Asbestos Defense Litigation
Asbestos cases need to be thoroughly investigated. This includes identifying asbestos-related products and locating potential defendants. This could involve obtaining information from relatives, coworkers or abatement workers and studying documents and other materials.
Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets and coordinate with local attorneys to achieve the same, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is found in hundreds of building materials - cement products, paints, floor tiles, adhesives artex, insulation, and doors to name just the most common. It is difficult to determine whether a particular product has asbestos or not simply by looking at it. A professional environmental surveyor is able to conduct an inspection to determine whether the material is contaminated with asbestos.
Asbestos fibers are tiny and light, so they can travel for a long distance even through closed doors and windows. Once they reach the lungs they can lead to the development of serious health conditions. Asbestos can be dangerous when it becomes damaged and releases deadly fibres into the air. This is why it's very crucial that building materials never be removed or disturbed without being properly labeled and supported by a professional inspection.
Due to the lengthy latency between asbestos exposure and illness, it is very difficult to obtain meaningful discovery in an asbestos action. In addition, there are significant issues related to the admissibility of plaintiffs' experts and testimony about the causal link between asbestos exposure and disease.
In these kinds of situations asbestos defense lawyers are often able to argue for summary judgement due to the lack of a factual basis. Consider, for instance, that plaintiff Paul was involved in an accident involving multiple vehicles in New York City. However, he does not have details about the date or location of the accident, the cars involved or any other details that could help to determine that defendant David is liable for his injuries.
A New York mesothelioma attorney with experience in this area should be consulted. They will look over the details of the case and any expert reports or other documentation to determine if summary judgment is an appropriate remedy. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy are able to assist their clients with this process. Asbestos firms who practice across the country can also assist their clients with filing their claims in the most advantageous jurisdiction. This could include the State of New York or a federal court located in New York City.
Asbestos Disease Identification
Asbestos is not mined anymore in the United States. However, it is still found in buildings and products manufactured before 1989. When these products deteriorate, they release tiny fibers into air that are inhaled by people who are near. These fibers can cause various lung ailments.
Lung diseases caused by asbestos exposure include mesothelioma, asbestosis and pleural disease. People who breathe in asbestos fibers can experience a range of symptoms like chest pain, fatigue and shortness of breath. These symptoms could not be noticed for a long time after an asbestos exposure.
All forms of asbestos including chrysotile, are carcinogenic to humans. Asbestos exposure can cause cancers of the lungs, larynx, and the ovaries. It can also trigger a type of mesothelioma in the linings that line body cavities, such as the stomach, heart and testes. Mesothelioma isn't easy to identify, as it has a lengthy latent period and has many symptoms that are comparable with other diseases, like sarcoidosis and rheumatoid arthritis.
People most likely to suffer asbestos-related illnesses are those who directly with asbestos or were exposed to a significant amount of environmental toxins. This includes construction workers, boilermakers and shipyard workers. Also included are railroad and U.S. Navy vets and those who worked to clean up after the terrorist attacks of September 11, 2001. Some of the symptoms of the people who suffer from these conditions include breathing difficulties coughing, chest pain and chest pain.
asbestos defense litigation can determine whether an individual suffers from an asbestos-related illness by looking over the medical, work and family history. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos-related illness. Patients who are diagnosed with asbestosis should undergo a yearly pulmonary function test to monitor the condition. The test will help detect the progress of asbestosis and determine other health issues that could be related to this condition. Patients with asbestosis should also be vaccinated regularly to prevent other respiratory diseases such as psoriasis. The EPA has a TSCA Hotline as well as an Asbestos Ombudsman who can provide more information and support.
Asbestos Database Development
Asbestos is one of the fibrous minerals that were extensively used in industrial and construction settings because of its durable as well as fire-proof and corrosion resistant properties. Inhaling asbestos particles can cause various health issues that include mesothelioma which is lung cancer and other organs, as well as neurological disorders. These illnesses can be seen for over a period of 30 years or more.
Many asbestos cases involve multiple defendants and involve complex discovery which is often hampered because of a failure to identify the proper asbestos products involved in each case. To determine the asbestos products involved the need for forensic experts along with various investigative methods and tools, such as interviewing former coworkers, collecting invoices and delivery documents and taking samples at home and work. It is also important to determine the kind of asbestos, if it's amosite, crysotile, or crocidolite.
We have a vast amount of experience protecting companies in the asbestos industry. This includes companies that manufacture products distributors, suppliers and manufacturers as well as contractors. Our team has served as National Coordinating Counsel and Trial Counsel for a variety of clients in asbestos litigation and has defended these companies in multiple jurisdictions across the nation. We are also defense liaison counsel for a variety of asbestos dockets in these states, which we manage regional and local attorneys to ensure consistency and effective defense strategies and outcomes.
Our national strategy for managing asbestos defense has been proved to be effective and, in multiple instances, has reduced legal costs by millions of dollars in comparison to the amount companies paid when being represented by other firms. This unique and abrasive approach to managing asbestos cases has been recognized by the courts across the country.
We also have experience 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 has caused diseases such as restrictive and obstructive lung diseases as well as occupational asthma, cancers of different types and a variety of neurological conditions.
Medical Expert Witnesses
Expert medical witnesses are essential in asbestos cases, primarily because the signs of exposure to asbestos can be easily confused with other illnesses like emphysema, or other types of lung cancer. It is crucial for lawyers to have access to experts in these fields to help distinguish the various diseases and to show the causes of each disease by different types of exposures.
Medical records of asbestos-related victims are typically the most reliable source for this proof. X-rays, CT scans and biopsy samples are often available to examination. To make the most of these data, medical experts must sort through the information and offer their views on probable causes, probabilities, and other issues.
The medical experts involved in asbestos cases are typically very well-known and have been a witness in dozens, or even hundreds of other cases. This credibility boosts the credibility of these experts in the eyes of the jury. They have a lot of experience in preparing to testify, so they know how to answer questions from defendants and how to present the evidence to the court.
In addition to medical professionals, it is also necessary to have scientists testify about the various causes of asbestos diseases. It is not enough to prove the mesothelioma patient is in fact diagnosed. It must be shown that the asbestos defendant exposed her to the carcinogen, and why smoking increases the risk of mesothelioma.
Expert witness fees can be a large portion of the overall expenses associated with asbestos cases. This is why it is crucial for the attorney representing the client to be able choose and employ the most suitable expert witness for a particular case.
At Swartz Campbell, we counsel material suppliers, product manufacturers, premises owners, distributors employers, employers and other defendants in asbestos cases in state and federal courts across the country. Our team of experienced and committed lawyers is well-versed in asbestos litigation, offensively and defensively. Contact us today to learn what we can do to help you.