Asbestos Defense Litigation
Asbestos cases require a thorough investigation of the victim's work history, identifying asbestos-related materials, and locating potential defendants. This can include obtaining information from relatives, coworkers members, abatement workers and analyzing the records.
Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets and collaborate with local counsel to develop the same, 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 is also found in adhesives, artex, doors insulation, adhesives, and doors. It is extremely difficult to determine if a material contains asbestos from its appearance alone. The best way to identify the presence of asbestos is to have a professional environmental surveyor perform an inspection.
When asbestos fibres are airborne, they're small and light - meaning they can travel long distances even through closed windows or doors. When they reach the lungs, they can cause serious health issues. Asbestos can be dangerous when it's damaged, releasing deadly fibers into the air. It is vital to avoid removing or destroying building materials unless they have been properly labeled and accompanied by an inspection.
Due to the long time between asbestos exposure and disease, it is very difficult to obtain relevant discovery in an asbestos action. In addition there are a number of issues related to the admissibility of experts from plaintiffs and testimony about the causal connection between asbestos exposure and the onset of disease.
In these types of cases, asbestos defense attorneys are often able to successfully argue for summary judgments in the lack of a factual basis. Imagine, for example, that plaintiff Paul was involved in an accident involving multiple vehicles in New York City. He is not aware of the date, time the cars involved, or any other information that could be used to support a conclusion that defendant David was responsible for his injuries.
In this type of circumstance, an experienced New York mesothelioma lawyer should be in contact. They will review all the facts and documents, including any expert reports to determine if summary judgment is the best solution. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients through this process. Asbestos firms that practice nationwide can also assist their clients with filing their claims in the most appropriate jurisdiction. This could include the State of New York or a federal court in New York City.
Asbestos Disease Identification
Asbestos is not being mined in the United States. However, it is still present in products and buildings manufactured before 1989. These products can release fibers into the air when they begin to degrade. They can be breathed in. These fibers have been known to cause various lung illnesses.
Lung diseases that are a result of asbestos exposure include pleural disease (pleural plaques, thickening and effusions), asbestosis and mesothelioma. Inhaling these fibers can cause various symptoms, including chest pain, fatigue and a shortness of breath. These symptoms might not show up until decades after exposure to asbestos.
All forms of asbestos, including chrysotile, are carcinogenic to humans. Exposure to asbestos can cause lung cancers, larynx and ovaries. It also can cause a form of mesothelioma that develops in the linings of body cavities, including those found in the stomach, the heart and the testes. Mesothelioma can be difficult 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.
People who are most likely to suffer from asbestos-related illnesses are those who worked directly with the substance or experienced significant environmental exposure. This includes boilermakers, construction workers and shipyard workers; railroad workers and U.S. Navy veterans; and those who helped with cleanup after the September. 11 terrorist attacks. Some of the symptoms of those who suffer from this condition include difficulty breathing coughing, chest pain and chest pain.
A doctor can determine whether a patient suffers from an asbestos-related disease by examining the patient's medical history, work history and family background. X-rays and CT scans can identify the presence of asbestos-related conditions. Patients with asbestosis are encouraged to have a yearly lung function test. This can help monitor their condition. This test can detect asbestosis's progress and reveal other health issues that could be associated with the 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 additional information and support.
Asbestos Database Development
Asbestos is made up of fibrous minerals. It was widely used for construction and industry because of its durability, fire retardant and corrosion resistance properties. The inhalation of asbestos particles, however, can cause a variety of medical problems including mesothelioma (a cancer of the lungs and other organs) and chronic lung diseases, and neurological disorders. These conditions can manifest for in 30 years or more.
Many asbestos cases involve multiple defendants and require complex discovery that is often complicated because of a failure to identify the correct asbestos products involved in each case. The ability to identify each product in an asbestos case requires the help of forensic experts, and the use of a range of investigative tools and methods, such as interviews with former colleagues and other witnesses as well as subpoenaing work order invoices, and delivery documents from employers, and taking samples from workplaces and at home. It is also essential to determine the type of asbestos, whether it's amosite, crysotile or the crocidolite.
We have a wealth of experience defending companies involved in the asbestos industry. This includes manufacturers of products distributors, suppliers and manufacturers as well as contractors. Our team has served as National Coordinating Counsel and Trial Counsel for a variety 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 across these states, which we manage local and regional attorneys to ensure consistent and effective defense strategies and results.
Our national approach to managing asbestos defense has proven efficient. In numerous instances it has reduced legal costs by millions of dollars contrasted to the amount that corporations paid to other firms. This unique and aggressive method of managing asbestos cases has been acknowledged by the courts across the country.
We also have experience defense of mass toxic tort lawsuits filed against the manufacturers of pharmaceuticals and industrial chemicals and petroleum chemicals. asbestos law & litigation from claims that exposure to these substances can cause diseases like restrictive and obstructive lung diseases and occupational asthma, as well as cancers of all kinds and a variety of neurological conditions.
Medical Expert Witnesses
Medical expert witnesses in asbestos cases are vital in part because the signs of asbestos exposure may be misinterpreted as other ailments like emphysema, among others of lung carcinoma. It is essential for attorneys to have access to experts in these fields who can aid in identifying different diseases and explain the causes of each disease by different types of exposure.
The most reliable evidence for this is the medical records of asbestos victims. X-rays can be found and can be accessed through CT scans and biopsies. To make the most out of the information available, medical professionals are needed to sift the information and offer their views on possible causes, probabilities and other issues.
The medical experts involved in asbestos cases are typically very well-known and have been a witness in dozens, or even hundreds of other cases. This credibility increases the credibility of these experts to the jury. Furthermore, the experience of these doctors in preparing for testimony means that they know how to anticipate questions from the defense and how to present information to the judge.
In addition to medical experts, it is also necessary to have experts from the scientific community testify about the various causes of asbestos diseases. It is not enough to prove that the victim has mesothelioma. It has to be demonstrated how the asbestos defendant exposed the plaintiff to the carcinogen and the reason smoking increased the risk of mesothelioma.
Expert witness fees can make up a significant portion of the costs associated with asbestos cases. This is why it is important for the attorney representing the client to be able to effectively identify and hire the right expert witness for a given case.
At Swartz Campbell, we counsel material suppliers, product manufacturers, premises owners, distributors employers, and other defendants in asbestos cases in state and federal courts across the nation. Our team of dedicated and experienced lawyers are adept both offensively and defensively in asbestos litigation. Contact us today to find out what we can do to assist you.