Toxicology Expert Witness / Toxic Tort Science / Environmental Health / Chemicals / Molds / Exposure / Health Risk / Causation
801 Confidence Drive
Unit 20
Longmont, CO 80504
303.485.8305
ToxicTortScience@comcast.net

Areas Of Expertise

  • Litigation of Toxic Torts and Environmental Lawsuits
      

    ROTH-NELSON RISK SCIENCE / TOXIC TORT SCIENCE serves as case investigators for law firms representing plaintiffs or defendants in environmental and product liability claims, particularly toxic tort litigation. We also serve as expert witnesses in lawsuits tried by judge or jury in federal and state district courts.

    We provide critical analysis of scientific evidence for inferred causation or probable risk from exposure to toxic chemicals in air, water, soil, plants, food, pharmaceuticals, and household or personal care products. Our experience covers indoor air pollution, including molds, and sick-building syndrome.

    We have determined toxic chemical sources; their migration and attenuation in the environment; resulting levels of human exposure and toxicity; and human intakes and absorbed doses.

    Our forensic experience covers causation or risk as presented by . . . .

    1. Natural gas dehydrator stack emissions, resulting in residential airborne dispersion and chronic inhalation of hydrocarbons [Oklahoma / Defendants];

    2. Gasoline spilled into a drinking-water aquifer, resulting in groundwater migration and ingestion of hydrocarbons in rural well water [Kansas / Defendants];

    3. Anhydrous ammonia fumes released in an office building and inhaled with volatile organic compounds, bioaerosols, and environmental tobacco smoke [Colorado / Defendants];

    4. Chronic workplace inhalation exposure to heavy metal fumes and airborne dust at an obsolescent foundry [Colorado / Plaintiff];

    5. Residential inhalation exposure to asbestos released into ambient air in a fire-fighting exercise [Colorado / Plaintiffs];

    6. Hydraulic fluid accidentally sprayed on bystanders with resulting eye and skin contact, inhalation and ingestion [Colorado / Plaintiffs];

    7. Benzodiazepine tranquilizers, oral contraceptives and analgesics taken during the first trimester of pregnancy [Colorado / Plaintiffs];

    8. Chronic exposure to anti-bacterial soap used on food preparation surfaces [Colorado / Plaintiff];

    9. Subchronic exposure to carbon monoxide emissions from a home furnace [Colorado / Defendant];

    10. Single episode of residential exposure to agricultural carbamate and organophosphate pesticides sprayed by helicopter [Colorado / Defendants];

    11. Acute residential inhalation exposure to cold-aerosol insecticide and petroleum distillates sprayed by truck for mosquito control [Nebraska / Plaintiffs];

    12. Chronic inhalation and dermal absorption of volatile petroleum hydrocarbons, notably benzene, used in railroad locomotive maintenance, and leading to death [Wyoming / Plaintiffs];

    13. Acute exposure to carbon monoxide in a residential garage from a vintage sports car without emission controls, resulting in a poisoning death [Colorado / Defendant];

    14. Chronic inhalation exposure to powdered tear gas agent discarded beneath a house and circulated in heating ducts with carbon monoxide leaking from a furnace flue [Colorado / Defendant];

    15. Potential chronic exposure of an entire community to gasoline and diesel fuel hydrocarbons from an abandoned oil refinery, involving ground and surface water, surface and subsurface soil, and ambient air [Wyoming / Defendants];

    16. Potential chronic exposure of a community to trichloroethylene and other chlorinated solvents from a ball-bearing factory contaminating a bedrock drinking-water aquifer [Missouri / Plaintiffs];

    17. Acute inhalation exposure to chlorine gas and hydrochloric acid formed in the respiratory tract from an accident at a major water recreation park [Florida / Plaintiffs];

    18. Chronic household exposure to potentially toxic indoor mold spores, including Stachybotrys and Penicillium among more common genera, and resulting from leaking water pipes [Colorado / Defendants];

    19. Acute and subchronic dermal and inhalation exposure of suburban residents to aerial spraying of malathion for eradication of the Mediterranean fruit fly, particularly considering possible magnified toxicity due to excessive pesticide storage times and temperatures [Florida / Plaintiffs];

    20. Acute inhalation exposure of an office worker to volatile organic solvents and isocyanates in acrylic polyurethane paint with consideration of HVAC system performance [Florida / Defendants];

    21. Acute inhalation exposure of an office worker to latex spray paint mist containing a hazardous organic solvent [New Mexico / Plaintiff];

    22. Subchronic inhalation exposure of lessees at a suburban mall to potentially toxic Aspergillus and Penicillium molds generated by a leaking roof [Wisconsin / Plaintiffs];

    23. Subchronic inhalation exposure of an industrial worker to gaseous arsenic (arsine) with a potential for arsenic poisoning [Wyoming / Plaintiff];

    24. Accidental acute inhalation exposure of an industrial worker to hydrogen sulfide, resulting in a poisoning death [Nebraska / Plaintiff];

    25. Subchronic exposure to diesel fuel contamination of a drinking water well with elevated systemic phenol [Oregon / Defendant];

    26. Accidental poisoning from acute exposure to carbon monoxide leaking into a bedroom from an attached garage with a resulting death [Arizona / Defendants];

    27. Arsenic poisoning from subchronic inhalation exposure to metal fumes while brazing with brass wire in making jewelry [New Mexico / Plaintiff];

    28. Chronic exposure of an office worker to potentially toxic molds, including Stachybotrys and Aspergillus, that formed inside a water-damaged wall cavity used as a ventilation plenum [West Virginia / Plaintiff];

    29. Protracted exposure to municipal drinking water pumped from an aquifer contaminated with perchloroethylene released from an industrial degreasing operation [Colorado / Plaintiff];

    30. Laboratory testing of indoor air, surface soot and burned building materials for prediction of residual smoke odor nuisance and chronic respiratory irritation following residential fire damage [Colorado / Defendants];

    31. Chronic respiratory and dermal exposure to isocyanate catalysts in polyurethane spray paint vapors and aerosols used in auto body and paint shops without self-contained breathing apparatus or protective clothing [West Virginia / Plaintiffs];

    32. Chronic, low-level household exposure to natural gas leaks with BTEX chemicals and explosivity the primary concerns [Colorado / Plaintiffs];

    33. High-level residential risk from Penicillium and Aspergillus mold infestation with primary concern for post- remediation success in reducing health risk [Mississippi / Plaintiffs];

    34. Sick-building studies dealing with government agency office workers, including their workers' compensation claims, inadequacy of indoor air testing, and the basis for previous unsuccessful bacterial and mold remediation [West Virginia / Plaintiffs];

    35. Health risk assessment regarding petroleum hydrocarbon contaminating ground-water and soil-gas migrating beneath a church and church school building with resulting vapor intrusion, particularly trimethylbenzenes, originating from an abandoned bulk petroleum tank farm [Alabama / Plaintiffs];

    36. Carbon monoxide exposure assessment and causation analysis involving a defective furnace flue in a manufactured dwelling, as well as reliability of tested carboxyhemoglobin blood level [Wyoming / Plaintiffs];

    37. Sick-building studies concerning a major private utility office building affected by mold amplification with special concern for the scope of indoor environmental testing [West Virginia / Plaintiffs].

    38. Furadan pesticide acute inhalation exposure from accidental aerial application to crops unintended for treatment where meteorological conditions may have been problematic [Kansas / Defendants].

    39. Class action to investigate links to cancer causation among surface coal mine heavy equipment operators at final-cut landfills where carcinogenic coal tar pitch wastes from primary aluminum production were buried over several decades, and covering inhalation, dermal and oral intakes of PAH carcinogens [Indiana / Plaintiffs].

    40. Accidental occupational exposure to ingested industrial warewashing detergent high in caustic soda (lye) with examination of product and equipment hazards and adequacy of worker health and safety training [Colorado / Plaintiff].

    41. Apartment building resident exposure to chronic water intrusion resulting in airborne and surface contamination from allergenic, potentially toxic or pathogenic molds where successive efforts at remediation failed [Maryland / Plaintiffs (two separate cases)].

    42. Mountain cabin resident exposure to carbon monoxide improperly vented from a hot water heater [Colorado / Defense].

    43. Inhalation risk analysis of criteria air pollutants (CAPs) and hazardous air pollutants (HAPs) to be released from a proposed corn-to-ethanol plant that could affect a downwind community, particularly the hazardous VOCs that would drive the inhalation health risks [New Mexico / Plaintiffs].

    44. Chemical burns to the eyes from exposure to chlorine and trichloramine emissions into the breathing zone surrounding an indoor swimming pool improperly managed, particularly the ventilation and water testing [Colorado / Plaintiff].

    45. Respiratory and central nervous system health effects with elevated indoor VOCs and unbalanced HVAC air flows inside an office building affected by emissions from a nearby steel foundry [Nova Scotia / Plaintiffs].

    46. Health hazards and risks from amplified molds inside wall cavities and throughout a residence where chronic, intermittent roof leaks served to propagate hydrophilic, allergenic and potentially toxigenic mold genera [Florida / Plaintiff].

    47. Induction of a cancerous bone marrow disease (AML) from protracted, elevated inhalation and dermal exposure of a tire factory worker to unreported benzene contained in naphtha rubber solvents used frequently while operating a tire-building machine [Arkansas / Plaintiff].

    48. Central and peripheral nervous system damage to painters from elevated exposure to lead paint particles being power-sanded from reclaimed lumber without wearing respiratory or skin protection [Wyoming / Plaintiffs].

    49. Severe gastrointestinal injuries to a child from accidental ingestion of concentrated ammonium nitrate/nitric acid fertilizer from an unfenced tank with unlocked valve [Arizona / Plaintiff].

    50. Accidental inhalation exposure of a prison guard from detonation of an outdoor military-style, smoke grenade releasing a zinc chloride aerosol in a confined indoor space [Minnesota / Plaintiff].

    51. Chronic inhalation and dermal exposure of a young child to hydrophilic, toxigenic molds in a basement bedroom with wet walls and floors from chronic water overflows and pipe leaks [Colorado / Plaintiff].

    52. Chronic and subacute inhalation, dermal contact and incidental ingestion of mixed toxic herbicide liquid and aerosols by a child exposed while playing next to, and inside of, a public park alongside her residence [Washington / Plaintiffs].

    53. Chronic and subacute inhalation and dermal exposure to powdered and liquid caustic soda used in treating boiler cooling water, mixed openly without protective covering [Wyoming / Plaintiff].

    54. Acute inhalation and dermal exposure to silicones in a leather cleaner used in a confined space, triggering a complex, ongoing immune reaction [Pennsylvania / Plaintiff].

    55. Accidental acute exposure to carbon dioxide in a residence where furnace and water heater flues may have leaked and back-drafted combustion fumes [Colorado / Defendants].

    56. Airborne mold spore proliferation and chronic exposure of office workers with resulting respiratory symptoms or syndromes linked to building HVAC design and operation [U.S. Virgin Islands / Plaintiffs].

    57. Acute exposure to carbon dioxide in mountain lodging with resulting fatalities, possibly linked to failure in the hot water boiler combustion exhaust system. [Colorado / Defendants].

    58. Chronic airborne dispersion of inorganic arsenic and lead particulates from a coal-burning power plant causing downwind contamination of residential outdoor air as well as indoor air and floor dust. [Nova Scotia / Plaintiffs].

    Dr. Roth-Nelson may team with medical practitioners to weigh the evidence of links between toxic exposures and health risks or disease causation. Both general and specific causation as well as alternative causation are investigated where populations or individuals are exposed.

    Other team members may specialize in reviewing medical records and clinical history, chemical or biological sampling and laboratory analysis, and computer modeling of contaminant transport and fate.


  • Management and Regulation of Toxic Substances and Hazardous Waste
      

    ROTH-NELSON RISK SCIENCE has served as consultants to business and industry as well as supporting government resource management and regulatory agencies, particularly the generators and regulators of hazardous waste.

    We have applied epidemiological and toxicological research findings to community and occupational health problems that result from exposure to toxic chemicals released to the environment outdoors and indoors.

    We have been called upon to perform senior peer review and critique of both human health and ecological risk assessments prepared by others.

    Our quantitative health risk assessment experience covers . . . .

    1. Site-specific methodology for determining health effects of multiple chemicals and radionuclides potentially carcinogenic, mutagenic, teratogenic, or otherwise pathogenic.

    2. Sources, transport and fate of chemicals and radionuclides migrating on pathways in ambient and indoor air, ground and surface water, soil and sediment, and plants.

    3. Levels of acute, subchronic or chronic exposure and the resulting chemical dose and dose-response by oral ingestion, inhalation, dermal absorption, and radiation.

    4. Alternatives for reducing adverse health effects from handling, processing, cleaning up and disposing of hazardous materials or waste.

    5. RCRA/CERCLA (Superfund) baseline and remedial risk assessments performed throughout the U.S., working with Federal and State regulators to specify acceptable risk-based cleanup standards.

    Dr. Roth-Nelson may team up with a geochemist, geophysicist, hydrogeologist, meteorologist, health physicist, environmental epidemiologist, or other specialist whose skills are specific to a risk analysis. His experience in analyzing health effects extends to many potential toxicants:

    • Fuels, solvents, and polycyclic aromatic hydrocarbons (PAHs)

    • Pesticides, herbicides, and polychlorinated biphenyls (PCBs)

    • Lead and other heavy metals, radionuclides, and asbestos

    • Dust, carbon monoxide, sulfur dioxide, ammonia, and other fumes

    • Pharmaceuticals, bioaerosols, and environmental tobacco smoke.


  • Public Policy and Regulation of Toxic Chemical Risk
      

    Dr. Roth-Nelson served as a policy analyst for the Congressional Office of Technology Assessment, U.S. Environmental Protection Agency, and agencies of the U.S. Department of the Interior. He was appointed to the Policy Committee of the Society for Risk Analysis.

    As founder and elected Chair of the Society's Risk Science & Law Specialty Group, he organized lawyers and other scientists who explore policy issues affecting environmental health risks.

    The Specialty Group focuses on ways to assess and manage toxic chemical risks through federal legislation and regulation. The Group monitors case law decisions interpreting statutes and rules affecting toxic chemical risks to health.

    Since the Group's inception, Dr. Roth-Nelson and his Specialty Group colleagues have organized many symposia, panel discussions and poster presentations for the Annual Meetings of the Society for Risk Analysis. Some examples are:

    ANNUAL MEETING IN PHOENIX, AZ

    • Risk Assessment: A Burning Issue in Regulatory Reform

    • Risk Management: Policy Issues in Regulatory Improvement

    • Toxic Injury Lawsuits: Parts I and II

    • Risk Analysis in the Courts

    ANNUAL MEETING IN WASHINGTON, DC

    • Shaping Risk Legislation, Policy and Research

    • Reaching Risk Policy and Management Decisions

    • Communicating Risks to Courts, Judges and Juries

    • Toxic Torts and Expert Witnesses

    ANNUAL MEETING IN NEW ORLEANS, LA

    • Law, Policy and Risk Assessment

    • Congress, the Courts, and Agency Risk Assessments

    • Regulatory Innovations in Risk Assessment

    • Risk Assessment and Toxic Injury Litigation


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