Asbestos Defense Litigation
Asbestos-related cases must be thoroughly investigated. This includes identifying asbestos products and finding potential defendants. This can include collecting 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 achieve an efficient, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is found in a wide range of building materials, including cement products, paints, and floor tiles. It is also present in adhesives, artex, doors, insulation, and adhesives. It is difficult to tell if a material contains or does not contain
asbestos lawyers simply by looking at it. The best way to identify asbestos's presence is to have a professional environmental surveyor inspect the material.
When asbestos fibres are airborne, they are small and light - meaning they can travel long distances even through closed doors or windows. Once they get into the lungs, they can trigger the development of serious health conditions. Asbestos can be dangerous when it's damaged and releases deadly fibres into the air. This is why it's important that building materials don't be tampered with or removed unless they are properly labeled and followed by an expert inspection.
Due to the lengthy latency between asbestos exposure and disease, it is very difficult to obtain meaningful evidence in an
asbestos lawsuit. In addition there are a number of issues regarding the admissibility of plaintiffs' experts and their testimony regarding the causal connection between asbestos exposure and the onset of disease.
In these kinds of situations asbestos defense lawyers are often able to successfully argue for summary judgments based on the lack of a factual basis. Imagine, for example, that plaintiff Paul was involved in an accident involving multiple vehicles in New York City. But, he doesn't have details about the date or location of the accident, the cars involved or any other details which could be used to support the conclusion that defendant David is responsible for his injuries.
A New York mesothelioma attorney with experience in this area is recommended. They will look over the details of the case as well as any expert reports or other documents to determine whether or not the summary judgment is a suitable remedy. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy are able to assist their clients through this process. Asbestos law firms that are nationwide can help their clients in filing their claims in the most advantageous jurisdiction. This may 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, it is still found in the construction and other products that were manufactured prior to 1989. When these materials degrade they release tiny fibers into the air that can be breathed in by those who are nearby. These fibers are known to cause a variety of lung ailments.
Lung diseases that result from asbestos exposure include asbestosis, mesothelioma and pleural disease. Inhaling asbestos fibers can trigger many symptoms, including chest pain, fatigue, and breath shortness. These symptoms could not be apparent until years after exposure to asbestos.
All forms of asbestos including chrysotile can cause cancer in humans. Exposure to asbestos can cause cancers of the larynx, lungs, and ovaries. It can also cause mesothelioma, a type of cancer that develops in the interior of body cavities, including those found in the stomach, the heart and the testes. Mesothelioma can be difficult to identify, as it has a long latent period and many similar symptoms with other conditions, such as sarcoidosis and rheumatoid arthritis.
Those who have worked with asbestos or who have been exposed to significant environmental factors are at the highest risk of developing asbestos-related illnesses. These include construction workers, boilermakers and shipyard workers; railroad and U.S. Navy veterans; and those who helped with cleaning up following the September. 11, 2001 terrorist attacks. Some of the symptoms of these people include breathing difficulty as well as chest pain and coughing.
A doctor can determine whether a patient suffers from an
asbestos lawyer-related illness by examining the patient's medical background, work history, and background of family members. X-rays and CT scans can identify an
asbestos lawyers-related condition. Patients diagnosed with asbestosis should undergo a yearly lung function test to check the condition. This test can detect asbestosis progression and identify other health problems that may be associated with the disease. Patients with this condition should also get regular vaccinations to prevent the onset of other respiratory illnesses such as psoriasis. The EPA provides an TSCA Hotline and an Asbestos Ombudsman who can provide further information and assistance.
Asbestos Database Development
Asbestos is a group of fibrous minerals which was often used in industrial and construction settings due to its tough as well as fire-proof and corrosion resistant properties. Inhaling asbestos particles can trigger numerous medical issues, including mesothelioma, a cancer of the lungs as well as other organs, and neurological problems. These illnesses can take 30 years or longer to be diagnosed.
In many asbestos cases there are multiple defendants and complex discovery. This can be a challenge when the asbestos-related products involved in a case can't be identified. To determine the asbestos products involved the need for forensic experts along with a variety of investigative methods and tools, such as interviewing former coworkers, collecting invoices and delivery papers and taking samples at home and work. The type of asbestos -amosite, chrysotile or crocidolite, must also be determined.
We have a vast amount of experience protecting companies in the asbestos industry. This includes product manufacturers distributors, suppliers, and manufacturers as well as contractors. Our team has served as National Coordinating Counsel, Trial Counsel and Defense Counsel for a variety of asbestos litigation clients. We have defended companies in multiple jurisdictions across the United States. We are also defense liaison counsel for a variety of asbestos dockets in these states, where we oversee the local and regional attorneys to ensure consistency and effective defense strategies and results.
Our national strategy to manage the asbestos defense has successful and, in numerous instances, has reduced legal expenses by millions of dollars when compared to the amount companies paid when they were being represented by other firms. This unique and aggressive approach to managing asbestos cases has been acknowledged by courts throughout the country.
We have also defended mass toxic tort suits brought against manufacturers of pharmaceutical, industrial and chemical compounds that are petrochemical in nature. These lawsuits stem from assertions that exposure to these chemicals has led to ailments like occupational asthma as well as restrictive and obstructive lung disorders, as well as other neurological conditions.
Medical Expert Witnesses
Medical expert witnesses are critical in asbestos cases, mostly because the signs of exposure to asbestos are easily confused with other conditions like emphysema and other types of lung cancer. It is crucial that attorneys have access to experts who can differentiate the various types of diseases and demonstrate how each disease is the result of different exposures.
Medical records of asbestos victims are often the most reliable source of this evidence. X-rays, CT scans and biopsy samples are often available to review. To make the most of the information available, medical professionals must sort through the data and offer their opinion on the probable causes, probabilities, and other issues.
Medical experts who provide testimony in asbestos cases have a great reputation and have been involved in dozens, if not hundreds of cases. This reputation increases their credibility before jurors. Furthermore, the experience of the doctors who prepare for testimonies is that they know how to anticipate questions from the defense and how to provide evidence to the court.
It is essential that experts from both the scientific and medical fields present their opinions on the various causes of asbestos-related diseases. It is not enough to prove that the patient has mesothelioma. It must be demonstrated how asbestos exposure exposed the plaintiff to the carcinogen and the reason smoking increased the risk of mesothelioma.
Expert witness fees can be a significant portion of the expenses that are associated with asbestos cases. Therefore, it is crucial that a defense attorney is adept at identifying and choose the best expert witness for the particular case.
We represent manufacturers, material suppliers, distributors and premises owners in asbestos cases in state and federal courts across the United States. 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.