Asbestos Defense Litigation
Asbestos cases require diligent investigation of the victim's work background, identifying asbestos-related products, and locating potential defendants. This could involve obtaining information from co-workers, relatives or abatement workers and studying documents and other materials.
Cetrulo LLP served as national and Regional Defense Liaison Counsel for 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, such as cement products, paints and floor tiles. It can also be found in artex, adhesives doors, insulation, and adhesives. It can be very difficult to determine if an item is asbestos-free from its appearance alone. The most effective method to determine the presence of asbestos is to have a professional environmental surveyor conduct an inspection.
Asbestos fibers are tiny and light, meaning they can travel for a long distance even through closed doors and windows. Once they reach the lungs, they can lead to the formation of serious health issues. Asbestos is most dangerous when it is damaged and releases deadly fibres into the air. This is why it's very important that building materials don't be removed or disturbed unless they are properly labeled and supported by a professional inspection.
Due to the lengthy latency between asbestos exposure and illness, it is very difficult to obtain relevant information in an asbestos case. There are also significant concerns regarding the admissibility of and testimony of expert witnesses for plaintiffs and the causal connection between exposure to asbestos and diseases.
In these types of situations asbestos defense lawyers can often successfully argue for summary judgments due to the lack of a solid factual basis. Imagine, for example, that plaintiff Paul was involved in a multi vehicle accident in New York City. However, he has no information about the date and location of the accident, the cars involved or any other details that might help to determine that defendant David is responsible for his injuries.
In this type of circumstance in this type of situation, a seasoned New York mesothelioma lawyer should be in contact. They will examine all facts and documents, including expert reports to determine if a summary judgment is the appropriate remedy. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients in this process. Asbestos firms that practice nationwide can assist 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 no longer mined in the United States. However, it can still be found in buildings and products made prior to 1989. When these materials degrade they release tiny fibers into the air that can be breathed in by those in the vicinity. These fibers can cause several types of lung disease.
Lung diseases resulting from asbestos exposure include the pleural diseases (pleural plaques, thickening, and effusions) asbestosis, mesothelioma, and asbestosis. People who breathe in asbestos fibers can experience a range of symptoms, including chest pain, fatigue, and shortness of breath. These symptoms may not manifest until years after exposure to asbestos.
All forms of asbestos, including chrysotile are carcinogenic for humans. Exposure to asbestos can cause cancers of the lung, larynx and ovaries. It can also cause a form of mesothelioma within the linings that line body cavities such as the stomach, the heart and tests. Mesothelioma isn't easy to recognize, as it has a long, latent period and a variety of symptoms that are similar with other conditions, such as rheumatoid arthritis and sarcoidosis.
The people who have worked with asbestos or have been exposed to significant environmental factors are the most at risk of developing asbestos-related diseases. This includes boilermakers, construction workers and shipyard workers, railroad and U.S. Navy veterans; and those who participated in cleanup after the Sept. 11, 2001 terrorist attacks. Some of them might experience chest pain, coughing, and breathing difficulties.
A doctor can tell if the patient suffers from an asbestos-related illness by looking over the medical history, work and family histories. X-rays, CT scans and other tests can help doctors confirm an asbestos-related diagnosis. Patients with asbestosis are encouraged to have a yearly lung function test. This test will allow them to monitor their condition. The test will help detect the progress of asbestosis and detect other health issues that can be associated with this disease. Asbestosis sufferers should be vaccinated regularly to prevent other respiratory diseases like psoriasis. The EPA has a TSCA Hotline as and an asbestos Ombudsman who can provide more information and help.
Asbestos Database Development
Asbestos is made up of fibrous minerals. It was widely used in the construction and industry because of its durability as well as its fire-repellant and corrosion resistance properties. Asbestos particles inhalation can cause various health issues such as mesothelioma, which is a cancer of the lungs and other organs, as well as neurological dysfunctions. These conditions may take 30 years or more to manifest.
In many asbestos cases, there are multiple defendants and complex discovery. This is often complicated when the asbestos-related products that are involved in a particular case cannot be identified. To identify each asbestos product it is necessary to employ forensic experts, as well as various investigative methods and tools that include interviewing former co-workers, obtaining invoices and delivery documents and taking samples at home and at work. The type of asbestos- amosite, chrysotile, or crocidolite, must be identified.
We have a wealth of experience in defending asbestos-related companies including product manufacturers, distributors suppliers, contractors, and contractors. Gary asbestos attorney has served as National Coordinating Counsel and Trial Counsel for a number of clients in asbestos litigation and has represented these companies in numerous jurisdictions across the country. We are also Defense liaison counsel for several asbestos dockets in these states where we manage the local and regional attorneys to ensure consistency and effective defense strategies as well as outcomes.
Our national strategy to manage the asbestos defense has proved to be effective and, in a number of instances, has reduced legal expenses by millions of dollars compared to the amount companies paid when they were being represented by other firms. Courts across the nation have recognized this unique and aggressive method of handling asbestos cases.
We also have experience the defense of massive toxic tort lawsuits filed against manufacturers of pharmaceutical and industrial chemicals and petroleum chemicals. These lawsuits are based on claims that exposure to these chemicals can cause illnesses such as occupational asthma as well as restrictive and obstructive lung disorders, and other neurological conditions.
Medical Expert Witnesses
Expert medical witnesses in asbestos cases are essential in part because the signs of asbestos exposure may be confused with other conditions like emphysema and other types of lung carcinoma. It is essential for attorneys to have access to experts in these fields to assist in identifying the various types of diseases and explain the causes of each disease by different types of exposures.
Often, the best source of this evidence is the asbestos victim's medical records. X-rays can be found and can be accessed through CT scans and biopsies. To make the most out of these data, medical experts are required to sort through the information and offer their opinions on possible causes, probabilities and other issues.
The medical experts involved in asbestos cases are usually well-known and have testified in dozens, or even hundreds of other cases. This reputation increases their credibility before jurors. These doctors have a lot of experience in preparing to testify, so they know the best way to answer questions from defendants and how to present the information to the court.
It is crucial that both scientists and medical experts testify on the different causes of asbestos-related diseases. It is not sufficient to prove that the mesothelioma patient is in fact diagnosed. It is necessary to prove that the asbestos defendant exposed her to the carcinogen and how smoking can increase the risk of mesothelioma.
Expert witness fees can be an enormous portion of overall costs associated with an asbestos case. It is therefore important that a defense attorney is capable of quickly identifying and select the most qualified expert witness for a particular case.
We represent material suppliers, product manufactures distributors, premises owners and material suppliers in asbestos cases before state and federal courts across the country. Our team of highly experienced and committed lawyers is well-versed in asbestos litigation, offensively and defensively. Contact us today to learn how we can assist you.