Asbestos Defense Litigation
Asbestos cases require careful investigation of the injured person's work background, identifying asbestos-related products and locating potential defendants. This may involve obtaining information from relatives, coworkers members, abatement workers and analyzing documents.
Cetrulo LLP has served as regional and national Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and collaborate with local counsel in order to create consistent, cost-effective defense strategies.
Asbestos Product Identification
Asbestos can be found in a wide range of building materials, including cement products, paints and floor tiles. It can also be found in artex, adhesives, doors, insulation, and adhesives. 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 the presence of asbestos.
Asbestos fibres are thin and light, so they can travel for a long distance even through closed doors or windows. Once they reach the lungs they could cause serious health issues. Asbestos becomes dangerous when it is damaged and releases harmful fibres into the air. It is very important to avoid removing or destroying building materials unless they've been properly labelled and accompanied by an inspection.
Due to the long time between exposure to asbestos and the development of disease It is extremely difficult to obtain relevant discovery in an asbestos action. In addition there are a number of concerns regarding the admissibility of the plaintiffs' experts and testimony on the causal connection between asbestos exposure and the onset of disease.
In these types of cases, asbestos defense attorneys can often successfully argue for summary judgement due to the absence of a factual foundation. Imagine, for example, that plaintiff Paul was in an accident involving multiple vehicles in New York City. However, he has no information regarding the date and 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, as well as any expert reports and other documents to determine whether or not summary judgment is the right remedy. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients through this process. Asbestos law firms throughout the country can help their clients submit their claims to the best jurisdiction. This could be the State of New York, or a federal district court located in New York City.
Asbestos Disease Identification
Asbestos is no longer mined in the United States. However, it is still present in products and buildings made prior to 1989. These products release fibers into the atmosphere when they deteriorate. They can be inhaled. These fibers are known to cause various lung illnesses.
Lung diseases related to asbestos exposure include the pleural disease (pleural plaques, thickening, and effusions) as well as mesothelioma and asbestosis. Inhaling these fibers can cause a number of symptoms, including chest pain, fatigue and shortness of breathe. These symptoms may not appear for a long time after an asbestos exposure.
All forms of asbestos, including chrysotile, are carcinogenic to humans. Asbestos exposure can cause cancers of larynx, lungs and the ovaries. It can also cause a form of mesothelioma in the linings that line body cavities such as the stomach, the heart and the testes. Mesothelioma isn't easy to recognize, as it has a long latent period and many similar symptoms with other diseases, like sarcoidosis and rheumatoid arthritis.
The people who have worked with asbestos or who have been exposed to significant environmental elements are at the highest risk of developing asbestos-related diseases. This includes construction workers, boilermakers and shipyard workers. Additionally, there are railroad and U.S. Navy vets and those who worked to clean up after the terrorist attacks of September 11, 2001. Some of the symptoms for these people include breathing difficulty, chest pain and coughing.
A doctor can tell if the patient suffers from an asbestos-related illness by looking over a person's medical history, work and family histories. X-rays and CT scans can help confirm an asbestos-related condition. Patients who are diagnosed with asbestosis should be yearly tested for lung function test to track the condition. This test can detect the progression of asbestosis and determine other health issues that can be related to this condition. Patients suffering from asbestosis should also get regular vaccinations to prevent the development of other respiratory diseases, such as psoriasis. The EPA offers a TSCA Hotline as and an asbestos Ombudsman who can provide more information and help.
Asbestos Database Development
Asbestos is one of the fibrous minerals which was once widely used in construction and industrial settings because of its durable fire-resistant, fire-proof, and corrosion-resistant properties. Inhaling asbestos particles can cause a variety medical problems such as mesothelioma, which is a cancer of the lungs, other organs, and neurological disorders. These diseases can manifest over a period of 30 years or more.
In many asbestos cases, there are multiple defendants and complicated discovery. This is often complicated when the asbestos products involved in a case can't be identified. The ability to identify each product in an asbestos case requires the help of forensic experts as well as the use of a wide array of investigative tools and methods such as interviews with former co-workers and other witnesses, subpoenaing work orders, invoices, and delivery papers from employers, and obtaining samples from home and workplaces. The type of asbestos -amosite, chrysotile or crocidolite -- should also be determined.
We have a vast amount of experience defense of companies that are involved in the asbestos industry. This includes companies that manufacture products distributors, suppliers, and manufacturers as well as contractors. Our team has served as National Coordinating Counsel, Trial Counsel and Defense Counsel for numerous clients in asbestos litigation. asbestos litigation cases have represented clients in multiple jurisdictions throughout the country. We are also Defense Liaison Counsel for a number of these states' asbestos dockets, where we manage local and regional counsel to ensure consistent and cost-effective defense strategies and outcomes.
Our national approach in managing asbestos defense has proven effective. In multiple instances it has cut legal costs by millions of dollars when compared to the amount companies paid to other firms. This unique and abrasive approach to managing asbestos cases has been acknowledged by the courts across the country.
We also have defended mass toxic tort suits brought 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 ailments like occupational asthma, restrictive and obstructive pulmonary disorders, and other neurological disorders.
Medical Expert Witnesses
Expert witnesses from medical experts are crucial in asbestos cases, mostly because the signs of exposure to asbestos can be easily confused with other ailments like emphysema, or other types of lung cancer. It is crucial that attorneys have access to these experts who can help differentiate the different diseases and show the way each disease is a result of different types exposures.
Medical records of asbestos victims are usually the best source for this evidence. X-rays are readily available and can be accessed through CT scans and biopsies. However, in order to make the most of this information, it is essential to have medical professionals who can analyze the data and opine about the probabilities, causation, 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 the credibility of these experts to the jury. These doctors have a great deal of experience in preparing to be witnesses, and they know the best way to respond to questions from defendants and how to present their findings to the court.
It is essential that experts from both the scientific and medical fields to testify about the various causes of asbestos-related diseases. It is not enough to prove that the victim 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 account for a large portion of the overall 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 the particular case.
At Swartz Campbell, we counsel material manufacturers, suppliers, distributors, premises owners, employers and other defendants in asbestos cases in state and federal courts across the country. Our team of highly experienced and dedicated lawyers is knowledgeable in asbestos litigation, both offensively and defensively. Contact us today to learn what we can do to assist you.