Asbestos Defense Litigation
Asbestos cases require diligent investigation of the injured person's work history, identifying asbestos products, and locating potential defendants. This may involve gathering information from relatives, coworkers or abatement workers and analyzing records and materials.
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 is found in a wide range of building materials, such as cement products, paints and floor tiles. It can also be found in artex, adhesives, doors insulation, adhesives, and doors. It is hard to determine if a material contains asbestos or not simply by looking at it. A professional environmental surveyor can conduct an inspection to determine whether the material is contaminated with asbestos.
When asbestos fibres become airborne, they are very small and light, which means they can travel long distances, even through closed windows or doors. Once they reach the lungs they could cause serious health issues. Asbestos can be dangerous when it is damaged and releases harmful fibres into the air. This is why it's very crucial that building materials never be removed or disturbed unless they are properly labeled and accompanied by an expert inspection.
Due to the long time between exposure and disease finding meaningful evidence in an asbestos lawsuit is extremely challenging. Additionally there are significant issues related to the admissibility of plaintiffs' experts and testimony on the causal connection between asbestos exposure and diseases.
In these cases asbestos defense lawyers often argue for summary judgement in the absence of a factual foundation. For instance, suppose that plaintiff Paul was involved in a multi-vehicle crash in New York City. However, he has no information about the date and location of the accident, the cars involved, or any other facts that might help to determine that defendant David is liable for his injuries.
A New York mesothelioma attorney with expertise in this field should be consulted. They will examine all facts and documents, including any expert reports, to determine if summary judgment is the best remedy. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can assist their clients with this procedure. Asbestos law firms across the country can help their clients submit their claims to the most appropriate jurisdiction. This could be the State of New York, or a federal district court in New York City.
Asbestos Disease Identification
Although asbestos is not being extracted or processed in the United States, it still is present in products and buildings that were produced prior to 1989. These products release fibers into the air when they begin to degrade. They can be breathed in. These fibers can cause several types of lung diseases.
Lung diseases that are a result of asbestos exposure include the pleural diseases (pleural plaques, thickening and effusions) as well as mesothelioma and asbestosis. The people who breathe in these fibers can experience a range of symptoms like chest discomfort, fatigue, and shortness of breath. These symptoms could not show up until decades after exposure to asbestos.
All forms of asbestos, including chrysotile, can cause cancer in humans. Exposure to asbestos can cause lung cancer and larynx, as well as ovaries. It can also cause mesothelioma which develops in the interior of body cavities, like those found in the stomach, heart and tests. Mesothelioma is difficult to identify because it is a latent period of time and has symptoms with other diseases like rheumatoid arthritis and sarcoidosis.
The people who have been exposed to asbestos or who have been exposed to significant environmental elements are the most at risk of developing asbestos-related illnesses. This includes boilermakers, construction workers, shipyard workers; railroad workers and U.S. Navy veterans; and those who assisted with cleaning up after the Sept. 11 terrorist attacks. They may experience chest pain, coughing or breathing difficulties.
A doctor can determine if a patient has an asbestos-related disease by reviewing a person's medical background, work and family history. X-rays and CT scans can identify an asbestos-related illness. Patients diagnosed with asbestosis must have a yearly pulmonary function test to monitor the condition. This test can help detect asbestosis progression and identify other health issues that could be connected to the condition. Patients with this condition should also get regular vaccinations to avoid the onset of other respiratory diseases like psoriasis. The EPA has a TSCA Hotline as well as an Asbestos Ombudsman who can provide more information and support.
Asbestos Database Development
Asbestos is one of the fibrous minerals that was once widely used in industrial and construction settings due to its long-lasting fire-resistant, fire-proof, and corrosion-resistant properties. Inhaling asbestos particles, however, can lead to a variety of medical conditions, including mesothelioma (a lung cancer and other organs) as well as chronic lung diseases, and neurological dysfunctions. These diseases can take 30 years or longer to be diagnosed.
In many asbestos cases there are several defendants and a complex discovery. This is often complicated when the asbestos materials involved in a case can't be identified. To identify each asbestos product the need for forensic experts, as well as various investigative techniques and tools like interviewing former coworkers, collecting invoices and delivery documents, and taking samples at home and work. The type of asbestosamosite, chrysotile or crocidolite, must be identified as well.
We have extensive experience in defending asbestos-related companies which includes product manufacturers, distributors suppliers, contractors, and contractors. Our team has acted as National Coordinating Counsel, Trial Counsel and Defense Counsel for many asbestos litigation clients. We have represented clients across the country. We also serve as Defense Liaison Counsel to several of the asbestos dockets in the states, where we manage regional and local counsel to ensure consistent and cost-effective defense strategies and results.
Our national approach to managing asbestos defense has proven effective. In numerous instances it has cut legal costs by millions of dollars when contrasted with the amount that companies pay to other firms. This unique and aggressive method of managing asbestos cases has been recognized by the courts across the country.
We also have experience the defense of massive toxic tort lawsuits brought against pharmaceutical companies and industrial chemicals and Petrochemicals. massachusetts asbestos litigation from claims that exposure to these chemicals can cause diseases like occupational asthma as well as restrictive and obstructive lung disorders, as well as other neurological disorders.
Medical Expert Witnesses
Expert witnesses from medical experts are crucial in asbestos cases, principally because the symptoms of asbestos exposure can be easily confused with other conditions like emphysema and other forms of lung cancer. It is vital that lawyers have access to experts who can differentiate the different diseases and show how each illness is the result of different exposures.
The most reliable source of this evidence is the medical records of asbestos victims. X-rays, CT scans and biopsy samples are usually available to review. To get the most value out of these data, medical experts are required to sort through the data and offer their views on probable causes, probabilities, and other issues.
Medical experts who testify in asbestos cases have a solid reputation and have been involved in dozens, or even hundreds of cases. This credibility boosts the credibility of these experts to the jury. These doctors have a lot of experience in preparing to testify, and therefore they know the best way to respond to questions from defendants and how to present the information to the judge.
In addition to medical experts in addition, it is essential to have scientific experts to testify about the various causes of asbestos diseases. It is not sufficient to prove that the mesothelioma patient is in fact diagnosed. It must be proven that the asbestos victim exposed her to the carcinogen and how smoking can increase the risk of mesothelioma.
Expert witness fees can be much of the overall costs associated with asbestos cases. It is therefore important that the defense attorney is adept at identifying and choose the best expert witness for the particular case.
At Swartz Campbell, we counsel material manufacturers, suppliers premises owners, distributors, employers and other defendants in asbestos cases in state and federal courts across the country. Our team of committed and experienced attorneys are well-versed both defensively and offensively in asbestos litigation. Contact us today to find out how our firm can assist you.