A Reference To Asbestos Defense Litigation From Start To Finish

Asbestos Defense Litigation

Asbestos-related cases must be thoroughly studied. This includes identifying asbestos products and finding potential defendants. This could include collecting information from relatives, coworkers members, abatement workers, and reviewing records.

Cetrulo LLP has served as national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and work with local attorneys to develop consistent, 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 can also be found in artex, adhesives, doors insulation, adhesives, and doors. It can be very difficult to determine whether or not the material is asbestos-free based on its appearance by itself. A professional environmental surveyor can conduct an inspection to determine the presence of asbestos.

When asbestos fibres are airborne, they are tiny and light, meaning they can travel long distances, even through closed doors or windows. Once they reach the lungs they can cause serious health issues. Asbestos can be dangerous when it is damaged and releases deadly fibres into the air. This is why it's important that building materials not be disturbed or removed without proper labeling and supported by a professional inspection.

Due to the long latency between asbestos exposure and illness, it is very difficult to obtain relevant discovery in an asbestos action. In addition there are significant issues related to the admissibility of the plaintiffs' experts and testimony about the causal connection between asbestos exposure and disease.

In these situations, asbestos defense lawyers can often argue for summary judgement based on the absence of a factual foundation. Imagine, for example, that plaintiff Paul was in a multi vehicle accident in New York City. He doesn't know the date, location, cars involved or any other details that could support a conclusion that defendant David was responsible for his injuries.

A New York mesothelioma attorney with experience in this area is recommended. They will review all the facts and documents, including expert reports, to determine if summary judgment is the right solution. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can aid their clients in this process. Asbestos firms that practice nationwide can help their clients in filing their claims in the most favorable jurisdiction. This could be the State of New York, or a federal district court in New York City.

Asbestos Disease Identification

Asbestos is not being mined in the United States. However, it is still found in the construction and other products made prior to 1989. These products release fibers into the atmosphere when they deteriorate. They can be breathed in. These fibers can trigger a variety of types of lung disease.

Lung diseases resulting from asbestos exposure include the pleural disease (pleural plaques, thickening and effusions), asbestosis and mesothelioma. The people who breathe in these fibers can experience a range of symptoms, including chest pain, fatigue, and shortness of breath. These symptoms may not manifest until years after a person is exposed to asbestos.

All forms of asbestos including chrysotile, are carcinogenic to humans. Exposure to asbestos can cause lung cancers larynx, ovaries and larynx. It can also cause a type of mesothelioma in the linings found in body cavities such as the stomach, heart and testes. Mesothelioma isn't easy to diagnose, since it has a lengthy latent period and has many symptoms that are comparable with other diseases, like sarcoidosis and rheumatoid arthritis.

The most likely to suffer asbestos-related diseases are those who have worked directly with the material or were exposed to a significant amount of environmental toxins. This includes construction workers, boilermakers and shipyard workers. Included are railroad workers and U.S. Navy vets and those who assisted in cleaning up after the terrorist attacks on September 11, 2001. These people might be suffering from chest pain, coughing, and breathing difficulties.

Sugar Land asbestos attorney  can determine if a patient is suffering from an asbestos-related illness by reviewing the person's medical history, work history and family history. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos-related illness. Patients diagnosed with asbestosis must have a yearly lung function test to check the condition. This test can detect the progress of asbestosis as well as identify other health issues that could be related to this condition. Patients suffering from this condition must also be vaccinated regularly to prevent the onset of other respiratory illnesses, 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 a group of fibrous minerals which was often employed in industrial and construction settings due to its tough fire-resistant, fire-proof, and corrosion resistant properties. The inhalation of asbestos particles can lead to a variety of medical problems including mesothelioma (a cancer of the lungs and other organs), chronic lung diseases, and neurological dysfunctions. These diseases can manifest 30 years or longer.

Many asbestos cases involve multiple defendants and require a complex investigation that is often complicated because of a failure to identify the correct asbestos products involved in each case. To determine the asbestos products involved it is necessary to employ forensic experts along with various investigative tools and methods, such as interviewing former colleagues, obtaining invoices and delivery documents, and taking samples at home and work. It is also important to determine the kind of asbestos, if it's amosite or crysotile, or crocidolite.

We have extensive experience in defending companies in the asbestos industry which includes distributors, manufacturers contractors, suppliers, and manufacturers. Our team has served as National Coordinating Counsel and Trial Counsel for a number of asbestos litigation clients and has defended these companies in multiple jurisdictions across the country. We also serve as Defense liaison counsel for several asbestos dockets in these states where we oversee the local and regional attorneys to ensure uniform and effective defense strategies and results.

Our national approach in managing asbestos defense has proven effective. In multiple instances it has reduced legal costs by millions of dollars when contrasted with the amount that companies pay to other firms. Courts across the nation have recognized this unique and aggressive approach in managing asbestos cases.

We have also defended massive toxic tort lawsuits brought against manufacturers of pharmaceutical, industrial and chemical compounds that are petrochemical in nature. These lawsuits are based on claims that exposure to these substances can cause diseases like restrictive and obstructive lung conditions, occupational asthma, cancers of different types and other neurological disorders.

Medical Expert Witnesses

Medical expert witnesses are critical in asbestos cases, primarily because many of the symptoms of exposure to asbestos can be easily confused with other illnesses like emphysema, or other forms of lung cancer. It is crucial that attorneys have access to these experts who can differentiate the various diseases and explain the way each disease is a result of different types exposures.

The most reliable evidence for this is the asbestos victim's medical records. X-rays can be found and can be accessed through CT scans and biopsies. However, to get the most benefit from this information, it is important to have medical experts who are able to analyze the data and opine about the probabilities, causation, and other issues.

Medical experts who testify in asbestos cases have a great reputation and have been involved in dozens or even hundreds of cases. This reputation increases their credibility in the eyes of the jury. Additionally, the experience of the doctors who prepare for testimonies means that they know how to anticipate questions from the defense team and how to present information to the judge.

It is important to have both scientists and medical experts present their opinions on the various causes of asbestos disease. It is not enough to show that the patient has mesothelioma; it must be proven that asbestos exposure exposed the plaintiff to the carcinogen and why smoking increased the risk of mesothelioma.

Expert witness fees can account for a large portion of the overall costs associated with asbestos cases. Therefore, it is crucial that the defense attorney is adept at identifying and select the most qualified expert witness for a particular case.

At Swartz Campbell, we counsel material manufacturers, suppliers, distributors, premises owners employers, employers and other defendants in asbestos cases in both state and federal courts across the country. Our team of highly experienced and committed lawyers is well-versed in asbestos litigation, both offensively and defensively. Contact us to find out how we can help you.