Texas Toxic Tort Lawyers: Fighting for Communities Poisoned by Corporate Negligence

Chemical Exposure | Industrial Pollution | Environmental Justice
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Houston: America’s Petrochemical Capital—and Its Most Polluted City

Houston is the energy capital of the world. It’s also one of the most toxic places in America to live.

The Houston Ship Channel hosts over 400 petrochemical facilities—refineries, chemical plants, plastics manufacturers, and industrial operations—stretching 52 miles from the Gulf of Mexico to downtown Houston. These facilities produce the chemicals that power modern life: gasoline, plastics, pharmaceuticals, agricultural products.

They also emit carcinogens like benzene, ethylene oxide, and 1,3-butadiene directly into the air breathed by millions of Houston residents. They release toxic chemicals into the water and soil. They cause catastrophic accidents that kill workers and sicken communities.

An Amnesty International report released in January 2024 accused Houston-area petrochemical facilities of violating human rights through repeated non-compliance with environmental regulations and the emission of known carcinogens into nearby communities.

This is not an abstract problem. It’s killing Texans.

Recent Houston-Area Toxic Disasters

October 2024: PEMEX Deer Park H2S Release
A deadly hydrogen sulfide (H2S) leak at the PEMEX oil refinery in Deer Park killed two workers and injured 35 others. Shelter-in-place orders were issued for Deer Park and Pasadena. This was PEMEX’s third illegal toxic air release in 2024—they also released benzene on October 6, 2024.

December 2023: Altivia La Porte Phosgene Leak
Eight workers were hospitalized after a toxic gas leak—possibly phosgene, one of the deadliest industrial chemicals—at the Altivia Chemicals plant in La Porte. A shelter-in-place was implemented for residents.

November 2023: Sound Resource Solutions Shepherd Explosion
An explosion and fire at a chemical plant in Shepherd forced evacuations and shelter-in-place orders. Authorities warned of toxic chemicals causing eye and skin irritation.

March 2023: INEOS Phenol Pasadena Explosion
An explosion and fire at the INEOS Phenol plant in Pasadena during LNG transfer injured one worker. The plant produces Cumene, a carcinogen linked to headaches, dizziness, and organ damage.

These aren’t isolated incidents. They’re part of a pattern—decades of industrial pollution that has created cancer clusters, respiratory disease epidemics, and generational health damage in Houston’s most vulnerable communities.

The Cancer Clusters: When Corporate Pollution Kills Communities

When the Texas Department of Health and Human Services confirms a “cancer cluster”—an area where cancer rates significantly exceed what statistics would predict—it means something is poisoning that community. Houston has confirmed cancer clusters that demonstrate the deadly consequences of living near industrial pollution.

Fifth Ward and Kashmere Gardens: The Creosote Cluster

In 2019 and again in 2021, the Texas Department of Health confirmed a cancer cluster in Houston’s Fifth Ward and Kashmere Gardens neighborhoods. Residents face elevated rates of:

• Liver cancer
• Lung and bronchus cancers
• Childhood acute lymphoblastic leukemia

The cause? A Union Pacific Railroad wood-preserving facility that operated from 1899 to 1984, saturating the soil and groundwater with creosote—a known carcinogen. The contamination plume has spread beneath residential areas, affecting over 110 homes.

The EPA is overseeing investigation, and Union Pacific is responsible for remediation. The City of Houston allocated $5 million for a voluntary relocation program for residents living above the contaminated groundwater plume.

But here’s the tragedy: new residents continue to move into the Fifth Ward, often unaware of the environmental hazards. Texas doesn’t require adequate disclosure of contamination when homes are sold.

Manchester: The Petrochemical Fence-Line Community

Manchester, in East Houston, sits directly adjacent to petrochemical plants, refineries, and tank farms along the Houston Ship Channel. Residents live in what’s called a “fence-line community”—literally on the fence line of industrial operations.

The results are devastating:

• 22% higher cancer risk than the overall Houston area
• 30% higher cancer risk than more affluent Houston communities
• Elevated levels of benzene, chromium, 1,3-butadiene, and polycyclic aromatic hydrocarbons (PAHs) in the air
• Soil contamination worsened by Hurricane Harvey

Manchester is predominantly low-income and Hispanic—a community with little political power to fight back against the billion-dollar corporations poisoning them.

Environmental Justice: Why Pollution Falls Heaviest on Marginalized Communities

Fifth Ward. Manchester. Galena Park. Harrisburg. These are Houston’s “sacrifice zones”—communities where industrial pollution is concentrated because residents lack the political and economic power to prevent it.

Houston’s lack of zoning laws has historically allowed petrochemical facilities to be built directly adjacent to homes, schools, and churches. Studies show that proposed industrial sites in Texas continue to be disproportionately located in counties with higher concentrations of people of color and poverty.

Attorney911 stands with these communities. Environmental justice is not a political slogan—it’s fundamental fairness. Every Texan deserves clean air and water, regardless of zip code or income level.

The BP Texas City Explosion: Our Experience Fighting Big Oil

On March 23, 2005, the BP Texas City Refinery exploded, killing 15 workers and injuring over 180. The explosion released approximately 500,000 pounds of toxic chemicals into the surrounding community—including massive amounts of benzene, a known carcinogen that causes leukemia and other blood cancers.

The consequences extended far beyond the immediate victims. Residents of Texas City and surrounding communities were exposed to benzene and other carcinogens. BP eventually settled 25,000 benzene exposure lawsuits from Texas City residents.

Attorney911 was one of the few Texas firms involved in BP explosion litigation.

This experience is directly relevant to toxic tort claims. Ralph Manginello’s BP litigation background demonstrates our capability to:

• Take on one of the world’s largest corporations
• Handle complex mass toxic exposure cases
• Fight for victims of industrial pollution
• Navigate federal court proceedings (where many toxic tort cases are litigated)

When you’re facing a petrochemical giant that poisoned your community, you need attorneys who have actually fought those battles before.

Understanding Toxic Tort Claims

A toxic tort is a legal claim for injuries caused by exposure to toxic substances—chemicals, pollutants, contaminated water, hazardous materials. Toxic tort claims are among the most complex in personal injury law because they require proving:

1. Exposure: You were exposed to a toxic substance
2. Causation: That exposure caused your illness or injury
3. Responsibility: A defendant’s negligence, defective product, or wrongful conduct caused the exposure

Corporations vigorously defend toxic tort claims because the stakes are enormous. A single toxic tort verdict can open the floodgates to thousands of similar claims. They’ll hire battalions of expert witnesses to argue causation, challenge your medical evidence, and blame your illness on genetics, lifestyle, or anything except their chemicals.

You need attorneys who understand both the science and the law—and who have experience against corporate defendants.

Types of Toxic Tort Claims

Chemical Exposure Claims:

• Benzene exposure (causes leukemia, other blood cancers)
• Asbestos exposure (causes mesothelioma, lung cancer, asbestosis)
• Hydrogen sulfide (H2S) exposure (causes respiratory damage, neurological damage, death)
• Silica exposure (causes silicosis, lung disease)
• Formaldehyde exposure (causes cancer)
• Lead exposure (causes neurological damage, developmental delays)
• PFAS “forever chemicals” (linked to cancer, immunological damage)

Water Contamination Claims:

• Industrial discharge into water supplies
• Groundwater contamination from manufacturing operations
• Agricultural runoff (pesticides, fertilizers)
• PFAS contamination in drinking water

Air Pollution Claims:

• Industrial emissions of carcinogens
• Refinery flares and releases
• Chemical plant accidents releasing toxic clouds
• Fence-line community exposure from ongoing operations

Occupational Exposure Claims:

• Workers exposed to toxic chemicals on the job
• Refinery and petrochemical workers
• Construction workers (asbestos, silica)
• Firefighters (AFFF foam, combustion products)

Defective Product Claims:

• Pharmaceutical drugs with undisclosed side effects
• Consumer products containing toxic materials
• Contaminated food or supplements

Environmental Contamination Claims:

• Superfund sites affecting nearby properties
• Industrial contamination of residential areas
• Historical contamination (like Fifth Ward creosote)

Houston Ship Channel: A Toxic Legacy

The Houston Ship Channel is one of the most industrialized waterways in the world—and one of the most polluted. Understanding the facilities along the channel helps explain why Houston communities face such elevated toxic exposure:

Deer Park and Pasadena: The Refinery Corridor

Deer Park and Pasadena host multiple refineries and petrochemical plants:

• PEMEX Deer Park Refinery: Site of the October 2024 H2S release that killed two workers
• Shell Deer Park: One of the largest petrochemical complexes in the Americas
• LyondellBasell: Major petrochemical producer
• INEOS Phenol: Site of March 2023 explosion

Residents of Deer Park and Pasadena live in the shadow of these facilities. When accidents happen—or when ongoing emissions exceed safe limits—they breathe the consequences.

Channelview and Galena Park: Industrial Heartland

Channelview and Galena Park host tank farms, chemical terminals, and industrial operations. Channelview was the site of historical disasters (including the 1989 Phillips 66 explosion that killed 23 workers) and ongoing environmental concerns.

Baytown: ExxonMobil’s Complex

Baytown hosts ExxonMobil’s massive integrated refining and petrochemical complex—one of the largest in the world. Workers and nearby residents face exposure to refinery emissions.

Texas City: The BP Legacy

Texas City is home to the Marathon Galveston Bay Refinery and the site of the 2005 BP explosion. The legacy of that disaster—and the ongoing industrial operations—continues to affect residents.

La Porte: Chemical Alley

La Porte hosts numerous chemical plants, including the Altivia facility where the December 2023 phosgene leak occurred. La Porte residents face ongoing exposure to industrial emissions.

Major Toxic Tort Verdicts and Settlements

Toxic tort cases can result in substantial compensation—both for individual victims and in mass tort actions:

BP Texas City: 25,000 Benzene Lawsuits Settled

Following the 2005 explosion and its release of 500,000 pounds of toxic chemicals, BP faced approximately 25,000 benzene exposure lawsuits from Texas City residents. BP settled these claims for undisclosed amounts, but individual settlements reportedly ranged from thousands to millions of dollars depending on exposure and health effects.

Texas Benzene Verdict: $8.2 Million

A Texas jury awarded $8.2 million to a man battling leukemia caused by benzene exposure from paint and paint thinners. The verdict demonstrated that juries understand the connection between chemical exposure and cancer—and are willing to hold corporations accountable.

Texas Asbestos Verdict: $18.6 Million

A Texas jury awarded $18.6 million to the family of a pipefitter who developed mesothelioma due to occupational asbestos exposure. The verdict highlighted the serious approach Texas courts take toward corporate negligence and the devastating impact of asbestos exposure.

Texas AG PFAS Lawsuit: December 2024

Texas Attorney General Ken Paxton filed a major lawsuit against 3M and DuPont in December 2024, alleging the companies engaged in deceptive trade practices by failing to disclose health and environmental risks of PFAS-containing products. The lawsuit seeks over $1 million in monetary relief plus civil penalties up to $10,000 per violation.

PFAS (“forever chemicals”) have been linked to cancer, birth defects, liver damage, and immune system dysfunction. This state lawsuit follows years of private litigation against PFAS manufacturers.

Camp Lejeune Water Contamination: $21 Billion in Expected Payouts

The federal government anticipates paying over $21 billion to Camp Lejeune victims and their families over the next decade. As of June 2024, $14.4 million has been distributed to 57-58 families through the expedited Elective Option program, with settlements ranging from $100,000 to $550,000.

Texas veterans who served at Camp Lejeune between 1953 and 1987 may be eligible for compensation if they developed health issues linked to contaminated water.

Diseases and Conditions Caused by Toxic Exposure

Toxic exposure causes serious, often fatal diseases:

Cancers

• Leukemia: Blood cancer linked to benzene exposure
• Mesothelioma: Aggressive cancer of the lung lining caused by asbestos
• Lung cancer: From asbestos, silica, and various carcinogens
• Bladder cancer: Linked to chemical exposure and Camp Lejeune water
• Kidney cancer: Linked to various industrial chemicals
• Non-Hodgkin’s lymphoma: Linked to pesticides and chemical exposure
• Liver cancer: Linked to vinyl chloride and other chemicals

Respiratory Diseases

• Asbestosis: Lung scarring from asbestos fibers
• Silicosis: Lung disease from silica dust
• Chronic obstructive pulmonary disease (COPD)
• Chemical-induced asthma

Neurological Conditions

• Parkinson’s disease: Linked to pesticide exposure and Camp Lejeune water
• Neuropathy: Nerve damage from chemical exposure
• Cognitive impairment: From lead, solvents, and other neurotoxins

Other Conditions

• Kidney disease: From chemical exposure
• Liver damage: From solvents and industrial chemicals
• Immune system dysfunction: From PFAS and other chemicals
• Birth defects and developmental delays: From prenatal chemical exposure

Why Attorney911 for Toxic Tort Claims

BP Explosion Litigation Experience

Attorney911 was one of the few Texas firms involved in BP explosion litigation. This experience taking on one of the world’s largest oil companies directly translates to toxic tort claims against petrochemical corporations.

Federal Court Admission

Toxic tort cases—especially mass toxic exposure cases—are often litigated in federal court. Ralph Manginello is admitted to the U.S. District Court for the Southern District of Texas, ensuring seamless representation in federal proceedings.

Insider Insurance Knowledge

Lupe Peña’s background as a former insurance defense attorney means we understand how corporations and their insurers defend toxic tort claims. We know their tactics—and how to defeat them.

“Toxic tort defense is all about causation. Defendants hire experts to argue that your cancer came from somewhere else—genetics, smoking, diet, anything except their chemicals. Having worked defense, I know how these arguments are constructed. Now I know how to take them apart.” — Lupe Peña

Documented Results

• Multi-million dollar settlement: Brain injury with vision loss in workplace accident
• Millions recovered: Wrongful death cases
• BP explosion litigation: One of the few Texas firms involved

Free consultation. No fee unless we win. Call 1-888-ATTY-911.

Contact us today | Meet our attorneys

Hablamos Español. Lupe Peña is fluent in Spanish.

Benzene Exposure: The Silent Killer in Texas Refineries

Benzene is everywhere in the petrochemical industry. It’s a component of crude oil, a building block for plastics and synthetic materials, and a solvent used in countless industrial processes. It’s also a known carcinogen that causes leukemia and other blood cancers.

Where Benzene Exposure Occurs

Refinery Workers: Workers in Houston Ship Channel refineries are exposed to benzene during processing, maintenance, and turnaround operations. Even “acceptable” occupational exposure limits may still cause cancer over time.

Petrochemical Plant Workers: Benzene is used to manufacture styrene, nylon, synthetic rubber, and other products. Plant workers face ongoing exposure.

Fence-Line Communities: Residents of Deer Park, Pasadena, Manchester, and other communities near refineries breathe benzene emissions from flares, leaks, and normal operations. The January 2024 Amnesty International report documented ongoing benzene exposure in Houston fence-line communities.

Fuel Industry Workers: Gas station attendants, fuel truck drivers, and underground storage tank workers face benzene exposure from gasoline.

Industrial Accidents: The 2005 BP Texas City explosion released 500,000 pounds of toxic chemicals—including massive amounts of benzene—leading to 25,000 benzene exposure lawsuits.

Diseases Caused by Benzene

• Acute myeloid leukemia (AML): The most common benzene-caused cancer
• Acute lymphocytic leukemia (ALL)
• Chronic myeloid leukemia (CML)
• Chronic lymphocytic leukemia (CLL)
• Non-Hodgkin’s lymphoma
• Multiple myeloma
• Aplastic anemia: Bone marrow failure
• Myelodysplastic syndrome (MDS): A pre-leukemia condition

Benzene exposure claims have resulted in significant verdicts and settlements. The $8.2 million Texas verdict for a man with leukemia from paint thinner exposure demonstrates jury willingness to hold companies accountable for benzene poisoning.

Asbestos Exposure: The Legacy That Keeps Killing

Asbestos was used for decades in refineries, power plants, shipyards, construction, and countless other industries due to its fire-resistant properties. It was known to cause fatal diseases since the early 1900s—but companies continued using it because it was cheap and effective.

The result: mesothelioma, an aggressive cancer with almost no survivors, still kills thousands of Americans annually—decades after exposure occurred.

Where Asbestos Exposure Occurred in Texas

Ship Channel Refineries: Asbestos was used extensively for insulation, gaskets, and fireproofing in Houston Ship Channel facilities built before the 1980s. Workers who performed maintenance, repair, or demolition work at these facilities were exposed.

Shipyards: Houston’s maritime industry used asbestos extensively. Shipyard workers, boilermakers, pipefitters, and insulators were heavily exposed.

Power Plants: Asbestos insulated pipes, boilers, and turbines in power generation facilities.

Construction: Asbestos was in floor tiles, ceiling tiles, insulation, drywall compound, roofing materials, and brake pads. Construction and demolition workers continue to encounter asbestos in older buildings.

Automotive Work: Brake pads and clutches contained asbestos until recently. Mechanics who performed brake work were exposed.

Diseases Caused by Asbestos

• Mesothelioma: Cancer of the lung lining (pleural mesothelioma), abdominal lining (peritoneal mesothelioma), or heart lining (pericardial mesothelioma). Almost universally fatal, with survival typically measured in months.
• Lung cancer: Asbestos causes lung cancer, especially when combined with smoking
• Asbestosis: Scarring of lung tissue causing progressive breathing difficulty
• Pleural plaques: Scarring of the lung lining
• Pleural effusion: Fluid buildup around lungs

The $18.6 million Texas asbestos verdict for a pipefitter’s mesothelioma demonstrates that juries understand the deadly consequences of corporate asbestos decisions—and will hold companies accountable even decades after exposure.

Latency: Why Asbestos Cases Are Different

Mesothelioma and asbestos-related cancers often don’t appear until 20-50 years after exposure. This “latency period” creates unique legal challenges:

• Companies that caused exposure may have gone bankrupt or merged
• Evidence of exposure may be difficult to locate decades later
• Witnesses may have died or forgotten details

However, asbestos trust funds established by bankrupt companies hold over $30 billion for victims. An experienced toxic tort attorney can identify all sources of exposure and compensation—including trusts, ongoing companies, and insurance policies.

Hydrogen Sulfide (H2S): The Deadly Gas

Hydrogen sulfide is a colorless gas with a distinctive “rotten egg” smell at low concentrations. At high concentrations—like those released in the October 2024 PEMEX Deer Park incident—you can’t smell it at all because it overwhelms the olfactory nerve.

At high concentrations, H2S kills within seconds.

H2S Exposure in Houston’s Petrochemical Industry

H2S is naturally present in crude oil and natural gas. It’s released during refining, petrochemical processing, and wastewater treatment. Houston’s concentration of refineries creates significant H2S exposure risk:

• Refinery workers: Exposure during processing and maintenance
• Offshore workers: H2S is present in many oil and gas wells
• Wastewater workers: H2S forms in sewage and industrial wastewater
• Community exposure: Releases from refineries and industrial accidents

Effects of H2S Exposure

Low concentrations (0-10 ppm): Eye irritation, headache, nausea

Moderate concentrations (10-100 ppm): Respiratory irritation, dizziness, loss of smell (olfactory fatigue)

High concentrations (100-300 ppm): Severe respiratory effects, pulmonary edema, potential death

Very high concentrations (500+ ppm): Immediate collapse and death within minutes

Survivors of high-level H2S exposure may suffer permanent neurological damage, respiratory impairment, and cognitive deficits.

The October 2024 PEMEX Deer Park H2S release killed two workers and injured 35 others—demonstrating the deadly danger of this gas. PEMEX’s pattern of toxic releases (three in 2024 alone, including benzene) shows corporate disregard for worker and community safety.

PFAS “Forever Chemicals”: The Emerging Mass Tort

Per- and polyfluoroalkyl substances (PFAS) are synthetic chemicals used in non-stick cookware, water-resistant clothing, firefighting foam, food packaging, and countless other products. They’re called “forever chemicals” because they don’t break down in the environment or the human body.

PFAS Health Effects

PFAS exposure has been linked to:

• Kidney cancer
• Testicular cancer
• Thyroid disease
• Liver damage
• Immune system dysfunction
• Ulcerative colitis
• High cholesterol
• Pregnancy complications
• Developmental effects in children

PFAS Exposure Sources

Firefighters and Military Personnel: Aqueous Film-Forming Foam (AFFF), used to fight fuel fires, contains PFAS. Firefighters and military personnel who trained with or used AFFF face elevated exposure.

Contaminated Water Supplies: PFAS from industrial facilities, military bases, and fire training areas has contaminated drinking water across Texas and the nation.

Industrial Workers: Workers manufacturing PFAS-containing products faced occupational exposure.

Texas AG PFAS Litigation

In December 2024, Texas Attorney General Ken Paxton filed a major lawsuit against 3M and DuPont—two of the largest PFAS manufacturers. The lawsuit alleges these companies knew for decades that PFAS were harmful but continued marketing them as safe.

This state action follows massive private litigation. 3M has already agreed to pay $10.3 billion to settle PFAS water contamination claims from U.S. water utilities.

Other Significant Toxic Exposures

Silica

Crystalline silica is found in sand, stone, concrete, and brick. When cut, ground, or drilled, silica becomes airborne dust that damages lungs.

At-risk workers:

• Sandblasters
• Stone countertop fabricators
• Construction workers (cutting concrete or masonry)
• Foundry workers
• Hydraulic fracturing (fracking) sand handlers

Diseases: Silicosis (progressive, incurable lung disease), lung cancer, kidney disease, autoimmune disorders.

Lead

Lead poisoning causes neurological damage, developmental delays in children, and a range of other health effects. Exposure sources include old paint, contaminated soil, industrial operations, and drinking water (from lead pipes or fixtures).

Formaldehyde

Formaldehyde is used in building materials, household products, and industrial processes. It’s a known carcinogen linked to nasopharyngeal cancer and leukemia. Residents of FEMA trailers after Hurricane Katrina suffered formaldehyde exposure from trailer construction materials.

Paraquat

Paraquat is a highly toxic herbicide linked to Parkinson’s disease. Agricultural workers and those who lived near farms where paraquat was sprayed may have claims.

Roundup (Glyphosate)

Bayer (formerly Monsanto) faces billions in claims alleging that Roundup herbicide causes non-Hodgkin’s lymphoma. Juries have awarded hundreds of millions to individual plaintiffs.

Proving Causation: The Heart of Every Toxic Tort Case

Toxic tort defendants don’t usually deny that their chemicals are toxic. They argue that their chemicals didn’t cause your specific illness. This is the causation battle—and it’s where toxic tort cases are won or lost.

General Causation

First, you must prove that the substance in question CAN cause the disease you have. For well-established toxins like benzene (leukemia) or asbestos (mesothelioma), general causation is usually not disputed. For emerging toxins like PFAS, establishing general causation may require more work.

General causation is typically proven through:

• Epidemiological studies showing increased disease rates in exposed populations
• Animal studies demonstrating toxic effects
• Biological plausibility (understanding the mechanism of harm)
• Regulatory determinations (EPA, IARC, OSHA classifications)

Specific Causation

Next, you must prove that your exposure to this particular defendant’s product caused your specific illness. This is where defendants fight hardest:

• “Other causes”: They’ll argue genetics, lifestyle, smoking, or other exposures caused your disease
• “Dose matters”: They’ll argue your exposure was too low to cause disease
• “Wrong disease”: They’ll argue their chemical causes different diseases than yours

Proving specific causation typically requires:

• Medical records documenting your disease
• Evidence of your exposure (work history, residential history, product use)
• Expert testimony connecting your exposure to your disease
• Ruling out other potential causes

The Role of Expert Witnesses

Toxic tort cases are expert-intensive. Typical experts include:

• Toxicologists: Explain how chemicals cause disease
• Epidemiologists: Testify about disease patterns in exposed populations
• Oncologists/Physicians: Testify about your specific disease and its cause
• Industrial hygienists: Reconstruct exposure levels
• Economists: Calculate damages including lost income and medical costs

Attorney911 works with qualified experts to build compelling causation cases. Lupe Peña’s defense background gives us insight into how defendants challenge causation—allowing us to anticipate and defeat those arguments.

The Latency Challenge: When Disease Appears Decades Later

Many toxic exposure diseases don’t appear until years or decades after exposure:

• Mesothelioma: 20-50 years after asbestos exposure
• Leukemia: 5-15 years after benzene exposure (but can be shorter)
• Silicosis: 10-20 years after silica exposure
• Lung cancer: Years to decades depending on exposure

This creates challenges:

• Statute of limitations: When does the clock start running? Usually from discovery of the disease, but rules vary
• Evidence loss: Companies may have destroyed records; witnesses may have died
• Bankruptcy: Companies that caused exposure may no longer exist

Experienced toxic tort attorneys know how to address latency issues, identify responsible parties (including successor companies and trust funds), and preserve your claims.

Mass Toxic Exposure: Community Claims

Sometimes toxic exposure affects entire communities—like Fifth Ward, Manchester, or Texas City after the BP explosion. These mass toxic exposure cases raise additional complexities:

Class Actions vs. Individual Claims

Mass toxic exposures can be pursued as class actions (where one lawsuit represents an entire group) or as individual claims (each person files separately). Each approach has advantages:

Class actions: More efficient, shared resources, uniform outcome for all members

Individual claims: Each person’s damages calculated individually, no settlement binding you without consent, potentially higher individual recoveries

We evaluate each mass exposure situation to recommend the best approach.

Multi-District Litigation (MDL)

For large-scale toxic exposures affecting people across multiple states, cases may be consolidated in Multi-District Litigation (MDL) for pretrial proceedings. Camp Lejeune cases, for example, are being handled through MDL procedures.

Ralph Manginello’s federal court admission allows representation in MDL proceedings.

Contact Attorney911 for Toxic Exposure Claims

If you or a loved one has been diagnosed with cancer, respiratory disease, or other illness that may be linked to toxic exposure—whether from workplace chemicals, industrial pollution, contaminated water, or consumer products—you may have a toxic tort claim.

Attorney911 offers:

• BP explosion litigation experience: We’ve taken on one of the world’s largest oil companies
• Federal court admission: Essential for complex toxic tort litigation
• Insider defense knowledge: Lupe Peña knows how companies defend these claims
• Network of experts: Toxicologists, epidemiologists, and medical experts
• Statewide coverage: Houston, Beaumont, Austin offices

Free consultation. No fee unless we win. Call 1-888-ATTY-911.

Contact us today | Meet our attorneys

The Toxic Tort Legal Process

Toxic tort cases are among the most complex in personal injury law. They require extensive investigation, sophisticated medical and scientific evidence, and experience against corporate defendants with unlimited resources. Here’s how Attorney911 approaches these challenging cases.

Phase 1: Initial Consultation and Case Evaluation

During your free initial consultation, we evaluate:

• Your diagnosis: What disease or condition do you have?
• Exposure history: Where might you have been exposed to toxic substances? Work history, residential history, military service, product use.
• Timeline: When did exposure occur? When were you diagnosed? Is the timing consistent with known latency periods?
• Documentation: What records exist? Medical records, employment records, military service records.

If we believe you have a viable claim, we proceed to investigation at no upfront cost.

Phase 2: Investigation

We build your case through comprehensive investigation:

Exposure Reconstruction:

• Detailed work and residential history
• Identification of products containing toxic substances used in your workplaces or homes
• Review of industrial hygiene records, if available
• Subpoenas for employment records, safety records, and product information

Medical Evidence:

• Complete medical record review
• Consultation with treating physicians
• Independent medical examinations if needed
• Expert medical opinions on causation

Defendant Identification:

• Identifying all companies whose products or operations caused exposure
• Tracing corporate successors, mergers, and acquisitions
• Identifying bankruptcy trusts with funds available for victims
• Locating insurance policies that may cover claims

Phase 3: Expert Consultation

Toxic tort cases require expert testimony on causation. We engage:

• Toxicologists: To explain how the toxin causes disease
• Epidemiologists: To testify about disease patterns in exposed populations
• Treating physicians and oncologists: To testify about your specific diagnosis and its cause
• Industrial hygienists: To reconstruct exposure levels
• Life care planners: To project future medical costs
• Economists: To calculate lost income and earning capacity

These experts are expensive—often costing tens of thousands of dollars. Attorney911 fronts all expert costs; you pay nothing unless we recover compensation.

Phase 4: Filing Claims

Depending on your situation, we may pursue multiple tracks:

Direct Lawsuit: Civil suit against companies whose products or operations caused your exposure

Multiple Defendants: Filing against all potentially responsible parties—manufacturers, employers, property owners

Bankruptcy Trust Claims: Filing claims with asbestos bankruptcy trusts or other trust funds established for victims

Administrative Claims: For certain exposures (like Camp Lejeune), administrative claim filing with government agencies

Phase 5: Discovery and Litigation

If defendants don’t offer fair settlement, we pursue litigation:

Written Discovery:

• Interrogatories (written questions defendants must answer)
• Document requests (demanding safety records, internal communications, product information)
• Requests for admission (forcing defendants to admit or deny key facts)

Depositions:

• Deposing corporate representatives about their knowledge of product dangers
• Deposing company experts
• Defending your deposition

Expert Reports:

• Submitting detailed expert reports on causation and damages
• Challenging defense expert opinions

Phase 6: Settlement or Trial

Most toxic tort cases settle before trial, but having trial capability is essential for leverage. Defendants who know you’re ready for trial offer better settlements.

Settlement: Negotiating fair compensation based on the strength of your evidence

Mediation: Structured negotiations with a neutral mediator

Trial: Presenting your case to a jury if defendants won’t pay fair value

Ralph Manginello’s 25+ years of trial experience and federal court admission ensure you’re prepared for whatever approach produces the best result.

Phase 7: Resolution

When your case resolves:

• We negotiate reductions of medical liens and subrogation claims
• We ensure structured settlements (if appropriate) are properly documented
• We maximize your net recovery

Beaumont and Golden Triangle: Concentrated Industrial Exposure

Attorney911’s Beaumont office serves clients throughout Southeast Texas—a region with some of the highest concentrations of petrochemical facilities in the world.

The Golden Triangle’s Toxic Burden

The Golden Triangle—Beaumont, Port Arthur, and Orange—hosts massive refining and petrochemical operations:

Port Arthur:

• Motiva Port Arthur Refinery: The largest refinery in North America, processing 635,000 barrels per day
• Total Port Arthur Refinery
• Valero Port Arthur Refinery
• BASF Port Arthur: Chemical manufacturing

Beaumont:

• ExxonMobil Beaumont Refinery
• ExxonMobil Beaumont Chemical Plant
• Huntsman Corporation

Orange:

• DuPont (now Chemours) facility
• Multiple petrochemical operations

Historical Toxic Exposure in Southeast Texas

Southeast Texas communities have decades of toxic exposure history:

Refinery emissions: Ongoing emissions of benzene, butadiene, and other carcinogens from normal refinery operations

Industrial accidents: Explosions, releases, and fires from Ship Channel and Golden Triangle facilities

Legacy contamination: Historical industrial operations contaminated soil and groundwater

Worker exposure: Generations of refinery and petrochemical workers exposed to occupational toxins

Southeast Texas Communities at Risk

Fence-line communities in Southeast Texas face elevated exposure:

• West Port Arthur: Predominantly low-income community adjacent to multiple refineries
• Port Acres: Near Motiva and other facilities
• Beaumont’s South End: Near ExxonMobil complex

These communities—like Houston’s Manchester and Fifth Ward—are environmental justice communities that bear disproportionate pollution burdens.

Counties Served from Beaumont

• Jefferson County: Beaumont, Port Arthur, Nederland, Groves, Port Neches
• Orange County: Orange, Vidor, Bridge City, West Orange
• Hardin County: Silsbee, Lumberton, Kountze
• Jasper County: Jasper, Kirbyville
• Newton County: Newton

Austin: Workers and Veterans

While Austin lacks the petrochemical industry concentration of Houston and Beaumont, Central Texas residents face toxic exposure through:

Occupational Exposure

• Construction workers: Asbestos and silica exposure in construction and renovation
• Manufacturing workers: Chemical exposure in electronics and semiconductor manufacturing
• Healthcare workers: Exposure to chemicals, pharmaceuticals, and sterilization agents

Military Veterans

Texas has one of the largest veteran populations in the nation. Austin-area veterans may have toxic exposure claims from:

• Camp Lejeune water contamination: Service between 1953-1987
• Agent Orange exposure: Vietnam-era service
• Burn pit exposure: Iraq and Afghanistan service
• AFFF firefighting foam: Military firefighters and others exposed to PFAS

The Camp Lejeune Justice Act allows veterans and family members to file claims for diseases linked to contaminated water—with over $21 billion expected in payouts.

Consumer Product Exposure

• PFAS in water or consumer products
• Roundup and other herbicides
• Paraquat exposure near agricultural areas
• Defective pharmaceutical products

Types of Compensation in Toxic Tort Cases

Toxic tort victims can recover substantial compensation for their injuries:

Economic Damages

Past Medical Expenses: All treatment costs from diagnosis through present—hospitalizations, surgeries, chemotherapy, radiation, medications, rehabilitation.

Future Medical Expenses: Projected lifetime costs including:

• Ongoing cancer treatment
• Medications
• Monitoring and follow-up care
• Palliative care (for terminal diagnoses)
• Home health care
• Medical equipment

For mesothelioma and other terminal diagnoses, future medical expenses can total hundreds of thousands of dollars for the remaining life expectancy.

Past Lost Wages: Income lost from date of diagnosis through present.

Future Lost Earning Capacity: If you’re unable to work—or can only work reduced hours—you can recover future lost income. For terminal diagnoses, this includes all income you would have earned through your working life.

Out-of-Pocket Expenses: Travel costs for treatment, home modifications, caregiver expenses, and other costs resulting from your illness.

Non-Economic Damages

Pain and Suffering: Physical pain from the disease and its treatment. Chemotherapy, radiation, and cancer surgery cause significant suffering.

Mental Anguish: Emotional suffering, anxiety, depression, fear of death. A cancer diagnosis produces profound mental anguish that deserves compensation.

Disfigurement: Physical changes from disease or treatment—surgical scarring, hair loss, weight changes.

Loss of Enjoyment of Life: Inability to participate in activities you previously enjoyed.

Loss of Consortium: Impact on relationship with your spouse. Your spouse may have a separate claim.

Punitive Damages

In cases involving gross negligence—conscious disregard for safety—punitive damages may be available. Evidence that might support punitive damages:

• Company knew their product or emissions caused disease but concealed the information
• Falsified safety data or test results
• Continued operations despite knowing they were poisoning workers or communities
• Repeated violations of environmental or safety regulations

PEMEX’s three illegal toxic releases in 2024—after being on notice of the dangers—could potentially support punitive damage claims by affected workers and community members.

Wrongful Death Damages

If a loved one died from toxic exposure, surviving family members can bring wrongful death claims for:

• Pecuniary losses (financial support the deceased would have provided)
• Loss of companionship, guidance, and consortium
• Mental anguish from the loss
• Funeral and burial expenses

Survival claims may also be available for damages the deceased could have recovered—pain and suffering, medical expenses—from the time of diagnosis through death.

For more information: Wrongful Death Claims

Why Corporations Fight Toxic Tort Claims

Understanding why defendants fight so hard helps explain what you’re up against—and why you need experienced representation.

Catastrophic Financial Exposure

A single toxic tort verdict can cost hundreds of millions of dollars. More importantly, one verdict can open the floodgates to thousands of similar claims. When BP faced 25,000 benzene exposure claims from Texas City, the total exposure was in the billions.

Companies will spend enormous sums defending these cases because losing is existentially threatening.

Precedent Concerns

Admissions in one case can be used in others. Companies fight to prevent any acknowledgment that their products or operations cause disease.

Regulatory Implications

Toxic tort verdicts can trigger increased regulatory scrutiny. The April 2024 EPA announcement of stricter toxic air pollution regulations for Houston Ship Channel chemical plants reflects pressure from litigation and advocacy.

Sophisticated Defense

Petrochemical companies, asbestos manufacturers, and pharmaceutical companies hire the best defense lawyers and expert witnesses money can buy. Their strategies include:

• Attacking causation: Hiring experts to argue your disease came from something other than their product
• Exploiting latency: Arguing that decades-old exposure is unprovable
• Minimizing exposure: Claiming your contact with their product was too brief or too minor
• Blaming lifestyle: Pointing to smoking, diet, genetics, or other factors
• Delay and attrition: Drawing out cases hoping plaintiffs (especially terminally ill ones) will give up or die

Lupe Peña’s background as a defense attorney means we understand these tactics—and know how to defeat them.

Why Attorney911 for Toxic Tort Claims

BP Explosion Litigation Experience

Attorney911 was one of the few Texas firms involved in BP explosion litigation. This experience taking on one of the world’s largest corporations provides:

• Understanding of mass toxic exposure cases
• Experience against sophisticated corporate defendants
• Knowledge of petrochemical industry practices
• Credibility with courts and opposing counsel

Federal Court Capability

Complex toxic tort cases—especially those involving defendants from multiple states—are often litigated in federal court. Ralph Manginello’s admission to the U.S. District Court for the Southern District of Texas ensures seamless representation in federal proceedings, including Multi-District Litigation.

Insider Defense Knowledge

Lupe Peña’s experience as a former insurance defense attorney provides invaluable insight into how toxic tort defendants think, strategize, and evaluate claims.

“Toxic tort defense is fundamentally about breaking the chain between exposure and disease. I’ve watched defense experts testify that someone’s leukemia came from family history when the plaintiff worked with benzene for 20 years. I know how to expose false causation arguments and hold companies accountable.” — Lupe Peña

Resources to Win

Toxic tort cases are expensive to prosecute. Expert witnesses, medical consultants, industrial hygienists, economists—building a winning case requires significant investment. Attorney911 fronts all costs; you pay nothing unless we recover compensation.

Bilingual Services

Many toxic exposure victims in Houston’s fence-line communities are Spanish-speaking. Lupe Peña is fluent in Spanish, ensuring full legal representation without language barriers. Hablamos español.

Free consultation. No fee unless we win. Call 1-888-ATTY-911.

Contact us today | Meet our attorneys

Frequently Asked Questions About Texas Toxic Tort Claims

What is a toxic tort?

A toxic tort is a legal claim for injuries caused by exposure to toxic substances—chemicals, pollutants, contaminated water, pharmaceutical drugs, or other hazardous materials. Toxic tort claims are civil lawsuits seeking compensation for medical expenses, lost income, pain and suffering, and other damages caused by toxic exposure.

How do I know if I have a toxic tort claim?

You may have a claim if you have a disease or condition that could be caused by toxic exposure, and you have a history of exposure to toxic substances. Common links include:

• Leukemia or blood cancer after benzene exposure
• Mesothelioma after asbestos exposure
• Respiratory disease after chemical or dust exposure
• Cancer after living near industrial facilities
• Illness after drinking contaminated water

Attorney911 offers free consultations to evaluate whether exposure may have caused your illness.

How long do I have to file a toxic tort lawsuit in Texas?

Texas has a two-year statute of limitations for personal injury claims, which generally runs from the date you discover your injury (or should have discovered it). However, the timing of toxic tort claims is complex because:

• Diseases may not appear until decades after exposure
• Causation may not be clear until after diagnosis
• Different types of claims have different limitations periods

Do not assume you’ve waited too long. Contact an attorney immediately to evaluate your rights.

I was exposed to toxic chemicals at work. Can I sue my employer?

In Texas, if your employer has workers’ compensation insurance, you generally cannot sue your employer for work-related injuries—including toxic exposure. Workers’ comp provides your “exclusive remedy” against your employer.

However, you may have claims against:

• Manufacturers of toxic products used in your workplace
• Third-party companies whose operations exposed you
• Property owners if you worked at their facility
• Your employer if they’re a workers’ comp non-subscriber

You can collect workers’ comp benefits while pursuing third-party toxic tort claims.

I live near a refinery/chemical plant. Can I sue for air pollution exposure?

Potentially, yes. Fence-line communities near petrochemical facilities face elevated cancer risks from ongoing emissions. If you live near industrial operations and have been diagnosed with cancer or other disease that may be pollution-related, you may have claims against the polluting companies.

Proving individual causation for ongoing air pollution is challenging but can be done with proper epidemiological and medical evidence. Attorney911’s BP explosion litigation experience includes understanding community-wide toxic exposure claims.

What if I was exposed to multiple toxic substances?

Many workers—especially in refineries, construction, and manufacturing—were exposed to multiple toxic substances over their careers. You don’t have to identify a single cause. Claims can be made against all companies whose products or operations contributed to your illness.

For asbestos cases in particular, most victims were exposed to asbestos from multiple manufacturers’ products. Each manufacturer may be partially responsible.

The company that exposed me went bankrupt. Can I still recover compensation?

Often, yes. Many asbestos manufacturers and other companies that caused toxic exposure filed bankruptcy to manage claims. As part of bankruptcy proceedings, they established trusts to pay future victims. Over $30 billion is currently held in asbestos bankruptcy trusts.

We identify all potential sources of compensation—including bankruptcy trusts, surviving companies, successor companies, and insurance policies.

How much is my toxic tort case worth?

Case value depends on many factors:

• Disease severity: Terminal cancers like mesothelioma have higher values than treatable conditions
• Medical expenses: Past and future treatment costs
• Lost income: Past and future earning capacity
• Pain and suffering: Physical and emotional impact
• Strength of causation evidence: How clearly exposure caused your disease
• Defendant conduct: Whether there’s evidence of concealment or egregious behavior

Texas benzene verdicts have reached $8.2 million. Asbestos verdicts have exceeded $18 million. BP settled 25,000 benzene exposure claims. Case values vary widely, but substantial compensation is possible.

How long do toxic tort cases take?

Toxic tort cases are complex and often take 1-3 years or longer to resolve. However, for plaintiffs with terminal diagnoses like mesothelioma, courts may grant expedited trials.

The timeline depends on:

• Number of defendants
• Complexity of causation issues
• Whether defendants are willing to settle
• Court schedules

Do I need an attorney for a toxic tort claim?

Absolutely. Toxic tort claims are among the most complex in personal injury law. They require:

• Understanding of complex scientific and medical causation
• Expert witnesses (toxicologists, epidemiologists, treating physicians)
• Resources to investigate decades-old exposure
• Ability to fight major corporations with unlimited defense budgets

Without experienced toxic tort representation, you’re unlikely to recover fair compensation.

What does it cost to hire a toxic tort attorney?

Attorney911 works on contingency—you pay no attorney fees unless we recover compensation. We also front all case costs, including expert witness fees that can total tens of thousands of dollars. If we don’t win, you owe us nothing.

I served at Camp Lejeune. Am I eligible for compensation?

You may be eligible if:

• You lived or worked at Camp Lejeune for at least 30 days between August 1, 1953, and December 31, 1987
• You developed health issues that may be linked to contaminated water

Covered conditions include various cancers, Parkinson’s disease, kidney disease, and other illnesses. The federal government anticipates paying over $21 billion to victims. Filing a claim does NOT affect your VA disability or healthcare benefits.

My family member died from toxic exposure. Can I sue?

Yes. Surviving family members (spouse, children, parents in some cases) can bring wrongful death claims for damages including:

• Loss of financial support
• Loss of companionship and guidance
• Mental anguish
• Funeral expenses

Additionally, “survival claims” may be available for damages the deceased could have recovered—medical expenses, pain and suffering—during their illness.

Can I file a claim against a pharmaceutical company for a dangerous drug?

Yes. If you were harmed by a defective or dangerous pharmaceutical drug, you may have product liability claims against the manufacturer. Mass tort litigation is ongoing against numerous drug manufacturers.

Environmental and Toxic Exposure Resources

Texas Commission on Environmental Quality (TCEQ)

TCEQ is Texas’s environmental regulatory agency. It maintains air quality monitoring data, issues permits, and investigates environmental complaints.

• Environmental complaint hotline: 1-888-777-3186
• Website: www.tceq.texas.gov
• Air quality data: www.tceq.texas.gov/airquality

Note: A 2017 Texas law grants the state the ability to override local lawsuits and negotiate smaller settlements with polluters. Harris County officials have expressed concern that this has led to significantly lower penalties for environmental violations.

Environmental Protection Agency (EPA)

EPA enforces federal environmental laws and investigates toxic contamination. EPA is overseeing the Fifth Ward creosote contamination investigation.

• Region 6 (Texas): www.epa.gov/region6
• Superfund sites: www.epa.gov/superfund
• Air toxics: www.epa.gov/air-toxics

In April 2024, EPA announced new stringent regulations targeting toxic air pollution from chemical plants, including Houston Ship Channel facilities—specifically targeting carcinogens like chloroprene and ethylene oxide.

Agency for Toxic Substances and Disease Registry (ATSDR)

ATSDR, part of the CDC, provides toxicological information and conducts health assessments for contaminated sites.

• ToxFAQs (chemical fact sheets): www.atsdr.cdc.gov/toxfaqs
• Toxicological profiles: www.atsdr.cdc.gov/toxprofiledocs

Occupational Safety and Health Administration (OSHA)

OSHA sets and enforces occupational exposure limits for toxic substances.

• OSHA complaint hotline: 1-800-321-OSHA (6742)
• Permissible Exposure Limits: www.osha.gov/annotated-pels

Texas Department of State Health Services (DSHS)

DSHS investigates cancer clusters and maintains the Texas Cancer Registry.

• Texas Cancer Registry: www.dshs.texas.gov/texas-cancer-registry

DSHS confirmed the Fifth Ward cancer cluster in 2019 and 2021.

Environmental Advocacy Organizations

Multiple organizations advocate for environmental justice in Houston’s fence-line communities:

• Air Alliance Houston
• Texas Environmental Justice Advocacy Services (TEJAS)
• Earthjustice Texas Office

Camp Lejeune Resources

For veterans and family members affected by Camp Lejeune water contamination:

• VA Camp Lejeune information: www.va.gov/disability/eligibility/hazardous-materials-exposure/camp-lejeune-water-contamination
• Camp Lejeune Justice Act claims

Contact Attorney911: Standing with the Poisoned

When corporations put profits over people—releasing carcinogens into working-class neighborhoods, concealing known dangers from workers, violating environmental regulations that exist to protect human life—the consequences fall on ordinary Texans.

A refinery worker breathing benzene for 20 years until he develops leukemia.

A pipefitter exposed to asbestos in the 1970s who’s now dying of mesothelioma.

A family in Manchester who buried their mother after cancer took her at 58.

Children in Fifth Ward playing above creosote-contaminated soil their parents didn’t know existed.

These aren’t acceptable costs of doing business. These are victims of corporate negligence who deserve compensation—and who deserve lawyers willing to fight for them.

Attorney911 is that firm.

Our Toxic Tort Team

Ralph Manginello, Managing Partner

• Texas Bar since 1998 (25+ years experience)
• U.S. District Court admission—Southern District of Texas
• BP explosion litigation experience—taking on one of the world’s largest corporations
• Federal court trial experience

Learn more about Ralph Manginello

Lupe Peña, Associate Attorney

• Former insurance defense attorney—knows how toxic tort defendants minimize claims
• Insider knowledge of causation defense strategies
• Fluent in Spanish—essential for serving Houston’s fence-line communities
• 3rd generation Texan

Office Locations

Houston Office (Headquarters)
Attorney911 – The Manginello Law Firm, PLLC
1177 W Loop S Suite 1600
Houston, TX 77027
Phone: (713) 528-9070

Serving toxic exposure victims throughout:

• Houston Ship Channel communities (Deer Park, Pasadena, Channelview, Galena Park, Baytown, La Porte, Texas City)
• Fence-line communities (Manchester, Fifth Ward, Kashmere Gardens, Harrisburg)
• Harris County, Galveston County, Chambers County, Brazoria County

Beaumont Office
Serving toxic exposure victims throughout Southeast Texas including:

• Golden Triangle refinery communities (Port Arthur, Beaumont, Orange)
• Industrial fence-line communities
• Jefferson County, Orange County, Hardin County

Austin Office
Serving toxic exposure victims throughout Central Texas including:

• Veterans with Camp Lejeune, Agent Orange, or burn pit exposure claims
• Workers with occupational toxic exposure
• Travis County, Williamson County, Hays County

Related Practice Areas

• Refinery and Plant Accidents
• Construction Accidents (asbestos, silica exposure)
• Offshore Injury Accidents
• Wrongful Death Claims
• Insurance Claim Disputes

The Statistics Demand Action

• Manchester residents: 22-30% higher cancer risk than other Houston communities
• Fifth Ward: Confirmed cancer cluster—elevated liver, lung, and childhood leukemia
• PEMEX October 2024: 2 killed, 35 injured—third illegal toxic release that year
• BP Texas City: 500,000 pounds toxic chemicals released, 25,000 benzene lawsuits
• $18.6 million: Texas asbestos verdict for mesothelioma
• $8.2 million: Texas benzene verdict for leukemia
• $21 billion: Expected Camp Lejeune payouts

Contact Us Now

Free consultation. Confidential. No obligation.

• Call 24/7: 1-888-ATTY-911
• Phone: (713) 528-9070
• Email: ralph@atty911.com
• Online: Contact Form

Hablamos Español. Lupe Peña is fluent in Spanish—essential for serving Houston’s fence-line communities where Spanish is often the first language.

We don’t get paid unless we win your case.

They poisoned you. We’ll make them pay.

BP Explosion Litigation Experience | Federal Court | Houston Ship Channel

Call 1-888-ATTY-911 now.