Asbestos Defense Litigation
Asbestos cases require careful investigation of the victim's work history, identifying asbestos-related materials and finding potential defendants. This can involve obtaining information from relatives, coworkers asbestos abatement workers, as well as analysing documents and other material.
Cetrulo LLP has served as the national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets, and coordinate with local attorneys to achieve consistent, cost effective defense strategies.
Asbestos Product Identification
Asbestos is found in a variety of building materials, including cement products, paints, and floor tiles. It is also found in adhesives, artex, doors, insulation, and adhesives. It is extremely difficult to determine if a material contains asbestos from its appearance alone. The best method to detect the presence of asbestos is to have a certified environmental surveyor perform an inspection.
Asbestos fibres are thin and light, meaning they can travel for a long distance even through closed doors or windows. Once they get into the lungs, they can trigger the formation of serious health issues. Asbestos can be dangerous when it is damaged, releasing deadly fibres into the air. This is why it's very important that building materials not be disturbed or removed unless they are properly labeled and accompanied by an expert inspection.
Due to the long time between asbestos exposure and illness, it is very difficult to obtain relevant information in an asbestos case. Additionally there are a number of issues related to the admissibility of the plaintiffs' experts and testimony on the causal link between asbestos exposure and disease.
In these kinds of situations, asbestos defense attorneys can often successfully argue for summary judgement due to the lack of a factual basis. For instance, imagine that plaintiff Paul was involved in an accident involving multiple vehicles in New York City. But, he doesn't have information about the date and location of the accident, the vehicles involved or any other information which could be used to be used to prove that defendant David is responsible for his injuries.
A New York mesothelioma attorney with expertise in this field is recommended. They will review the facts of the case, and any expert reports or other documentation to determine if the summary judgment is a suitable remedy. Erie asbestos lawyers as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients through this process. Asbestos law firms across the country can assist their clients submit their claims to the most appropriate jurisdiction. This could be the State of New York or a federal court located in New York City.
Asbestos Disease Identification
Although asbestos is not being mined or processed in the United States, it still exists in buildings and products that were produced prior to 1989. As these products degrade they release tiny fibers into the air that are inhaled by those who are nearby. These fibers are known to cause a variety of lung diseases.
Lung diseases that result from asbestos exposure include mesothelioma and asbestosis and pleural disease. People who breathe in asbestos fibers can experience a range of symptoms such as chest pain, fatigue, and breath shortness. These symptoms might not show up until decades after a person is exposed to asbestos.
All forms of asbestos, including chrysotile can cause cancer in humans. Asbestos exposure can cause cancers of lungs, larynx, and ovaries. It can also cause mesothelioma which develops in the interior of body cavities, such as those in the stomach, the heart and the tests. Mesothelioma isn't easy to diagnose, since it has a lengthy latent period and has many symptoms that are comparable with other conditions, such as rheumatoid arthritis and sarcoidosis.
The most likely to develop asbestos-related diseases are those who worked directly with the substance or experienced significant environmental exposure. This includes boilermakers, construction workers, and shipyard workers. Also included are railroad and U.S. Navy vets and those who assisted in cleaning up after the terrorist attacks of September 11, 2001. They may experience chest pain, coughing, and breathing difficulties.
A doctor can tell if the patient suffers from an asbestos-related condition by reviewing a person's medical background, work and family history. X-rays, CT scans and other tests can help doctors confirm an asbestos-related diagnosis. Patients with asbestosis are advised to have a lung function test. This test will allow them to assess their health. This test can help detect asbestosis ' progression and also identify other health issues that could be related to the disease. Patients with this condition should also receive regular vaccinations to prevent the onset of other respiratory diseases like psoriasis. The EPA offers a TSCA Hotline as well as an Asbestos Ombudsman who can provide additional information and help.
Asbestos Database Development
Asbestos is comprised of fibrous minerals. It was widely used in the construction and industry due to its durability as well as its fire-repellant and corrosion resistance properties. Inhaling asbestos particles, however, can cause a range of medical conditions, including mesothelioma (a cancer of the lungs and other organs) and chronic lung diseases, and other neurological problems. These illnesses can be seen for in 30 years or more.
Many asbestos cases involve multiple defendants and require complex discovery that is often complicated due to a lack of identification of the right asbestos products in each case. To determine the asbestos products involved, forensic experts are needed in addition to various investigative techniques and tools like interviewing former co-workers, obtaining invoices and delivery papers and taking samples at work and at home. It is also important to determine the type of asbestos, whether it's amosite or crysotile, or crocidolite.
We have a vast amount 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 acted as National Coordinating Counsel, Trial Counsel, and Defense Counsel for a variety of clients involved in asbestos litigation. We have represented clients in multiple jurisdictions throughout the country. We also serve as Defense Liaison Counsel for several of these states' asbestos dockets which is where we oversee regional and local counsel to ensure consistent and cost-effective defense strategies as well as results.
Our national strategy to manage the asbestos defense has successful and, in multiple instances, has reduced legal expenses by millions of dollars in comparison to the costs companies paid when they were being represented by other firms. Courts across the country have recognized this unique and aggressive approach to handling asbestos cases.
We are also experienced in defending mass toxic tort suits brought against manufacturers of pharmaceutical and industrial chemicals and Petrochemicals. These lawsuits are based on assertions that exposure to these chemicals can cause diseases like occupational asthma and restrictive and obstructive pulmonary disorders, and other neurological conditions.
Medical Expert Witnesses
Medical expert witnesses in asbestos cases are vital in part because the signs of exposure to asbestos can be confused with other illnesses like emphysema and other types of lung cancer. It is important for attorneys to have access to experts in these fields who can aid in identifying different diseases and to show how each illness is caused by different types of exposures.
The most reliable evidence for this is the asbestos victim's medical records. X-rays are available as are CT scans and biopsies. To make the most out of these data, medical experts are needed to sift the data, and provide their opinion on the probabilities, causes, and other issues.
The medical experts involved in asbestos cases are generally very well-known and have been a witness in dozens, or even hundreds of other cases. This reputation increases their credibility in the eyes of jurors. They have a lot of experience in preparing themselves to be witnesses, and they know the best way to respond to questions from defendants and how to present the information to the judge.
It is important to have experts from both the scientific and medical fields present their opinions on the various causes of asbestos disease. It is not enough to prove that a mesothelioma sufferer is a victim. It must be proven that the asbestos victim exposed her to the carcinogen and the reason smoking increases the risk of mesothelioma.
Expert witness fees can be a significant portion of the expenses that are associated with asbestos cases. This is the reason it is essential for a lawyer who is defending the case to be able to efficiently choose and employ the most suitable expert witness for the case.
At Swartz Campbell, we counsel material suppliers, product manufacturers distributors, premises owners employers, employers and other defendants in asbestos cases in federal and state courts across the country. Our team of committed and experienced attorneys are well-versed both offensively and defensively in asbestos litigation. Contact us today to find out how our firm can assist you.