Asbestos Defense Litigation
Asbestos cases require a thorough examination of the person who was injured's work history, identifying asbestos products and locating potential defendants. This can include obtaining information from relatives, coworkers members, abatement workers and studying documents.
Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets and collaborate with local counsel to develop consistent, cost-effective defense strategies.
Asbestos Product Identification
Asbestos can be present in a variety of building materials, such as cement products, paints, and floor tiles. It is also present in adhesives, artex, doors insulation, adhesives, and doors. It is hard to determine whether a product contains or is not made of asbestos by its appearance. A professional environmental surveyor can conduct an inspection to determine whether the material is contaminated with asbestos.
Asbestos fibres are small and light, so they can travel for a long distance, even through closed doors or windows. Once they reach the lungs they can lead to the development of serious health conditions. Asbestos is dangerous if it is damaged and releases harmful fibres into the air. This is why it's very important that building materials not be removed or disturbed unless they are properly labeled and accompanied by an expert inspection.
Due to the long latency between asbestos exposure and disease it can be very difficult to obtain relevant information in an asbestos case. Additionally there are a number of issues regarding the admissibility of the plaintiffs' experts and testimony on the causal connection between asbestos exposure and disease.
In these situations asbestos defense lawyers often argue for summary judgment based on the absence of a factual foundation. For instance, imagine that plaintiff Paul was involved in a multi-vehicle accident in New York City. He doesn't know the date, place, cars involved or any other information that could support a conclusion that defendant David was responsible for his injuries.
In this kind of scenario, an experienced New York mesothelioma lawyer should be consult. They will look over the details of the case as well as any expert reports and other documents to determine whether or not 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 procedure. Asbestos law firms throughout the country can assist their clients file their claims in the most appropriate place. This could include the State of New York or a federal court in New York City.
Asbestos Disease Identification
Although asbestos is not mined or processed in United States, it still is present in many buildings and products that were manufactured prior to 1989. These products can release fibers into the air when they begin to 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 mesothelioma, asbestosis and pleural disease. Those who inhale these fibers may experience a variety of symptoms such as chest pain, fatigue and shortness of breath. These symptoms may not appear for a long time after an asbestos exposure.
All forms of asbestos, including chrysotile, are carcinogenic for humans. Exposure to asbestos can cause lung cancers and larynx, as well as ovaries. It can also trigger mesothelioma which develops in the interior of body cavities, including those found in the stomach, heart and tests. Mesothelioma is difficult to recognize because it has a latent period of time and has symptoms with other diseases like rheumatoid arthritis and sarcoidosis.
People who have worked with asbestos or have been exposed to significant environmental factors are the most at risk of developing asbestos-related ailments. This includes construction workers, boilermakers, and shipyard workers. Also included are railroad and U.S. Navy vets and those who worked to clean up after the terrorist attacks of September 11, 2001. Some of them may suffer from chest pain, coughing and breathing problems.
A doctor can determine if the patient suffers from an asbestos-related illness by looking over the patient's medical history, work and family histories. X-rays, CT scans and other tests can help doctors confirm an asbestos-related diagnosis. Patients diagnosed with asbestosis should have a yearly lung function test to track the condition. This test can help detect asbestosis ' progression and also identify other health problems that may be related to the disease. Patients with asbestosis should also be vaccinated regularly to prevent other respiratory illnesses like psoriasis. The EPA provides an TSCA Hotline and an Asbestos Ombudsman who can provide additional information and help.
Asbestos Database Development
Asbestos is a group of fibrous minerals that were once widely used in construction and industrial settings due to its tough as well as fire-proof and corrosion resistant properties. Daly City asbestos lawyers of asbestos particles can cause a variety of medical conditions, including mesothelioma (a lung cancer and other organs) as well as chronic lung diseases, as well as other neurological disorders. These conditions can manifest for 30 years or longer.
In many asbestos cases there are multiple defendants and a complex discovery. This can be a challenge when the asbestos-related products 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 techniques and tools like interviewing former colleagues, obtaining invoices and delivery documents and taking samples at home and at work. It is also essential to determine the kind of asbestos, if it's amosite, crysotile or crocidolite.
We have extensive experience in protecting companies in the asbestos industry. This includes product manufacturers distributors, suppliers, and manufacturers as well as contractors. Our team has acted as National Coordinating Counsel, Trial Counsel and Defense Counsel for a variety of asbestos litigation clients. We have represented companies in multiple jurisdictions throughout the United States. We also serve as Defense Liaison Counsel for a number of the states' asbestos dockets, where we manage local and regional counsel to ensure consistency and cost-effective defense strategies as well as results.
Our national strategy for managing asbestos defense has been proven effective and, in a number of instances, has decreased legal spend by millions of dollars when compared to the costs companies paid when they were being represented by other firms. This unique and abrasive approach to managing asbestos cases has been acknowledged by courts throughout the country.
We have also defended massive toxic tort suits filed against 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 disorders, occupational asthma, cancers of different types and other neurological disorders.
Medical Expert Witnesses
Expert medical witnesses in asbestos cases are vital due to the fact that many signs of exposure to asbestos can be misinterpreted as other ailments like emphysema and other types of lung cancer. It is important for attorneys to have access to experts in these fields to help distinguish the various illnesses and show how each disease is caused by different types of exposures.
Medical records of asbestos-related victims are typically the most reliable source for this proof. X-rays, CT scans and biopsy samples are usually available to examination. To get the most value out of these data, medical experts must sort through the data and offer their views on probable causes, probabilities, and other issues.
The medical experts involved in asbestos cases are typically very well-known and have testified in dozens, or even hundreds of other cases. This credibility increases their credibility in the eyes of jurors. These doctors have a lot of experience in preparing themselves to be witnesses, and they know how to answer questions from the defendants and how to present the information to the judge.
It is crucial that both medical and scientific experts testify on the different causes of asbestos disease. It is not enough to prove that the victim has mesothelioma. It must be demonstrated how the asbestos defendant exposed the plaintiff to the carcinogen and the reason smoking increased the risk of mesothelioma.
Expert witness fees can make up an enormous portion of overall costs associated with an asbestos case. It is therefore crucial that the defense attorney is adept at identifying and select the most qualified expert witness for the particular case.
At Swartz Campbell, we counsel material suppliers, product manufacturers distributors, premises owners employers, and other defendants in asbestos cases in state and federal courts across the nation. Our team of committed and experienced lawyers are proficient both offensively and defensively in asbestos litigation. Contact us to find out what we can do to help you.