Asbestos Defense Litigation
Asbestos cases require a thorough examination of the person who was injured's work history, identifying asbestos products and finding potential defendants. This may involve obtaining information from coworkers, family members, abatement workers and studying records.
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 an efficient, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is present in a variety of building materials -- cement products, paints flooring tiles, adhesive, artex, insulation and doors to name a few. It is extremely difficult to determine if an item is asbestos-free from its appearance only. The most effective method to determine the presence of asbestos is to have a professional environmental surveyor conduct an inspection.
When asbestos fibres are airborne, they are very tiny and light, meaning they can travel long distances even through windows or doors. Once they get into the lungs, they can cause the formation of serious health issues. Asbestos becomes dangerous when it is damaged and releases deadly fibres into the air. This is why it's crucial that building materials never be tampered with or removed without proper labeling and accompanied by an inspection by a professional.
Due to the long time between asbestos exposure and disease, it is very difficult to obtain meaningful information in an asbestos case. Additionally, there are significant concerns regarding the admissibility of the plaintiffs' experts and testimony about the causal connection between asbestos exposure and the onset of disease.
In these types of cases asbestos defense lawyers are often able to argue for summary judgment in the absence of a factual foundation. For example, imagine that plaintiff Paul was involved in a multi-vehicle collision in New York City. He is not aware of the date, time, 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 experience in this field is recommended. They will go through all facts and documents, including any expert reports, to determine if summary judgment is the right remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients in this procedure. Asbestos law firms throughout the country can help their clients submit their claims to the most appropriate 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, why asbestos litigation only is still found in buildings and products that were manufactured prior to 1989. When these materials degrade, they release tiny fibers into the air that can be inhaled by those in the vicinity. These fibers can cause a variety of kinds of lung diseases.
Lung diseases that result from asbestos exposure include asbestosis, mesothelioma and pleural disease. Inhaling these fibers can cause many symptoms, such as chest pain, fatigue, and breath shortness. These symptoms could not manifest until years after exposure to asbestos.
All forms of asbestos, including chrysotile are carcinogenic for humans. Exposure to asbestos can cause lung cancer larynx, ovaries and larynx. It can also cause mesothelioma, a type of cancer that develops in the tissues of body cavities, including those in the stomach, heart and testes. Mesothelioma is difficult to identify because it has a latent period of time and has symptoms with other conditions like rheumatoid arthritis and sarcoidosis.
The people who have been exposed to asbestos or have been exposed to significant environmental elements are at greatest risk of developing asbestos-related illnesses. These include boilermakers, construction workers, shipyard workers; railroad workers and U.S. Navy veterans; and those who participated in cleanup after the September. 11 terrorist attacks. Some of the symptoms of these people include breathing difficulty coughing, chest pain and chest pain.
A doctor can determine whether the patient suffers from an asbestos-related condition by reviewing the patient's medical history, work and family histories. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos. Patients with asbestosis are encouraged to have a lung function test. This will help monitor their condition. The test will help detect the progress of asbestosis and determine other health issues that can be related to this condition. Patients with asbestosis should also be vaccinated regularly to prevent other respiratory diseases such as psoriasis. The EPA offers an TSCA Hotline and an asbestos Ombudsman who can provide additional information and support.
Asbestos Database Development
Asbestos is made up of fibrous minerals. It was widely employed in industry and construction because of its durability, fire retardant and corrosion resistance properties. Inhaling asbestos particles can trigger numerous medical issues that include mesothelioma which is a cancer of the lungs, other organs, and neurological problems. These illnesses can be seen for 30 years or longer.
In many asbestos cases there are multiple defendants and complex discovery. This is often complicated when the asbestos materials involved in a case cannot be identified. To identify each asbestos product it is necessary to employ forensic experts in addition to a variety of investigative methods and tools like interviewing former coworkers, collecting invoices and delivery papers and taking samples at home and work. The type of asbestos- amosite, chrysotile, or crocidolite, must be identified as well.
We have extensive experience in defending companies in the asbestos industry, including distributors, manufacturers contractors, suppliers, and manufacturers. Our team has acted as National Coordinating Counsel, Trial Counsel and Defense Counsel for a variety of clients involved in asbestos litigation. We have defended companies in multiple jurisdictions throughout the country. We also serve as 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 results.
Our national approach to managing asbestos defense has proven to be efficient. In multiple instances it has cut legal costs by millions of dollars when compared to the amount companies pay to other companies. This unique and abrasive approach to managing asbestos cases has been praised by courts throughout the country.
We have also defended massive toxic tort suits brought against the manufacturers of pharmaceutical, industrial and chemical compounds that are petrochemical in nature. These lawsuits are based on claims that exposure to these chemicals has caused diseases such as restrictive and obstructive lung diseases and occupational asthma, as well as cancers of different types and other neurological disorders.
Medical Expert Witnesses
Medical expert witnesses in asbestos cases are crucial in part because the signs of exposure to asbestos can be confused with other illnesses such as emphysema or other forms of lung carcinoma. It is essential 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 kinds of exposures.
Medical records of asbestos-related victims are typically the most reliable source for this proof. X-rays can be found, as well as CT scans and biopsies. However, in order to get the most value from the information available, it is important to have medical experts who are able to analyze the information and offer opinions on the probabilities, causation, and other issues.
Medical experts who provide testimony in asbestos cases have a great reputation and have been involved in dozens perhaps hundreds, of cases. This reputation increases their credibility in the eyes of jurors. These doctors have a great deal of experience when it comes to preparing to be witnesses, and they know how to answer questions from the defendants and how to present the evidence to the court.
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 sufficient to prove the mesothelioma sufferer is a victim. It must be shown that the asbestos victim exposed her to the carcinogen, and why smoking increases the risk of mesothelioma.
Expert witness fees can make up an important portion of costs that are associated with asbestos cases. It is therefore important that a defense attorney is adept at identifying and hire the best expert witness for a particular case.
We represent material suppliers, product manufactures, distributors and premises owners in asbestos cases in federal and state courts throughout the country. Our team of experienced and dedicated attorneys is well-versed in asbestos litigation, both offensively and defensively. Contact us today to learn how we can help you.