asbestos litigation defense must be thoroughly investigated. This includes identifying asbestos-related products and finding potential defendants. This can involve obtaining information from co-workers, relatives asbestos abatement workers, as well as analyzing records and materials.
Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets and work with local attorneys in order to create an efficient, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is found in hundreds of building materials - cement products, paints flooring tiles, adhesive artex, insulation, and doors to name the most common. It is extremely difficult to determine whether or not an item is asbestos-free from its appearance alone. The most effective method to determine asbestos' presence is to have an experienced environmental surveyor perform an inspection.
When asbestos fibres become airborne, they're small and light - meaning they can travel long distances even through windows or doors. When they reach the lungs, they can lead to the development of serious health conditions. Asbestos becomes dangerous when it is damaged and releases harmful fibres into the air. It is vital to avoid removing or destroying building materials unless they've been properly labeled and supported by an inspection.
Due to the lengthy latency between exposure and disease the process of obtaining evidence-based discovery in an asbestos action is extremely challenging. Additionally there are significant concerns regarding the admissibility of plaintiffs' experts and their testimony regarding the causal link between asbestos exposure and disease.
In these situations asbestos defense lawyers often argue for summary judgement in the absence of a factual foundation. Imagine, for example, that plaintiff Paul was in a multi vehicle accident in New York City. However, he has no information about the date and location of the accident, the vehicles involved or any other information that might support the conclusion that defendant David is responsible for his injuries.
A New York mesothelioma attorney with experience in this field is recommended. They will review the facts of the case, and any expert reports or other documents, to determine if summary judgment is an appropriate remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients in this process. Asbestos firms that practice nationwide can also assist their clients with filing their claims in the most favorable jurisdiction. This may include the State of New York or a federal court in New York City.
Asbestos Disease Identification
Asbestos is no longer mined in the United States. However, it is still present in products and buildings manufactured before 1989. When these materials degrade, they release tiny fibers into air that can be breathed in by people who are near. These fibers can trigger a variety of types of lung disease.
Lung diseases resulting from asbestos exposure include pleural disease (pleural plaques, thickening, and effusions) asbestosis, mesothelioma, and asbestosis. Inhaling asbestos fibers can trigger a number of symptoms, such as chest pain, fatigue and shortness of breathe. These symptoms could not be noticed for many years after asbestos exposure.
All forms of asbestos, including chrysotile, can cause cancer in humans. Asbestos exposure can cause cancers of larynx, lungs and the ovaries. It can also cause a form of mesothelioma that is found in the linings found in body cavities, such as the stomach, heart and testes. Mesothelioma is difficult to recognize because it has a long period of time and shares many symptoms with other conditions like rheumatoid arthritis and sarcoidosis.
Those who have worked with asbestos or who have been exposed to significant environmental elements are the most at risk of developing asbestos-related illnesses. This includes boilermakers, construction workers and shipyard workers, railroad and U.S. Navy veterans; and those who helped with cleanup after the Sept. 11, 2001 terrorist attacks. Some of them may experience chest pain, coughing, and breathing problems.
A doctor can determine if an individual suffers from an asbestos-related disease by reviewing the medical background, work and family history. X-rays, CT scans and other tests can aid doctors in confirming the diagnosis of asbestos-related illness. Patients who are diagnosed with asbestosis should undergo a yearly pulmonary function test to monitor the condition. This test can detect the progression of asbestosis and detect other health issues that may be related to this condition. Patients with asbestosis should also get regular vaccinations to avoid other respiratory illnesses like psoriasis. The EPA provides a TSCA Hotline and an asbestos Ombudsman that can provide additional information and support.
Asbestos Database Development
Asbestos is made up of fibrous minerals. It was extensively used in the construction and industry due to its durability as well as its fire-repellant and corrosion resistance properties. Inhaling asbestos particles can trigger a variety medical problems that include mesothelioma which is lung cancer and other organs, as well as neurological problems. These illnesses can take 30 years or more to appear.
Many asbestos cases involve multiple defendants and require a complex investigation, which is often complicated due to a lack of identification of the proper asbestos products involved in each case. The ability to identify each product in an asbestos case requires the help of forensic experts, as well as the use of a wide range of investigative tools and methods like interviews with former coworkers and other witnesses as well as subpoenaing work order invoices, and delivery documents from employers, and collecting samples from workplaces and at home. It is also important to determine the type of asbestos, such as it's amosite or crysotile, or crocidolite.
We have extensive experience defending companies in the asbestos industry which includes product manufacturers, distributors, suppliers, and 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 companies in multiple jurisdictions across the United States. We are also Defense Liaison Counsel for a number of the asbestos dockets in the states, where we manage regional and local counsel to ensure consistent and cost-effective defense strategies and outcomes.
Our national strategy to manage the asbestos defense has proved to be effective and, in a number of instances, has decreased legal costs by millions of dollars when compared to what companies paid when being represented by other firms. Courts across the nation have recognized this unique and aggressive approach in handling asbestos cases.
We also have defended mass toxic tort suits brought against the manufacturers of industrial, pharmaceutical and chemical compounds that are petrochemical in nature. These lawsuits are based upon the claim that exposure to these chemicals can cause illnesses such as occupational asthma, restrictive and obstructive pulmonary disorders, and other neurological disorders.
Medical Expert Witnesses
Expert medical witnesses in asbestos cases are essential in part because the signs of exposure to asbestos can be confused with other illnesses such as emphysema or other forms of lung cancer. It is important for attorneys to have access to experts in these fields to help distinguish the various diseases and to show how each disease is caused by different types of exposures.
Medical records of asbestos victims are usually the most reliable source for this proof. X-rays, CT scans and biopsy samples are usually available for examination. However, to get the most value from this information, it is essential to have medical professionals who are able to analyze the information and offer opinions on probabilities, causation 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 increases the credibility of these experts in the eyes the jury. Furthermore, the experience of these doctors in preparing for testimony means that they know how to anticipate questions from the defense and know how to provide evidence to the court.
It is important to have both scientists and medical experts to testify about the various causes of asbestos-related diseases. It is not enough to prove that a mesothelioma patient is in fact diagnosed. It must be shown that the asbestos defendant exposed her to the carcinogen and how smoking can increase the risk of mesothelioma.
Expert witness fees can constitute a significant portion of the expenses in asbestos cases. It is therefore crucial that a defense attorney be capable of quickly identifying and select the most qualified expert witness for the particular case.
We represent material manufacturers, suppliers of products distributors, and property owners in asbestos cases in federal and state courts throughout the United States. Our team of dedicated and experienced lawyers are proficient both defensively and offensively in asbestos litigation. Contact us today to learn how we can help you.