Asbestos Defense Litigation
Asbestos cases need to be thoroughly investigated. This includes identifying asbestos products and locating potential defendants. This can involve obtaining information from relatives, coworkers, 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 is present in a variety of building materials, including cement products, paints floor tiles, adhesive artex, insulation, and doors to name a few. It is extremely difficult to determine if an item is asbestos-free from its appearance only. asbestos defense litigation can conduct an inspection to determine the presence of 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. When they reach the lungs they can cause the development of serious health conditions. Asbestos becomes dangerous when it is damaged and releases harmful fibres into the air. This is why it's important that building materials don't be tampered with or removed without proper labeling and supported by an inspection by a professional.
Due to the lengthy latency between exposure and disease the process of obtaining evidence-based discovery in an asbestos case is extremely difficult. In addition there are significant issues regarding the admissibility of plaintiffs' experts and testimony about the causal link between asbestos exposure and disease.
In these situations asbestos defense lawyers often argue for summary judgement based on the absence of a factual foundation. For example, imagine that plaintiff Paul was involved in a multi-vehicle crash in New York City. However, he does not have information about the date and location of the accident, the vehicles involved, or any other facts that could be used to prove that defendant David is liable for his injuries.
A New York mesothelioma attorney with expertise in this field is recommended. They will look over the details of the case as well as any expert reports or other documentation to determine if summary judgment is the right remedy. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy are able to assist their clients with this process. Asbestos firms who practice across the country 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 mined anymore in the United States. However, it is still found in buildings and products manufactured before 1989. These products release fibers into the air when they deteriorate. They can be breathed in. These fibers can cause a variety of kinds of lung diseases.
The lung diseases caused by asbestos exposure include mesothelioma, asbestosis and pleural disease. Inhaling these fibers can cause a number of symptoms, including chest pain, fatigue, and shortness of breathe. These symptoms might not show up until decades 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 also can cause mesothelioma, a type of cancer that develops in the tissues of body cavities, such as those found in the stomach, heart and testes. Mesothelioma is difficult to recognize because it has a long period of time and has symptoms with other diseases, such as rheumatoid arthritis and sarcoidosis.
Those who have been exposed to asbestos or who have been exposed to significant environmental factors are the most at risk of developing asbestos-related ailments. This includes boilermakers, construction workers and shipyard workers, railroad and U.S. Navy veterans; and those who helped with cleanup following the September. 11, 2001 terrorist attacks. Some of them may be suffering from chest pain, coughing, and breathing difficulties.
A doctor can determine if a patient is suffering from an asbestos-related illness by reviewing the person's medical history, work history and background of family members. X-rays, CT scans and other tests can aid doctors in confirming the diagnosis of asbestos-related illness. Patients suffering from asbestosis are advised to have a yearly lung function test. This will help keep track of their condition. This test can help detect asbestosis's progress and reveal other health problems that may be related to the disease. Patients suffering from this condition should also receive regular vaccinations to avoid the onset of other respiratory illnesses such as psoriasis. The EPA has a TSCA Hotline as well as an Asbestos Ombudsman who can provide more information and help.
Asbestos Database Development
Asbestos is composed of fibrous minerals. It was extensively used for construction and industry because of its durability as well as its fire-repellant and corrosion resistance properties. Inhaling asbestos particles can cause a variety of medical problems including mesothelioma (a cancer of the lungs and other organs) as well as chronic lung diseases, as well as other neurological disorders. These illnesses can be seen for in 30 years or more.
In many asbestos cases there are multiple defendants and complex discovery. This can be difficult when the asbestos materials that are involved in a particular case cannot be identified. To identify each asbestos product, forensic experts are needed along with various investigative methods and tools like interviewing former co-workers, obtaining invoices and delivery papers, and taking samples at work and at home. It is also essential to determine the type of asbestos, such as it's amosite, crysotile or crocidolite.
We have a wealth 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 a variety of clients involved in asbestos litigation. We have represented clients across the United States. We also serve as Defense Liaison Counsel for a number of the asbestos dockets in the states, where we manage regional and local counsel to ensure consistent and cost-effective defense strategies as well as 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 to the amount that corporations paid to other firms. The courts across the country have recognized this unique and aggressive method of managing asbestos cases.
We also have experience the defense of massive toxic tort lawsuits brought against manufacturers of pharmaceutical and industrial chemicals and Petrochemicals. These lawsuits are based on the claim that exposure to these chemicals has caused diseases like occupational asthma, 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 exposure can be easily confused with other illnesses such as emphysema or other forms of lung cancer. It is crucial that attorneys have access to these experts who can help distinguish the various diseases and explain the way each disease is the result of different types of exposures.
Medical records of asbestos victims are often the best source for this evidence. X-rays are readily available and can be accessed through CT scans and biopsies. To make the most out of these data, medical experts are needed to sift the information and offer their opinions on probabilities, causes, and other issues.
The medical experts involved in asbestos cases are usually very well-known and have testified in dozens or even hundreds of other cases. This credibility increases their credibility in the eyes of jurors. Furthermore, the experience of these doctors in preparing for trial is that they know how to anticipate questions from the defense and how to present information to the court.
It is important to have both scientists and medical experts to testify about the various causes of asbestos disease. It is not enough to prove the mesothelioma patient is in fact diagnosed. It is necessary to prove that the asbestos victim exposed her to the carcinogen and the reason smoking increases the risk of mesothelioma.
Expert witness fees can be a significant portion of the costs in asbestos cases. This is why it is crucial for a defending attorney to be able choose and employ the most suitable expert witness for a given case.
We represent manufacturers, material suppliers distributors, and property owners in asbestos cases in 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 today to learn how we can help you.