Asbestos Defense Litigation

Asbestos cases require a thorough investigation of the victim's work history, identifying asbestos products and finding potential defendants. This could involve obtaining information from relatives, coworkers asbestos abatement workers, as well as analysing documents and other material.

Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets, and work with local attorneys to achieve consistent, cost effective defense strategies.

Asbestos Product Identification

Asbestos is found in a variety of building materials, including cement products, paints, and floor tiles. It is also present in artex, adhesives, doors, insulation, and adhesives. It is extremely difficult to determine if a material contains asbestos from its appearance only. A professional environmental surveyor can conduct an inspection to determine the presence of asbestos.

When asbestos fibres become airborne, they are very tiny and light, meaning they can travel long distances even through doors or windows. When they reach the lungs, they can cause serious health issues. Asbestos is most dangerous when it's damaged and releases harmful fibers into the air. This is why it's very important that building materials not be tampered with or removed without proper labeling and followed by an expert inspection.

Due to the long time between asbestos exposure and disease it can be very difficult to obtain relevant evidence in an asbestos lawsuit. There are also significant issues regarding the admissibility and testimony of expert witnesses for plaintiffs and the causal connection between exposure to asbestos and disease.

In these cases asbestos defense lawyers often argue for summary judgement based on an lack of a factual basis. Consider, for instance, that plaintiff Paul was involved in a multi-vehicle accident in New York City. However, he has no information regarding the date and location of the accident, the cars involved or any other details that could help to determine that defendant David is responsible for his injuries.

A New York mesothelioma attorney with expertise in this field should be consulted. They will analyze the facts of the case, as well as any expert reports and other documents to determine if summary judgment is an appropriate remedy. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can assist their clients in this procedure. Asbestos law firms located across the country can assist their clients submit their claims to the most appropriate place. This could include the State of New York or a federal court located in New York City.

Asbestos Disease Identification

Although asbestos is no longer extracted or processed in the United States, it still exists in buildings and products that were produced prior to 1989. When these products deteriorate, they release tiny fibers into the air that are inhaled by those who are nearby. These fibers can trigger a variety of kinds of lung diseases.

Lung diseases that are a result of asbestos exposure include the pleural disease (pleural plaques, thickening, and effusions) as well as mesothelioma and asbestosis. Inhaling these fibers can cause various symptoms, including chest pain, fatigue and shortness of breathe. These symptoms may not appear for a long time after an asbestos exposure.

All forms of asbestos, including chrysotile, are carcinogenic for humans. Exposure to asbestos litigation wiki causes lung cancers larynx, ovaries and larynx. It can also trigger mesothelioma which develops in the tissues of body cavities, like those in the stomach, the heart and the testes. Mesothelioma can be difficult to diagnose, since it has a long, latent period and has many symptoms that are comparable with other diseases, like rheumatoid arthritis and sarcoidosis.

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

A doctor can tell if a patient has an asbestos-related disease by reviewing a person's medical history, work and family histories. X-rays and CT scans can identify the presence of asbestos-related conditions. Patients diagnosed with asbestosis must have a yearly lung function test to check the condition. This test can help detect asbestosis progression and identify other health problems that may be connected to the condition. Patients suffering from asbestosis should be vaccinated regularly to prevent other respiratory diseases like psoriasis. The EPA provides a TSCA Hotline and an asbestos Ombudsman who can provide additional information and help.

Asbestos Database Development

Asbestos is made up of fibrous minerals. It was extensively used in the construction and industry due to its durability, fire retardant and corrosion resistance properties. The inhalation of asbestos law & litigation particles, however, can lead to a variety of medical issues, including mesothelioma (a lung cancer and other organs) and chronic lung diseases, and neurological problems. These conditions may take 30 years or more to appear.

In many asbestos cases there are multiple defendants and complicated discovery. This can be difficult when the asbestos materials involved in a case can't be identified. To identify each asbestos product, forensic experts are needed in addition to various investigative techniques and tools like interviewing former co-workers, obtaining invoices and delivery papers, and taking samples at home and at work. The type of asbestosamosite, chrysotile or crocidolite -- should be identified as well.

We have a wealth of experience in defending companies in the asbestos industry including distributors, manufacturers, suppliers, and contractors. Our team has been National Coordinating Counsel and Trial Counsel for a variety of asbestos litigation clients and has represented these companies in multiple jurisdictions across the country. We are also defense liaison counsel for a variety of asbestos dockets in these states, where we manage the local and regional attorneys to ensure consistent and effective defense strategies and results.

Our national approach in managing asbestos defense has proven to be effective. In multiple instances it has cut legal costs by millions of dollars when contrasted to the amount that corporations paid to other firms. The courts across the country have recognized our unique and aggressive method of handling asbestos litigation cases cases.

We also have experience the defense of massive toxic tort suits brought against manufacturers of pharmaceutical and industrial chemicals and petrochemicals. These lawsuits are based on claims that exposure to these substances can cause diseases like restrictive and obstructive lung diseases, occupational asthma, cancers of different types and other neurological disorders.

Medical Expert Witnesses

Expert medical witnesses in asbestos cases are vital, mainly because many symptoms of asbestos exposure can be confused with other conditions like emphysema, among others of lung cancer. It is crucial for lawyers to have access to experts in these fields who can help distinguish the various illnesses and show how each disease is caused by different types of exposures.

The most reliable source of this evidence is found in the asbestos victim's medical records. X-rays, CT scans and biopsy samples are usually available to examination. However, to make the most of this information, it's essential to have medical professionals who can analyze the information and make a decision on the probabilities, causation, and other issues.

Medical experts who testify in asbestos cases have a great reputation and have been involved in dozens perhaps hundreds, of cases. Their reputation boosts their credibility before jurors. These doctors have a great deal of experience in preparing to testify, and therefore they know how best to answer questions from defendants and how to present the information to the court.

It is crucial that both scientists and medical experts present their opinions on the various causes of asbestos-related diseases. It is not enough to prove that a victim has mesothelioma. It must be shown that the asbestos defendant exposed her to the carcinogen, and why smoking increases the risk of mesothelioma.

Expert witness fees can be much of the overall expenses associated with asbestos cases. It is therefore important that a defense attorney be adept at identifying and select the most qualified expert witness for a 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 dedicated and experienced lawyers are proficient both offensively and defensively in Asbestos Litigation Wiki litigation. Contact us to find out how we can assist you.