Asbestos Defense Litigation
Asbestos cases require diligent examination of the person who was injured's work history, identifying asbestos-related materials and finding potential defendants. This could include obtaining information from family members, coworkers, members, abatement workers, and analyzing the 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 develop an efficient, cost-effective defense strategies.
Asbestos Product Identification
Asbestos can be found in a myriad of building materials - cement products, paints flooring tiles, adhesive, artex, insulation and doors to mention the most common. It is difficult to determine whether a product contains asbestos or not by its appearance. The best way to identify asbestos's presence is to have a certified environmental surveyor conduct an inspection.
Asbestos fibers are tiny and light, so they can travel a long distance even through closed doors or windows. Once they reach the lungs they could cause serious health issues. Asbestos becomes dangerous when it is damaged and releases deadly fibres in the air. It is very important to not remove or disturb construction materials unless they've been properly labeled and accompanied by an inspection.
Due to the long time between exposure and illness the process of obtaining evidence-based discovery in an asbestos case is extremely difficult. There are also significant issues regarding the admissibility of and testimony of expert witnesses and the causal connection between exposure to asbestos and disease.
In these cases, asbestos defense lawyers can often argue for summary judgement based on an absence of a factual foundation. For instance, suppose that plaintiff Paul was involved in a multi-vehicle accident in New York City. But, he doesn't have information about the date and location of the accident, the cars involved or any other details that could be used to prove that defendant David is liable for his injuries.
A New York mesothelioma attorney with expertise in this field is recommended. They will review the details of the case along with any expert reports and other documents to determine whether or not the summary judgment is a suitable remedy. massachusetts asbestos litigation as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can assist their clients with this procedure. Asbestos law firms across the country can assist their clients submit their claims to the best jurisdiction. This could be the State of New York, or a federal district court in New York City.
Asbestos Disease Identification
Although asbestos is not being extracted or processed in the United States, it still is present in products and buildings that were made prior to 1989. These products can release fibers into the atmosphere when they deteriorate. They can be inhaled. These fibers have been known to cause many lung ailments.
The lung diseases caused by asbestos exposure include mesothelioma and asbestosis and pleural disease. The people who breathe in these fibers can experience a range of symptoms like chest pain, fatigue, and shortness of breath. These symptoms could not be noticed for decades after an 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 develops in the linings of body cavities, including those found in the stomach, heart and testes. Mesothelioma is difficult to diagnose because it has a long period of time and has symptoms with other diseases, such as rheumatoid arthritis and sarcoidosis.
Those who have been exposed to asbestos or who have been exposed to significant environmental factors are the most at risk of developing asbestos-related diseases. This includes boilermakers, construction workers, and shipyard workers. Included are railroad workers and U.S. Navy vets and those who worked to clean up after the terrorist attacks of September 11, 2001. These people might be suffering from chest pain, coughing or breathing difficulties.
A doctor can determine whether a patient suffers from an asbestos-related disease by examining the patient's medical background, work history, and family history. X-rays, CT scans and other tests can aid doctors in confirming an asbestos-related diagnosis. Patients with asbestosis are encouraged to have a lung function test. This test will allow them to monitor their condition. The test can identify 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 well as an asbestos Ombudsman who can provide additional information and support.
Asbestos Database Development
Asbestos is composed of fibrous minerals. It was extensively employed in industry and construction due to its durability as well as its fire-repellant and corrosion resistance properties. The inhalation of asbestos particles can cause a variety of medical issues, including mesothelioma (a cancer of the lungs and other organs), chronic lung diseases, and neurological problems. These illnesses can take 30 years or longer to be diagnosed.
Many asbestos cases involve multiple defendants and involve complex discovery which is often hampered by a failure to identify the proper asbestos products involved in every case. To identify each asbestos product it is necessary to employ forensic experts, as well as various investigative techniques and tools, such as interviewing former co-workers, obtaining invoices and delivery papers, and taking samples at home and at work. The type of asbestos -- amosite, chrysotile, or crocidolite, must be identified.
We have a wealth of experience defense of companies that are involved in the asbestos industry. This includes manufacturers of products, distributors and suppliers as well as contractors. Our team has served as National Coordinating Counsel and Trial Counsel for a number of asbestos litigation clients and has represented the companies in a variety of jurisdictions across the country. We also serve as defense liaison counsel for a variety of asbestos dockets in these states where we manage the local and regional attorneys to ensure uniform and effective defense strategies as well as outcomes.
Our national approach to managing asbestos defense has proven effective. In numerous instances it has cut legal costs by millions of dollars when compared to the amount companies paid to other firms. Courts across the country have recognized our unique and aggressive method of managing asbestos cases.
We also have experience the defense of massive toxic tort suits brought against manufacturers of pharmaceutical and industrial chemicals and Petrochemicals. These lawsuits are based upon the claim that exposure to these chemicals can cause diseases like occupational asthma, restrictive and obstructive pulmonary disorders, and other neurological conditions.
Medical Expert Witnesses
Expert medical witnesses are essential in asbestos cases, mostly because many of the symptoms of exposure to asbestos are easily confused with other illnesses like emphysema and other forms of lung cancer. It is essential that lawyers have access to these experts who can help differentiate the various types of diseases and demonstrate the way each disease is a result of different exposures.
The most reliable evidence for this is found in the asbestos victim's medical records. X-rays are available, as well as CT scans and biopsies. However, in order to get the most value from the information available, it is essential to have medical professionals who are able to analyze the data and opine about the 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 reputation increases the credibility of these experts in the eyes the jury. Additionally, the knowledge and experience of the doctors who prepare for testimony means that they know how to anticipate questions from the defense and how to present their findings to the court.
It is essential that both medical and scientific experts to testify about the various causes of asbestos-related diseases. It is not enough to prove that the patient has mesothelioma. It has to be proven that the asbestos defendant exposed the plaintiff to the carcinogen and why smoking increased the risk of mesothelioma.
Expert witness fees can make up an enormous portion of overall costs associated with asbestos cases. This is why it is important for a defending attorney to be able to effectively choose and employ the most suitable expert witness for a particular case.
At Swartz Campbell, we counsel material manufacturers, suppliers premises owners, distributors employers, employers and other defendants in asbestos cases in both state and federal courts across the nation. Our team of knowledgeable and committed lawyers is well-versed in asbestos litigation, both offensively and defensively. Contact us today to learn what we can do to help you.