Asbestos Defense Litigation
Asbestos cases require diligent investigation of the injured person's work background, identifying asbestos-related products and locating potential defendants. This may involve gathering information from relatives, coworkers, 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 work with local counsel to develop the same, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is present in a variety of building materials - cement products, paints floor tiles, adhesive, artex, insulation and doors to mention a few. It is extremely difficult to determine whether or not a material contains asbestos from its appearance alone. A professional environmental surveyor is able to conduct an inspection to determine whether the material is contaminated with asbestos.
Asbestos fibres are thin and light, which means they can travel for a long distance even through closed doors or windows. Once they reach the lungs they could cause serious health issues. Asbestos can be dangerous when it is damaged and releases deadly fibres in the air. This is why it's very crucial that building materials never be disturbed or removed without proper labeling and supported by a professional inspection.
Due to the lengthy latency between exposure and disease, obtaining meaningful discovery in an asbestos lawsuit is extremely challenging. There are other significant issues relating to the admissibility and testimony of expert witnesses for plaintiffs and the causal connection between exposure to asbestos and disease.
In these kinds of situations asbestos defense lawyers can often successfully argue for summary judgment in the lack of a solid factual basis. For instance, imagine that plaintiff Paul was in a multi vehicle accident in New York City. He does not know the date, place of the vehicles involved or any other details that could support a conclusion that defendant David was responsible for his injuries.
In this kind of scenario in this type of situation, a seasoned New York mesothelioma lawyer should be in contact. They will go through all facts and documents, including expert reports to determine if summary judgment is the appropriate solution. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients through this process. Asbestos law firms throughout the country can help their clients file their claims in the most appropriate place. This could include the State of New York, or a federal district court in New York City.
Asbestos Disease Identification
Asbestos is no longer mined in the United States. However, it is still found in the construction and other products manufactured before 1989. These products can release fibers into the atmosphere when they begin to degrade. They can be breathed in. These fibers can cause a variety of kinds of lung diseases.
The lung diseases caused by asbestos exposure include asbestosis, mesothelioma and pleural disease. Inhaling asbestos fibers can trigger various symptoms, such as chest pain, fatigue and a shortness of breath. These symptoms might not show up until decades after a person is exposed to asbestos.
All forms of asbestos, including chrysotile are carcinogenic for humans. Exposure to asbestos can cause cancers of the lung larynx, ovaries and larynx. It also can cause a form of mesothelioma that develops in the tissues of body cavities, such as those found in the stomach, heart and tests. Mesothelioma isn't easy to identify, as it has a lengthy latent period and many similar symptoms with other conditions such as rheumatoid arthritis and sarcoidosis.
The most likely to suffer from asbestos-related illnesses are those who directly with the material or were exposed to a significant amount of environmental toxins. This includes boilermakers, construction workers, shipyard workers, railroad and U.S. Navy veterans; and those who helped with clean-up after the Sept. 11, 2001 terrorist attacks. Some of the symptoms of those who suffer from this condition include difficulty breathing coughing, chest pain and chest pain.
A doctor can determine whether a patient suffers from an asbestos-related illness by looking at the patient's medical background, work history, and family history. X-rays and CT scans can help confirm the presence of asbestos-related conditions. Patients suffering from asbestosis are advised to have a yearly lung function test. This can help assess their health. This test can detect asbestosis ' progression and also identify other health problems that may be connected to the condition. Patients with asbestosis should also be vaccinated regularly to prevent other respiratory diseases such as psoriasis. The EPA has a TSCA Hotline as and an asbestos Ombudsman who can provide more information and assistance.
Asbestos Database Development
Asbestos is a group of fibrous minerals that were often used in construction and industrial settings due to its long-lasting, fire retardant, and corrosion resistant properties. Inhaling asbestos particles, however, can lead to a variety of medical issues, including mesothelioma (a lung cancer and other organs) as well as chronic lung diseases, and neurological dysfunctions. These diseases can manifest over a period of 30 years or more.
In many asbestos cases there are several defendants and complicated discovery. This can be a challenge when the asbestos materials that are involved in a particular case cannot be identified. To identify each asbestos product the need for forensic experts, as well as various investigative tools and methods like interviewing former coworkers, collecting invoices and delivery documents and taking samples at work and at home. The type of asbestos -- amosite, chrysotile, or crocidolite -- must be identified as well.
We have a wealth of experience defending companies involved in the asbestos industry. This includes companies that manufacture products distributors, suppliers and manufacturers as well as contractors. Our team has been National Coordinating Counsel and Trial Counsel for a variety of asbestos litigation clients, and we have defended these companies in numerous jurisdictions across the country. We are also Defense Liaison Counsel for a number of these states' asbestos dockets where we manage local and regional counsel to ensure uniform and cost-effective defense strategies as well as outcomes.
Our national strategy for managing asbestos defense has been proven effective and, in multiple instances, has reduced legal expenses by millions of dollars compared to the costs companies paid when they were being represented by other firms. The courts across the country have recognized this unique and aggressive approach to managing asbestos cases.
We have also defended mass toxic tort lawsuits brought against the producers of pharmaceutical, industrial and petrochemical chemicals. These lawsuits are based on the claim that exposure to these chemicals can cause diseases like restrictive and obstructive lung disorders and occupational asthma, as well as cancers of different types, and other neurological conditions.
Medical Expert Witnesses
Medical expert witnesses in asbestos cases are essential due to the fact that many signs of exposure to asbestos can be confused with other conditions like emphysema and other types of lung carcinoma. It is essential for attorneys to have access to experts in these fields to assist in identifying the various types of illnesses and show how each disease is caused by different types of exposure.
Medical records of asbestos victims are often the most reliable source of this proof. X-rays, CT scans and biopsy samples are usually available to review. However, to make the most of this information, it is necessary to have medical experts who can sift through the information and make a decision on probabilities, causation and other issues.
Medical experts who provide testimony in asbestos cases have a solid reputation and have been involved in dozens or even hundreds of cases. This credibility increases the credibility of these experts to the jury. These doctors have a lot of experience in preparing to testify, and therefore they know how best to answer questions from defendants and how to present their findings to the court.
It is crucial that both medical and scientific experts testify on the different causes of asbestos-related diseases. It is not sufficient to prove the mesothelioma patient is in asbestos defense litigation fact diagnosed. It is necessary to prove that the asbestos victim exposed her to the carcinogen and how smoking can increase the risk of mesothelioma.
Expert witness fees can make up a substantial portion of expenses in asbestos cases. This is the reason it is essential for the attorney representing the client to be able to efficiently choose and employ the most suitable expert witness for a particular case.
We represent material manufacturers, suppliers of products distributors, premises owners and material suppliers in asbestos cases in state and federal courts across the United States. Our team of dedicated and experienced lawyers are proficient both offensively and defensively in asbestos litigation. Contact us today to learn how we can help you.