining Corporation, et al. Subchronic indoor inhalation exposure of children and elderly to gasoline additives, trimethyl benzenes in particular, that resulted from soil vapor intrusion linked to a ground-water plume originating at a bulk storage tank farm. Toxic Tort Science / Law Firm of Wiggins, Childs, Quinn & Pantazis (Birmingham, AL). Roth-Nelson, Wayne. 2009. Opinion on Chemical Exposure and Causation. In the case of Galy v. Wyoming Workers Compensation Division, a worker handling cooling tower water treatment chemicals, powdered sodium hydroxide in particular, incurred periodic inhalation exposure plus incidental ingestion and dermal absorption. Toxic Tort Science / Law Firm of Clapp & Associates (Casper, WY). Roth-Nelson, Wayne. 2009. Health risk opinions in the case of Satterlee v. City of Pullman. A child residing at the boundary of a public park was chronically, then subacutely exposed to sprayed toxic herbicides, including neurotoxicants. Toxic Tort Science / Law Firm of Gordon, Edmunds & Elder (Bellevue, WA). Roth-Nelson, Wayne. 2008. Opinion in the case of Gamrddt v. Defense Technology on comparative inhalation toxicity of a civilian pyrotechnic smoke grenade using potassium perchlorate and a military-style smoke grenade using zinc chloride within a confined indoor space. Toxic Tort Science / The Trenti Law Firm (Virginia, MN). Roth-Nelson, Wayne. 2008. Lead Exposure Assessment: Lead-Based Paint Removal at Officers Barracks, Warren Air Force Base. In the case of Gonzales Custom Painting, Inc., v. TolTest, Inc., et al., painters refinishing doors and windows using power and hand sanding were overexposed to wood dust containing lead leached beneath the stripped coating. Toxic Tort Science / Law Firm of Moye/White (Denver, CO). Roth-Nelson, Wayne. 2008. Historical research findings in evidence of AML (leukemia) causation in the case of Russell et al. v. Ashland et al. Combined with poor ventilation, induction of AML resulted from long-term inhalation and dermal exposure to rubber solvents and cements in an Arkansas tire factory. Toxic Tort Science / Law Firm of Gray, Ritter & Graham (St. Louis, MO). Roth-Nelson, Wayne. 2008. Opinion and basis: Evidence of health risk and causation. In the case of Raynard et al. v. Parsons Investments, office workers were exposed to breathable volatile organic contaminants at harmful levels from an imbalanced ventilation system and toxic fumes from a nearby steel foundry. Toxic Tort Science / MacGillivray Law Office (New Glasgow, NS). Roth-Nelson, Wayne. 2007. Opinion and evidentiary basis to support a substantial respiratory health risk making a residence unsafe and uninhabitable from indoor infestation of hydrophilic, allergenic and toxigenic molds, in the case of Kaplan v. Fairways at Boca Golf & Tennis Association, et al. Toxic Tort Science / Law Firm of Barry Silver (Boca Raton, FL). Roth-Nelson, Wayne. 2007. Evidence in support of causation: exposure and hazard assessment; health effects and risk assessment. Ocular chemical burns from nitrogen chloride exposure at an indoor swimming pool in the case of Webb v. Odyssey Diving. Toxic Tort Science / Law Firm of Clifford Beem & Associates (Denver, CO). Roth-Nelson, Wayne. 2007. Community air monitoring downwind from Clovis Ethanol Plant: hazardous air pollutants; criteria air pollutants; background air quality; local meteorology. Toxic Tort Science / Citizens for the Right Choice (Clovis, NM). Roth-Nelson, Wayne. 2006. Exposure assessment and evidence of symptoms and clinical diagnoses associated with airborne and surface mold contamination of an apartment building in the case of Robinson et al. v. Montgomery Housing Partnership et al.. Toxic Tort Science / Rotbert Law Group (Rockville, MD). Roth-Nelson, Wayne. 2006. Evidence supporting liver cancer causation in Musgrave, et al. v. ALCOA, Inc. et al. from inhalation and dermal exposure to coal tar pitch wastes from aluminum production mixed into surface coal mine spoil. Toxic Tort Science / Law Firm of VanStone & Kornblum (Evansville, IN). Roth-Nelson, Wayne. 2006. Opinion and basis regarding causal factors in an accidental acute exposure to caustic soda by oral ingestion in the case of Shawna Yaussi v. Intra West and Winter Park Restaurant Corp. Toxic Tort Science / Law Firm of Coppola & Marlin (Denver, CO). Roth-Nelson, Wayne. 2005. Analysis of microbiological laboratory mold samples for a health risk assessment in Sechler v. Nationwide. Toxic Tort Science / Law Firm of Nowak & Neyman (Hernando, MS). Roth-Nelson, Wayne. 2005. Health risk assessment of indoor air contaminated by vapor intrusion of trimethylbenzenes, MTBE and other petroleum hydrocarbons in a ground water plume released from an abandoned gasoline refinery in the case of Mount Canaan Church v. Kerr-McGee Refining Corp., et al. Toxic Tort Science / Law Firm of Vines & Waldrep (Birmingham, AL). Roth-Nelson, Wayne. 2005. Basis for an opinion on health risk and disease causation associated with office workers' exposure to airborne molds amplified from water intrusion and HVAC deficiences in the "sick building" case of Boone, et al. v. DHHR, et al. Toxic Tort Science / Law Firm of James F. Humphreys & Assoc. (Charleston, WV). Roth-Nelson, Wayne, and Kathey Verdeal. 2004. Exposure and health risk assessment in Smith v. Schlage Lock, et al. concerning liver cancer causation linked to public drinking water containing PCE (perchloroethylene). Roth-Nelson Risk Science / Toxicology Consulting, Inc. / Law Firm of Hanes & Schutz (Colorado Springs, CO). Roth-Nelson, Wayne. 2004. Synopsis of evidence for a mediation hearing on mold contamination in an office building and health symptoms or complaints linked to inhalation exposure. Robinson v. Dominion Transmission, Inc., et al. Roth-Nelson Risk Science / The Calwell Practice (Morgantown, WV). Roth-Nelson, Wayne, and Lindsay Breyer. 2003. Report on classification and compliance of measured acrylic polyurethane and diisocyanate paint fumes and other volatile organic compounds (VOCs), HVAC performance, and health risk with acute inhalation exposure of an office worker. Branella et al. v. Walt Disney World Hospitality & Recreation. Roth-Nelson Risk Science / Walsh Environmental Scientists / Law Firm of Cabaniss, Smith, Toole & Wiggins (Orlando, FL). Roth-Nelson, Wayne. 2003. Report on carbon monoxide build-up in closed attached garage and transfer into a bedroom from prolonged idling of garaged vehicle. Acute inhalation exposure reconstructed from tracer gas testing to confirm a fatal level of carboxyhemoglobin. Chas Roberts Air Conditioning et al. adv. Maud et al. Roth-Nelson Risk Science / Arcadis / Law Firm of Koeller, Nebeker, Carlson & Haluck (Phoenix, AZ). Roth-Nelson, Wayne. 2003. Opinion on cancer and noncancer health risks from low-level diesel fuel in drinking water in Moug v. Mersdorf based on the biomarkers of benzo(a)pyrene and phenol. Roth-Nelson Risk Science / Law Office of George L. Derr (Eugene, OR). Roth-Nelson, Wayne. 2003. Report in the matter of Steven Mead before the Medical Commission, State of Wyoming Workers' Compensation Division, regarding induction of non-Hodgkins lymphoma (NHL) from subchronic inhalation of gaseous arsenic (arsine) resulting in hemolytic anemia. Roth-Nelson Risk Science / Law Firm of Hampton & Newman (Rock Springs, WY). Roth-Nelson, Wayne. 2002. Report on subchronic inhalation exposure and health risk at a suburban mall from Aspergillus and Penicillium molds in the case of Steltenpohl et al. v. American Fire & Casualty Co. et al. Roth-Nelson Risk Science / Law Firm of Anderson, Shannon, O'Brien, Rice & Bertz (Stevens Point, WI). Roth-Nelson, Wayne. 2002. Affidavit of Wayne Roth-Nelson, PhD, DABFE, in the case of Pacheco v. Sarconwest Construction Corp. et al., concerning association between Reactive Airways Dysfunction Syndrome (RADS) and acute respiratory exposure of an office worker to a toxic formulation of latex spray paint mist. Roth-Nelson Risk Science / Law Office of Kenneth H. Martinez (Albuquerque, NM). Roth-Nelson, Wayne. 2002. Affidavit of Wayne Roth-Nelson, PhD, DABFE, in the case of Price v. Squirrell et al., concerning chronic household exposure to indoor mold spores of Stachybotrys, Penicillium and other toxic genera. Roth-Nelson Risk Science / State Farm Insurance Co. / Law Office of James R. Alvillar (Grand Junction, CO). Roth-Nelson, Wayne. 2001. Health risk assessment for the offsite migration of TCE (trichloroethylene) plumes into bedrock drinking-water aquifers and chronic exposure of a community to chlorinated solvents in the case of Hughes et al. v. FAG Bearings Corp. Roth-Nelson Risk Science / The Hershewe Law Firm (Joplin, MO). Roth-Nelson, Wayne. 2001. Health risk assessment for acute and subchronic dermal and inhalation exposure of suburban residents to aerial application of malathion with consideration of pesticide storage times and temperatures: Rink et al. v. Cheminova, Inc. et al. Roth-Nelson Risk Science / Law Firm of Smith, Jones & Fawer (New Orleans, LA). Roth-Nelson, Wayne. 2000. Health risk report on the Squirrell matter: Opinion and basis. Evidence introduced at a court hearing on staying or lifting an injunction to seal a mold-contaminated dwelling to preserve evidence. Roth-Nelson Risk Science / Law Office of James R. Alvillar (Grand Junction, CO). Roth-Nelson, Wayne. 2000. Synopsis of health risk analysis for Johnson v. Mahnke et al.: Quantitative and qualitative evidence of inhalation risk from powdered CN tear gas particles airborne in a dwelling and alternative disease causation from chronic CO poisoning. Roth-Nelson Risk Science / Law Firm of Balaban & Levinson (Denver, CO). Roth-Nelson, Wayne. 1999. Risk assessment for accidental acute inhalation exposure to chlorine gas and aerosolized hydrochloric acid at a water recreation park in the case of Brodie et al. v. Wet 'n Wild, Inc. et al. Roth-Nelson Risk Science / Law Firm of Ringer & Henry (Orlando, FL). Roth-Nelson, Wayne. 1998. Health risk assessment for Peterson v. Union Pacific Railroad: Quantified inhalation and dermal benzene exposure and dose from diesel locomotive engine exhaust, diesel fuel vapor, and degreaser solvent vapor; Opinion on risk and cause of aplastic anemia. Roth-Nelson Risk Science / Sullivan Law Firm (Cheyenne, WY). Roth-Nelson, Wayne, and Kathey Verdeal. 1998. Screening of health risk from chronic environmental exposures to petroleum hydrocarbons at the former Amoco refinery, tank farm sites, and offsite areas, Casper, WY: Amoco Corp. and Amoco Oil, et al. ads. Wilson, et al. Roth-Nelson Risk Science / Toxicology Consulting / Law Firm of Sidley & Austin (Chicago) / Law Firm of Williams, Porter, Day & Neville (Casper, WY). Roth-Nelson, Wayne. 1997. Exposure, dose and risk analysis for Nance v. Ag Air, Inc.: Analysis of helicopter pesticide spraying experiments for calibration of exposure levels; reconstruction of dose levels and calculated estimates of health risk. Roth-Nelson Risk Science / Law Firm of Kahrs, Nelson, Fanning, Hite & Kellogg (Wichita, KS). Roth-Nelson, Wayne. 1997. Assessment of inhalation exposure to mosquito larvacide and petroleum distillates for Amateis v. City of Bridgeport (NE): Recontruction of exposure and dose levels from an analysis of application equipment specifications and operating standards. Roth-Nelson Risk Science / Health Care Law Services (Fort Collins, CO; Cheyenne, WY). Roth-Nelson, Wayne, and Kathey Verdeal. 1996. Health risk assessment for Salazar v. Martinez: Comparative probabilities of genetic versus teratogenic causes of birth malformations associated with pharmaceutical drugs taken in the first trimester of pregnancy. Roth-Nelson Risk Science / Toxicology Consulting / Law Firm of Cook & Lee (Boulder, CO). Roth-Nelson, Wayne. 1996. Report on applicable standards for heavy metal fumes and airborne dust (nephrotoxins) at foundries and their requirements for air monitoring and medical surveillance: Diaz et al. v. Electron Corporation. Roth-Nelson Risk Science / Law Office of John P. Ferris (Denver, CO). Roth-Nelson, Wayne. 1995. Evidence for trace-level exposure, toxicity and health risk from chemical and biological indoor air contaminants, including anhydrous ammonia, volatile organic compounds, and environmental tobacco smoke, all contributing to Sick Building Syndrome (SBS): Joseph R. Sage v. Pine Grove Office Building Partnership et al. Roth-Nelson Risk Science / Law Firm of Burg & Eldredge (Denver, CO). Roth-Nelson, Wayne. 1995. Evidence for accidental acute ocular, dermal and inhalation exposure, toxicity and risk from spilled hydraulic fluid: Bell and Cunningham v. Town of Vail (CO). Roth-Nelson Risk Science / Law Office of Harry R. Titcombe (Denver, CO).Roth-Nelson, Wayne. 1994. Preliminary report on aquifer contamination and drinking water risk from gasoline pipeline ruptures: Anderson et al. v. Conoco Pipe Line Co. Roth-Nelson Risk Science / Law Firm of Morris, Laing, Evans, Brock & Kennedy (Wichita, KS). Roth-Nelson, Wayne. 1994. Evidence for subchronic exposure, toxicity and risk from airborne BTEX chemicals in emissions from a natural gas dehydrator plant and their association with Multiple Chemical Sensitivity (MCS): Carlton et al. v. Amoco Production Company. Roth-Nelson Risk Science / Law Firm of Lawrence & Ellis (Oklahoma City, OK). Technical Director, Division of Environmental Remediation. Previously Manager of Environmental Health Risk Assessment. Supervising scientist or principal investigator for CERCLA/RCRA baseline and remedial risk assessments at Air Force and Department of Energy (DOE) installations throughout the U.S. Risk assessment consultant to the Air Force Human Systems Division. Member of the Risk Assessment Committee for DOE's Westinghouse Hanford nuclear reactor installation. Worked with state and federal regulators to develop site-specific methodology for complex risk assessments of multiple chemicals and radionuclides migrating along multimedia environmental pathways with routes of human intake by ingestion, inhalation, skin absorption, and radiation. Developed ground and surface water, soil and sediment, plant and animal, and atmospheric exposure assessments at chemical landfills, wastewater treatment facilities, and fuel or chemical spill sites. Conducted baseline and remedial risk assessments for radioactive and chemically toxic waste streams. Assignments included Strategic Air Command (SAC) bases in Montana and the Pacific and Air Force research, testing and manufacturing facilities in New Jersey, Ohio, and Tennessee. Department of Energy environmental restoration sites included Maywood Chemical Works/Stepan Pharmaceuticals in New Jersey and Union Carbide Industrial Gases/Ashland Oil Refinery/Seaway Landfill in New York. Deputy Program Manager. Previously principal research scientist responsible for planning field investigations into potential environmental contamination at Air Force installations. Developed first human health and ecological risk assessment capability at the Institute in Denver. Assisted the Air Force Occupational and Environmental Health Laboratories and MITRE Corporation to reconcile Air Force and EPA risk assessment guidance. Responsibilities included a SAC base in Washington and missile testing installations in California. Supervised surface and downhole geophysical surveys, soil gas surveys, soil borings and sampling, monitor well installations and sampling, surface water and sediment sampling, and ambient air sampling at CERCLA/RCRA sites used for chemical and sanitary landfills, wastewater treatment lagoons, stormwater injection wells, and at fuel or chemical spill sites. Responsible for laboratory analysis, quality assurance, quantitative risk assessments, remedial technology assessment, and regulatory compliance. Water and air pollution and environmental health research contractor to the Congressional Ofice of Technology Assessment, National Ecology Research Center, U.S. Environmental Protection Agency, and U.S. Office of Surface Mining. Conducted field studies in Colorado, Illinois, Indiana, Michigan, New Mexico, Texas, and Wyoming. Examined environmental effects of agricultural and surface mine land reclamation practices and inland dredging on human health, surface and ground water hydrology and water quality, and aquatic and terrestrial ecosystems. Manager, Environmental Studies. Assessed the human health risks of airborne pathogens in sprayed sludge aerosols, heavy metal uptake in livestock pastured on sludge-reclaimed lands and then slaughtered for food, and distribution of dehydrated sludge solids for home gardening. Assignment was a 17,000-acre experimental stripmined farmland reclamation project in Illinois. Sponsored by U.S. EPA Chief Environmental Planner. Water and air pollution and environmental health research contractor to the U.S. Department of Transportation, Georgia Department of Transportation, Maryland Department of Transportation, Virginia Airport Authority, and Boston Mass Transportation Authority. Conducted multimedia environmental impact assessments. Consultant to New Communities Program of U.S. Department of Housing and Urban Development. Researched environmental quality and community health criteria for the design of planned New Towns in Maryland, Florida, and California. Recommended urban environmental design standards for land developers. SELECTED PUBLICATIONS/PRESENTATIONS Roth-Nelson, Wayne. 1999/2000. Online casebook of risk-based legal decisions: Analysis of key current and historical cases. Published online at www.RiskWorld.com. Roth-Nelson, Wayne. 1999. Explaining toxic chemical risk in the courtroom: Authority, story-telling, and science. In: Carl Meyer (Ed.), Expert witnessing: Explaining and understanding science (Chapter 13). Boca Raton, FL: CRC Press. Based on an invited paper presented at American Chemical Society Symposium (Las Vegas, 9-11 September 1997). Roth-Nelson, Wayne. 1998. Chair, Risk Science & Law: Toxic Injury Lawsuits--Parts I and II; Panel discussions and papers presented at Annual Meeting of Society for Risk Analysis (Phoenix, 6-9 December 1998). Roth-Nelson, Wayne. 1997. Risk science and law panel weighs regulatory reform bill. Published online at www.RiskWorld.com (September). Roth-Nelson, Wayne, and Kathey Verdeal. 1996. Risk evidence in toxic torts. The Environmental Lawyer 2(2):405-443 (American Bar Association). Roth-Nelson, Wayne. 1996. Scope of judicial decisions surrounding risk assessment issues: Appeals to lower court decisions in toxic injury lawsuits; Judicial review of government agency risk regulations. Risk Science & Law Specialty Group, Society for Risk Analysis. Roth-Nelson, Wayne. 1994. Site-specific exposure factors for quantitative human health risk assessment, Rocky Flats Plant, Denver, CO. ICF Kaiser Engineers / Environmental Restoration Program, U.S. Department of Energy. Roth-Nelson, Wayne. 1993. Technical review--Draft human health evaluation and baseline risk assessment, Y-12 Plant, East Fork Poplar Creek, Oak Ridge, TN. Science Applications International Corporation / Environmental Restoration Program, U.S. Department of Energy. Roth-Nelson, Wayne, and Debbie Spiers. 1992. Baseline human health risk assessment at the Tonawanda Site (New York). Science Applications International Corporation / Formerly Utilized Sites Remedial Action Program, U.S. Department of Energy. Roth-Nelson, Wayne, Donna Collins, and Steven Woolfolk. 1991. Baseline human health risk assessment for the Maywood Site (New Jersey). Science Applications International Corporation / Formerly Utilized Sites Remedial Action Program, U.S. Department of Energy. Roth-Nelson, Wayne, Eve Huggins, and Rotha Randall. 1990. Remedial investigation / feasibility study and human health risk assessment for Air Force Plant 85, Columbus, OH. Battelle Memorial Institute / Occupational & Environmental Health Laboratories, U.S. Air Force. Roth-Nelson, Wayne, James Moore, and Greg DiGregorio. 1990. Remedial investigation / feasibility study and human health risk assessment for Arnold Engineering & Technology Center, TN. Battelle Memorial Institute / Occupational & Environmental Health Laboratories, U.S. Air Force. Roth-Nelson, Wayne, Matthew Shafer, and Rotha Randall. 1989. Remedial investigation / feasibility study and human health risk assessment for Malmstrom Air Force Base (Montana). Battelle Memorial Institute / Human Systems Division, U.S. Air Force. Nelson, Wayne, and Mark Byrnes. 1986. Installation Restoration Program remedial investigation and health risk assessment plans for Vandenberg Missile Test Center, CA. Battelle Memorial Institute / Occupational & Environmental Health Laboratories, U.S. Air Force. Nelson, Wayne, and Brad Shea. 1981. Assessing ecological and human health effects from inland dredge and fill operations. In: Proceedings of a comprehensive seminar on dredging and related problems in the mid-Atlantic region. National Association of Environmental Professionals, Baltimore. Nelson, Wayne, Harry Motto, and Jack Orsborn. 1978. Environmental health statement on sewage sludge utilization for surface coal mine land reclamation. Enviro Control, Inc. / U.S. Environmental Protection Agency / Metropolitan Sanitary Sewage District of Greater Chicago. |
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