Asbestos Defense Litigation

Asbestos cases require careful investigation of the injured person's work history, identifying asbestos-related materials and locating potential defendants. This may involve gathering information from co-workers, relatives, abatement workers, and analysing documents and other material.

Cetrulo LLP has served as regional and national Defense Liaison Counsel in 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 found in a variety of building materials, including cement products, paints and floor tiles. It is also found in artex, adhesives doors insulation, adhesives, and doors. It is very difficult to determine whether or not an item is asbestos-free from its appearance only. 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, which means they can travel for long distances, even through closed doors or windows. Once they reach the lungs they can lead to the development of serious health conditions. Asbestos is most dangerous when it becomes damaged and releases deadly fibres into the air. It is very important to avoid removing or destroying building materials unless they've been properly labeled and accompanied by an inspection.

Due to the long time between exposure and disease, obtaining meaningful discovery in an asbestos lawsuit is extremely challenging. In addition there are significant issues related to the admissibility of experts from plaintiffs and testimony about the causal connection between asbestos exposure and diseases.

In these kinds of situations, asbestos defense attorneys can often successfully argue for summary judgments in the absence of a factual foundation. For example, imagine that plaintiff Paul was involved in a multi-vehicle collision in New York City. But, he doesn't have 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.

In this kind of scenario, an experienced New York mesothelioma lawyer should be consult. They will review all the facts and documents, including any expert reports to determine if a summary judgment is the best remedy. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients through this procedure. Asbestos law firms that are nationwide can help their clients in filing their claims in the most favorable jurisdiction. This could include the State of New York or a federal court located in New York City.

Asbestos Disease Identification

Asbestos is not being mined in the United States. However, it can still be found in buildings and products manufactured before 1989. These products can release fibers into the air as they degrade. They can be inhaled. These fibers can trigger a variety of types of lung diseases.

Lung diseases that result from asbestos exposure include mesothelioma, asbestosis and pleural disease. Inhaling asbestos fibers can trigger a number of symptoms, including chest pain, fatigue and breath shortness. These symptoms could not manifest until years after exposure to asbestos.

All forms of asbestos including chrysotile, are carcinogenic to humans. Exposure to asbestos can cause lung cancers larynx, ovaries and larynx. It also can cause a form of mesothelioma that develops in the linings of body cavities, like those in the stomach, heart and testes. Mesothelioma is difficult to identify because it has a latent period of time and shares many symptoms with other diseases, such as rheumatoid arthritis and sarcoidosis.

People most likely to develop asbestos litigation paralegal-related illnesses are those who have worked directly with the substance or were exposed to a significant amount of environmental toxins. These include boilermakers, construction workers and shipyard workers, railroad and U.S. Navy veterans; and those who helped with cleaning up following the September. 11 terrorist attacks. They may be suffering from chest pain, coughing and breathing problems.

A doctor can determine whether a patient suffers from an asbestos-related disease by looking at the patient's medical background, work history and family history. X-rays and CT scans can confirm an asbestos-related illness. Patients diagnosed with asbestosis should undergo a yearly pulmonary function test to monitor the condition. This test can identify the progress of asbestosis and detect other health issues that can be a result of this disease. Patients suffering from asbestosis should also receive regular vaccinations to prevent the onset of other respiratory ailments such as psoriasis. The EPA provides an TSCA Hotline and an Asbestos Ombudsman that can provide additional information and help.

Asbestos Database Development

Asbestos is one of the fibrous minerals that were extensively employed in industrial and construction settings because of its durable, fire retardant, and corrosion-resistant properties. Asbestos particles inhalation can cause numerous medical issues such as mesothelioma, which is lung cancer as well as other organs, and neurological dysfunctions. These diseases can manifest 30 years or longer.

In many Asbestos litigation Cases cases, there are multiple defendants and complicated discovery. This is often complicated when the asbestos-related products that are involved in a particular case cannot be identified. The ability to identify each product in an asbestos case requires the assistance of forensic experts as well as the use of a range of investigative tools and methods, such as interviews with former co-workers and other witnesses and subpoenaing work orders, invoices, and delivery documents from employers, and obtaining samples from both workplaces and homes. It is also essential to determine the type of asbestos, whether it's amosite or crysotile, or crocidolite.

We have a vast amount of experience protecting companies in the asbestos industry. This includes manufacturers of products, Asbestos Defense Litigation distributors and suppliers as well as contractors. Our team has been the National Coordinating Counsel and Trial Counsel for numerous asbestos litigation clients and has defended these companies in multiple jurisdictions across the United States. We are also Defense Liaison Counsel for a number of these states' asbestos dockets which we manage regional and local counsel to ensure uniform and cost-effective defense strategies and results.

Our national strategy for managing asbestos defense has proved to be effective and, in numerous instances, has reduced legal expenses by millions of dollars when compared to the costs companies were paying when they were being represented by other firms. This unique and aggressive approach to managing asbestos cases has been acknowledged by the courts across the country.

We are also experienced in the defense of massive toxic tort lawsuits filed against the manufacturers of pharmaceuticals and industrial chemicals and petrochemicals. These lawsuits are based upon claims that exposure to these chemicals has led to illnesses such as occupational asthma and Asbestos Defense Litigation restrictive and obstructive pulmonary disorders, and a variety of neurological disorders.

Medical Expert Witnesses

Expert medical witnesses are essential in asbestos cases, mostly because many of the symptoms of asbestos exposure can be easily confused with other conditions such as emphysema or other forms of lung cancer. It is essential that lawyers have access to these experts who can help distinguish the different diseases and show how each disease is the result of different types exposures.

Medical records of asbestos victims are usually the most reliable source of this evidence. X-rays can be found as are CT scans and biopsies. However, to get the most value from the information available, it is necessary to have medical experts who can analyze the information and offer opinions on probabilities, causation and other issues.

The medical experts involved in asbestos law and litigation cases are usually 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. These doctors have a lot of experience in preparing themselves to testify, and therefore they know how best to answer questions from defendants and how to present the evidence to the judge.

It is important to have experts from both the scientific and medical fields present their opinions on the various causes of asbestos disease. It is not enough to prove that the patient has mesothelioma. It must be proven that the asbestos defendant exposed the plaintiff to carcinogens and how smoking aggravated the risk of mesothelioma.

Expert witness fees can account for much of the overall expenses associated with an asbestos case. It is therefore important that the defense attorney is adept at identifying and select the most qualified expert witness for a particular case.

We represent material manufacturers, suppliers of products distributors, premises owners and material suppliers in asbestos cases before the federal and state courts across the United States. Our team of dedicated and experienced lawyers are adept both defensively and offensively in asbestos litigation. Contact us today for more information on how we can help you.