Asbestos Defense Litigation

Asbestos cases must be thoroughly investigated. This includes identifying asbestos-related products and finding potential defendants. This may involve gathering information from co-workers, relatives asbestos abatement workers, as well as analyzing records and materials.

Cetrulo LLP has served as national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and coordinate with local counsel to achieve efficient, cost-effective defense strategies.

Asbestos Product Identification

Asbestos can be found in a myriad of building materials, including cement products, paints, floor tiles, adhesive artex, insulation, and asbestos Defense Litigation doors to name some. It is hard to determine whether a particular product has asbestos or not simply by looking at it. A certified environmental surveyor can conduct an inspection to determine whether the material is contaminated with asbestos.

When asbestos fibres are airborne, they are small and light - meaning they can travel long distances even through closed doors or windows. When they reach the lungs, they can cause serious health issues. Asbestos is the most hazardous when it becomes damaged, releasing deadly fibers into the air. It is very important to avoid removing or destroying construction materials unless they've been properly labelled and accompanied by an inspection.

Due to the lengthy time between exposure and illness finding meaningful evidence in an asbestos case is extremely difficult. There are also serious issues relating to the admissibility of and testimony of expert witnesses and the causal link between exposure to asbestos and disease.

In these types of situations asbestos defense lawyers are often able to successfully argue for summary judgments due to the lack of a factual basis. Consider, for instance, that plaintiff Paul was in a multi-vehicle accident in New York City. However, he has no details about the date or location of the accident, the vehicles involved, or any other facts that might support the conclusion that defendant David is liable for his injuries.

A New York mesothelioma attorney with expertise in this field should be consulted. They will look over the facts of the case, along with 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 in this procedure. Asbestos law firms throughout the country can assist their clients submit their claims to the best jurisdiction. This could be the State of New York or a federal court in New York City.

Asbestos Disease Identification

Asbestos is not mined anymore in the United States. However, it can still be present in products and buildings made prior to 1989. These products can release fibers into the air as they degrade. They can be breathed in. These fibers can cause many lung illnesses.

Lung diseases that are a result of asbestos exposure include the pleural diseases (pleural plaques, thickening and effusions) as well as mesothelioma and asbestosis. Inhaling these fibers can cause many symptoms, including chest pain, fatigue and a shortness of breath. These symptoms may not show up until decades after a person is exposed to asbestos.

All forms of asbestos, including chrysotile are carcinogenic for humans. Exposure to asbestos can cause cancers of lungs, larynx, and ovaries. It also can cause mesothelioma which develops in the tissues of body cavities, including those found in the stomach, the heart and the tests. Mesothelioma is difficult to identify because it has a long period of time and has symptoms with other conditions such as rheumatoid joint arthritis and sarcoidosis.

People who are most likely to suffer from asbestos-related illnesses are those who directly with the material or had exposure to significant environmental hazards. This includes boilermakers, construction workers and shipyard workers; railroad workers and U.S. Navy veterans; and those who participated in cleanup after the September. 11, 2001 terrorist attacks. Some of them may suffer from chest pain, coughing or breathing problems.

A doctor can determine if an individual suffers from an asbestos-related condition by reviewing a person's medical background, work and family history. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos-related illness. Patients diagnosed with asbestosis should be yearly tested for lung function test to track the condition. This test can identify the progression of asbestosis and determine other health issues that can be a result of this disease. Patients with this condition should also get regular vaccinations to prevent the onset of other respiratory ailments, such as psoriasis. The EPA offers an TSCA Hotline and an asbestos Ombudsman who can provide additional information and help.

Asbestos Database Development

Asbestos is a class of fibrous minerals that was often used in industrial and construction settings due to its long-lasting, fire retardant, and corrosion-resistant properties. Asbestos particles inhalation can cause various health issues such as mesothelioma, which is a cancer of the lungs and other organs, as well as neurological dysfunctions. These conditions can manifest for in 30 years or more.

In many asbestos cases there are several defendants and complex discovery. This can be a challenge when the asbestos-related products involved in a case cannot be identified. To identify each asbestos product, forensic experts are needed in addition to various investigative tools and methods like interviewing former coworkers, collecting invoices and delivery papers, and taking samples at work and at home. It is also necessary to determine the type of asbestos, whether it's amosite or crysotile, or crocidolite.

We have extensive experience defending asbestos-related businesses including product manufacturers, distributors, Asbestos Defense Litigation suppliers, and contractors. Our team has served as National Coordinating Counsel and Trial Counsel for a number of asbestos litigation clients and has defended the companies in a variety of jurisdictions across the United States. We also serve as Defense Liaison Counsel for a number of these states' asbestos dockets, which we manage regional and local counsel to ensure consistent and cost-effective defense strategies and outcomes.

Our national strategy for managing asbestos defense has successful and, in a number of instances, has decreased legal expenses by millions of dollars when compared to what companies were paying when they were being represented by other firms. This unique and aggressive method of managing asbestos cases has been acknowledged by the courts across the country.

We have also defended mass toxic tort suits filed against the manufacturers of industrial, pharmaceutical and petrochemical chemicals. These lawsuits stem from claims that exposure to these chemicals has led to ailments like occupational asthma and restrictive and obstructive pulmonary disorders, and other neurological disorders.

Medical Expert Witnesses

Expert medical witnesses are essential in asbestos cases, principally because the symptoms of asbestos litigation meaning exposure can be easily confused with other illnesses like emphysema, or other types of lung cancer. It is crucial for lawyers to have access to experts in these fields to aid in identifying different diseases and to show how each disease is caused by different kinds of exposures.

Medical records of asbestos-related victims are typically the most reliable source of this evidence. X-rays can be found as are CT scans and biopsies. To make the most out of this information, medical experts must sort through the data, and provide their views on probable causes, probabilities, and other issues.

The medical experts involved in asbestos cases are generally very well-known and have been a witness in dozens, or even hundreds of other cases. This reputation increases their credibility before the jury. These doctors have a great deal of experience in preparing themselves to testify, so they know how to answer questions from the defendants and how to present the evidence to the court.

It is crucial that both scientists and medical experts present their opinions on the various causes of asbestos disease. It is not enough to prove that the mesothelioma patient is in fact diagnosed. It must be shown that the asbestos defense litigation defendant exposed her to carcinogens and how smoking can increase the risk of mesothelioma.

Expert witness fees can make up a substantial portion of costs associated with asbestos cases. It is therefore important that a defense attorney be capable of quickly identifying and select the most qualified expert witness for any given case.

At Swartz Campbell, we counsel material manufacturers, suppliers distributors, premises owners employers, employers and other defendants in asbestos cases in federal and state courts across the country. Our team of dedicated and experienced lawyers are adept both offensively and defensively in asbestos litigation. Contact us today to learn what we can do to help you.