Asbestos Defense Litigation
Asbestos cases need to be thoroughly investigated. This involves identifying asbestos-containing products and locating potential defendants. This can involve obtaining information from relatives, coworkers, abatement workers, and analyzing records and materials.
Cetrulo LLP has served as regional and national Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets, and work with local attorneys in order to create the same, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is present in a variety of building materials, including cement products, paints and floor tiles. It is also found in artex, adhesives doors insulation, and adhesives. It is extremely difficult to determine whether or not the material is asbestos-free based on its appearance by itself. The best way to identify asbestos's presence is to have a certified environmental surveyor inspect the material.
Asbestos fibres are thin and light, which means they can travel a considerable distance even through closed doors or windows. When they reach the lungs they can lead to the formation of serious health issues. Asbestos is most dangerous when it becomes damaged and releases deadly fibers into the air. It is crucial to not disturb or remove building materials unless they've been properly labeled and supported by an inspection.
Due to the lengthy latency between asbestos exposure and disease it can be very difficult to obtain meaningful evidence in an asbestos lawsuit. In addition there are significant issues regarding the admissibility of plaintiffs' experts and testimony on the causal link between asbestos exposure and the onset of disease.
In these instances asbestos defense lawyers often argue for summary judgment in the absence of factual basis. 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 vehicles involved, or any other facts that could support the conclusion that defendant David is responsible for his injuries.
A New York mesothelioma attorney with experience in this field should be consulted. They will review the details of the case and any expert reports and other documentation, 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 through this process. Asbestos law firms located across the country can help their clients file their claims in 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 mined or processed in the United States, it still is present in many buildings and products that were made prior to 1989. These products release fibers into the atmosphere as they degrade. They can be breathed in. These fibers can trigger a variety of types of lung diseases.
The lung diseases caused by asbestos exposure include asbestosis, mesothelioma 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 a long time after an asbestos exposure.
All forms of asbestos, including chrysotile are carcinogenic to humans. Asbestos exposure can cause cancers of the lungs, larynx, and ovaries. It can also cause a form of mesothelioma within the linings that line body cavities like the stomach, heart and testes. Mesothelioma can be difficult to diagnose, since it has a lengthy latent period and has many symptoms that are comparable with other conditions, such as sarcoidosis and rheumatoid arthritis.
People most likely to suffer from asbestos-related illnesses are those who worked directly with the material or were exposed to a significant amount of environmental toxins. This includes boilermakers, construction workers and shipyard workers. Additionally, there are railroad and U.S. Navy vets and those who assisted in cleaning up after the terrorist attacks of September 11, 2001. Some of the symptoms for those who suffer from this condition include difficulty breathing as well as chest pain and coughing.
A doctor can determine whether a patient suffers from an asbestos-related illness by examining the patient's medical background, work history, and family background. X-rays and CT scans can identify an asbestos-related illness. Patients with asbestosis are advised to have a lung function test. This can help monitor their condition. The test can identify asbestosis ' progression and also identify other health issues that could be related to the disease. Patients with asbestosis should also receive regular vaccines to prevent other respiratory diseases like psoriasis. The EPA offers a TSCA Hotline as well as an Asbestos Ombudsman who can provide more information and help.
Asbestos Database Development
Asbestos is comprised of fibrous minerals. It was widely used for construction and industry because of its durability and fire retardant as well as corrosion resistance properties. Inhaling asbestos particles, however, can cause a variety of medical issues, including mesothelioma (a lung cancer and other organs) and chronic lung diseases, as well as other neurological dysfunctions. These illnesses can be seen for over a period of 30 years or more.
Many asbestos cases are multi-defendant, and require complex discovery, which is often complicated due to a lack of identification of the proper asbestos products involved in every case. To determine the asbestos products involved the need for forensic experts, as well as various investigative tools and methods, such as interviewing former colleagues, obtaining invoices and delivery documents, and taking samples at home and at work. It is also essential to determine the type of asbestos, whether it's amosite or crysotile, or crocidolite.
We have extensive experience in protecting companies in the asbestos industry. This includes manufacturers of products distributors, suppliers, and manufacturers as well as contractors. Our team has been the National Coordinating Counsel and Trial Counsel for a number of asbestos litigation clients and has defended these companies in numerous jurisdictions across the nation. We are also Defense Liaison Counsel to several of these asbestos dockets in the states, which is where we oversee regional and local counsel to ensure uniform and cost-effective defense strategies and outcomes.
Our national approach in managing asbestos defense has proven effective. In multiple instances it has reduced legal costs by millions of dollars contrasted with the amount that companies pay to other companies. This unique and abrasive approach to managing asbestos cases has been acknowledged by courts across the nation.
We are also experienced in defense of mass toxic tort suits brought against the manufacturers of pharmaceuticals and industrial chemicals and petrochemicals. Redondo Beach asbestos lawsuits from claims that exposure to these chemicals has caused diseases such as restrictive and obstructive lung diseases as well as occupational asthma, cancers of all kinds and a variety of neurological conditions.
Medical Expert Witnesses
Medical expert witnesses are critical in asbestos cases, primarily because the signs of exposure to asbestos are easily confused with other ailments such as emphysema or other types of lung cancer. It is important for attorneys to have access to experts in these fields who can assist in identifying the various types of diseases and to show how each illness is caused by different types of exposure.
The most reliable evidence for this is found in the asbestos victim's medical records. X-rays can be found as are CT scans and biopsies. To make the most out of these data, medical experts are needed to sift the information and offer their opinion on the probabilities, causes, and other issues.
Medical experts who are called to testify in asbestos cases have a great reputation and have been involved in dozens if not hundreds of cases. Their reputation boosts their credibility before jurors. Additionally, the knowledge and experience of the doctors who prepare for testimony ensures that they are able to anticipate questions from the defense team and how to present information to the court.
It is essential that experts from both the scientific and medical fields testify on the different causes of asbestos disease. It is not sufficient to prove that a victim has mesothelioma. It must be proven that the asbestos defendant exposed her to carcinogens and how smoking can increase the risk of mesothelioma.
Expert witness fees can make up an important portion of expenses associated with asbestos cases. Therefore, it is crucial that a defense attorney be capable of quickly identifying and choose the best expert witness for the particular case.
At Swartz Campbell, we counsel material manufacturers, suppliers distributors, premises owners employers, employers and other defendants in asbestos cases in state and federal courts across the nation. Our team of dedicated and experienced lawyers are proficient both defensively and offensively in asbestos litigation. Contact us today for more information on how we can help you.