Medically-Based Enterprise Risk Management
Lead
Premier World Toy Brand Manufacturer
Challenge:
One of the largest toy manufacturers in the United States found that its toys, largely produced in China, had been painted with paint containing excessive levels of lead. One of the company's Chinese suppliers had supplied this paint, which had been mixed with other, non-lead containing paints used on the toys. The extent of its use and the concentrations present on the toys sent to the United States were not clear. We were asked to help determine how much risk these toys posed to children and to help develop an accurate message for the concerned public.
Solution:
The company's testing laboratory in China was able to track the shipments and determine the paint and the lead concentrations present on the different toy shipments. Once these were identified, we were able to assist the manufacturer to identify the toys containing any lead paint concentrations which would, using the most conservative risk assessments, pose a health threat to the very youngest infant coming in contact with and sucking such toys. The company then announced its recalls in a targeted fashion, confident that the health of its toy users was protected.
Reflection:
Our toxicological expertise addressing risk assessment for potential exposures allowed our client to mitigate its risk in a medically-driven, objectively-managed fashion.
Urban Lead Smelter Case
Challenge:
A large mass tort matter involved an urban residential area that was previously exposed to airborne levels of lead from a smelter that had been centrally located in the area for nearly one hundred years. The smelter was closed, but recent environmental sampling had revealed elevated lead levels in air and soil in the community. Affected individuals, it was claimed, spanned multiple generations of families, despite the absence of any available exposure data from the past.
Solution:
Using EPA-approved, conservative models, we developed several different exposure pathway scenarios, assuming varying levels of lead exposure over time. Medical and neuropsychological evaluations of all claimants were performed to determine current blood lead levels, health and intellectual functioning. We reviewed medical records of all claimants and developed a database which we populated with medical data, health department blood lead data, residence location, weather and wind patterns. Court-directed mediation was sought and granted. Our medically-directed assessment enabled the rapid settlement of claims in which exposure data, blood lead levels and medical data were causally correlated with the facility. Other claims were eliminated or settled for minimal value.
Reflection:
We were able to efficiently manage this large multi-litigant exposure matter using computer modeling of exposures and correlating the exposure data with medical, diagnostic testing, toxicological and exposure data. Our proactive health-based management strategy permitted rapid assessment of the damage value of individual claims, and gave our clients the necessary background to enable them to make informed settlement decisions.
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