Asbestos Defense Litigation
Asbestos cases must be thoroughly examined. This includes identifying asbestos-related products and locating potential defendants. This could include gathering information from family members, coworkers, members, abatement workers, and studying documents.
Cetrulo LLP has served as the national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and collaborate with local counsel to develop efficient, cost-effective defense strategies.
Asbestos Product Identification
Asbestos can be found in a myriad of building materials -- cement products, paints, floor tiles, adhesives artex, insulation, and doors to name just the most common. It is difficult to determine if a material contains or does not contain asbestos by its appearance. A certified environmental surveyor can conduct an inspection to determine the presence of asbestos.
When asbestos fibres become airborne, they are very small and light - meaning they can travel long distances even through closed windows or doors. Once they reach the lungs they can cause serious health issues. Asbestos is most dangerous when it becomes damaged and releases harmful fibres into the air. It is very important to not disturb or remove building materials unless they have been properly labelled and accompanied by an inspection.
Due to the long time between asbestos exposure and disease it can be very difficult to obtain a meaningful evidence in an asbestos lawsuit. There are also significant issues relating to the admissibility and testimony of expert witnesses for plaintiffs and the causal link between exposure to asbestos and the development of disease.
In these cases, asbestos defense lawyers can typically argue for summary judgement based on the absence of factual basis. Imagine, for example, that plaintiff Paul was involved in a multi vehicle accident in New York City. He is not aware of the date, location, cars involved or any other information that could lead to the conclusion that defendant David was liable for his injuries.
A New York mesothelioma attorney with expertise in this field should be consulted. They will review all the facts and documents, including any expert reports, to determine if summary judgment is the appropriate remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can aid their clients in this procedure. Asbestos law firms across the country can assist their clients file their claims in the best jurisdiction. This could include the State of New York, or a federal district court located in New York City.
Asbestos Disease Identification
Although asbestos is no longer mined or processed in the United States, it still exists in buildings and products that were manufactured prior to 1989. These products can release fibers into the air when they begin to degrade. They can be breathed in. These fibers can cause many lung ailments.
Lung diseases resulting from asbestos exposure include the pleural disease (pleural plaques, thickening and effusions), asbestosis and mesothelioma. Inhaling asbestos fibers can trigger many symptoms, such as chest pain, fatigue and a shortness of breath. These symptoms might not show up until decades after exposure to asbestos.
All forms of asbestos, including chrysotile are carcinogenic for humans. Asbestos exposure can cause cancers of larynx, lungs, and ovaries. It can also cause a form of mesothelioma within the linings found in body cavities, such as the heart, stomach and testes. Mesothelioma can be difficult to diagnose, since it has a long, latent period and has many symptoms that are comparable with other conditions such as rheumatoid arthritis and sarcoidosis.
People most likely to suffer from asbestos-related diseases are those who directly with asbestos or had exposure to significant environmental hazards. This includes construction workers, boilermakers, and shipyard workers. Additionally, there are railroad and U.S. Navy vets and those who assisted in cleaning up after the terrorist attacks of September 11, 2001. These people may be suffering from chest pain, coughing or breathing problems.
A doctor can determine whether an individual suffers from an asbestos-related disease by reviewing the medical history, work and family histories. X-rays and CT scans can confirm an asbestos-related illness. Patients with asbestosis are advised to have a lung function test. who asbestos litigation law will help keep track of their condition. The test can identify asbestosis ' progression and also identify other health problems that may be associated with the disease. Patients suffering from asbestosis should get regular vaccinations to avoid other respiratory diseases such as psoriasis. The EPA has a TSCA Hotline as and an asbestos Ombudsman who can provide more information and support.
Asbestos Database Development
Asbestos is composed of fibrous minerals. It was extensively used in the construction and industry because of its durability and fire retardant as well as corrosion resistance properties. Inhaling asbestos particles can trigger numerous medical issues, including mesothelioma, lung cancer, other organs, and neurological disorders. These illnesses can take up to 30 years or longer to appear.
In many asbestos cases, there are multiple defendants and complex discovery. This can be a challenge when the asbestos products involved in a case cannot be identified. To determine the asbestos products involved the need for forensic experts in addition to a variety of investigative tools and methods, such as interviewing former coworkers, collecting invoices and delivery documents, and taking samples at home and work. The type of asbestos -amosite, chrysotile or crocidolite -- must also be determined.
We have a wealth of experience defense of companies that are involved in the asbestos industry. This includes product manufacturers distributors, suppliers and manufacturers as well as contractors. Our team has served as National Coordinating Counsel and Trial Counsel for numerous clients in asbestos litigation and has defended these companies in numerous jurisdictions across the nation. We also serve as Defense liaison counsel for various asbestos dockets across these states, where we oversee the regional and local attorneys to ensure consistent and efficient defense strategies and results.
Our national approach to managing asbestos defense has proven to be efficient. In numerous instances, it has reduced legal costs by millions of dollars compared to the amount companies paid to other firms. This unique and aggressive method of managing asbestos cases has been acknowledged by the courts across the country.
We are also experienced in defense of mass toxic tort lawsuits brought against manufacturers of pharmaceutical and industrial chemicals and petroleum chemicals. These lawsuits are based on claims that exposure to these chemicals can cause illnesses such as occupational asthma, restrictive and obstructive pulmonary disorders, and a variety of neurological disorders.
Medical Expert Witnesses
Expert medical witnesses are essential in asbestos cases, primarily because the signs of exposure to asbestos are easily confused with other ailments such as emphysema or other types of lung cancer. It is essential that lawyers have access to these experts who can help differentiate the different diseases and show the way each disease is a result of different exposures.
The most reliable source of this evidence is found in the medical records of asbestos victims. X-rays, CT scans and biopsy samples are typically available for examination. To make the most out of these data, medical experts must sort through the information and offer their opinions on probabilities, causes, and other issues.
The medical experts involved in asbestos cases are typically well-known and have testified in dozens or even hundreds of other cases. This credibility boosts the credibility of these experts in the eyes the jury. These doctors have a great deal of experience in preparing to be witnesses, and they know how best to respond to questions from defendants and how to present their findings to the judge.
In addition to medical professionals in addition, it is essential to have scientific experts to testify about the various causes of asbestos diseases. It is not enough to prove that the victim has mesothelioma. It has to be shown how asbestos exposure exposed the plaintiff to carcinogens and the reason smoking increased the risk of mesothelioma.
Expert witness fees can account for an enormous portion of overall costs associated with an asbestos case. It is therefore crucial that the defense attorney is able to quickly identify and select the most qualified expert witness for the particular case.
At Swartz Campbell, we counsel material manufacturers, suppliers distributors, premises owners employers, employers and other defendants in asbestos cases in state and federal courts across the nation. Our team of experienced and dedicated attorneys is well-versed in asbestos litigation, offensively and defensively. Contact us today to find out how we can help you.