New York, NY (PRWEB) May 27, 2008
A New York Appeals Court recently ruled that Antonio Lopez has the right to sue the makers of products containing chemicals which he was exposed to and poisoned his kidneys. According to New York toxic torts lawyers, Levy, Philips and Konigsberg, Mr. Lopez worked for two years in Brooklyn manufacturing hoses at a factory where he was exposed to inks and ink thinners containing kidney poisons that are causes for kidney failure. Mr. Lopez was diagnosed with kidney failure and has to have life saving dialysis treatment three times a week.
Dialysis is the medical treatment which uses a machine to clean the blood of a person whose kidneys are no longer able to do that job. The manufacturers of these products argued to the Court that they had no responsibility under New York state law to warn Mr. Lopez that chemical exposure to its products causes kidney failure. The Court ruled that the makers of these products do have an obligation under state law to give adequate warnings and that Mr. Lopez is entitled to present his case to a jury to recover compensation for his injuries.
The defendants Matthews International, Corp., Willett Limited, and Gem Gravure, Co., Inc. manufactured and sold inks and thinners, also known as solvents, containing chemicals such as Cyclohexanone, Methyl Ethyl Ketone (MEK) and Methyl Isobutyl Ketone (MIBK). These chemicals are known renal toxins and chemical exposure is known as the cause for kidney damage and kidney failure. The makers of the inks and thinners which Mr. Lopez was exposed to did not give adequate and proper warnings of the health risks associated with using these products. Mr. Lopez will have to undergo dialysis treatment for the rest of his life.
The New York toxic tort lawyers of Levy Phillips & Konigsberg called upon the expertise of leading scientists to assist the Court in reaching its decision. The chemical exposure was analyzed by an industrial hygienist as well as a medical doctor and reports were submitted to the court. After carefully reviewing the records the Court concluded that the evidence should be heard by a Jury in a Brooklyn trial in order to determine whether Mr. Lopez is entitled to compensation for his life threatening illness.
Docket number 2007-00937 - Appellate Division, Second Department