Asbestos Defense Litigation

Asbestos cases need to be thoroughly investigated. This includes identifying asbestos products and locating potential defendants. This could involve obtaining information from co-workers, relatives, abatement workers, and studying documents and other materials.

Cetrulo LLP has served as national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and work with local attorneys to develop an efficient, cost-effective defense strategies.

Asbestos Product Identification

Asbestos is found in hundreds of building materials, including cement products, paints flooring tiles, adhesive artex, insulation, and doors to name just a few. It can be very difficult to determine whether or not the material is asbestos-free based on its appearance alone. The best method to detect the presence of asbestos litigation defense is to have an experienced environmental surveyor inspect the material.

Asbestos fibres are small and light, meaning they can travel a considerable distance even through closed doors and windows. When they reach the lungs, lawsuit they can cause serious health issues. Asbestos becomes dangerous when it is damaged and releases deadly fibres in the air. This is why it's important that building materials don't be tampered with or removed without being properly labeled and accompanied by an inspection by a professional.

Due to the long latency between exposure to asbestos and the development of disease it can be very difficult to obtain a meaningful evidence in an asbestos lawsuit. In addition, there are significant issues regarding the admissibility of the plaintiffs' experts and testimony about the causal connection between asbestos exposure and diseases.

In these types of cases, asbestos defense attorneys are often able to successfully argue for summary judgments due to the absence of a factual foundation. Imagine, for example, that plaintiff Paul was involved in a multi-vehicle accident in New York City. However, he does not have information about the date and location of the accident, the vehicles involved or any other information that could be used to prove 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 consulted. They will go through all facts and documents, including any expert reports to determine if summary judgment is the appropriate solution. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can aid their clients in this process. Asbestos law firms located across the country can help their clients file their claims in the most appropriate place. This could be the State of New York or a federal court in New York City.

Asbestos Disease Identification

Although asbestos is not mined or processed in the United States, it still is present in products and buildings that were produced prior to 1989. These products can release fibers into the air as they degrade. They can be breathed in. These fibers can cause a variety of types of lung disease.

Lung diseases that result from asbestos exposure include mesothelioma, asbestosis and pleural disease. People who breathe in asbestos fibers can experience a range of symptoms, including chest pain, fatigue and breath shortness. These symptoms may not be apparent until years after a person is exposed to asbestos.

All forms of asbestos, including chrysotile are carcinogenic for humans. Exposure to asbestos can cause cancers of the lung larynx, ovaries and larynx. It also can cause mesothelioma, a type of cancer that develops in the interior of body cavities, like those in the stomach, the heart and the tests. Mesothelioma is difficult to recognize because it has a long period of time and has symptoms with other conditions such as rheumatoid joint arthritis and sarcoidosis.

People most likely to develop asbestos-related diseases are those who directly with the substance or experienced significant environmental exposure. This includes construction workers, boilermakers and shipyard workers. Also included are railroad and U.S. Navy vets and those who helped clean up after the terrorist attacks of September 11, 2001. Some of them may experience chest pain, coughing and breathing difficulties.

A doctor can determine whether a patient has an asbestos-related condition by reviewing the patient's medical background, work and family history. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos-related illness. Patients who are diagnosed with asbestosis should be yearly tested for lung function test to track the condition. This test can detect asbestosis's progress and reveal other health issues that could be related to the disease. Patients suffering from asbestosis should receive regular vaccines to prevent other respiratory diseases such as psoriasis. The EPA offers a TSCA Hotline as well as an asbestos Ombudsman who can provide additional information and help.

Asbestos Database Development

Asbestos is one of the fibrous minerals that was often employed in industrial and construction settings due to its long-lasting fire-resistant, fire-proof, and corrosion resistant properties. Inhaling asbestos particles, however, can cause a variety of medical conditions, including mesothelioma (a cancer of the lungs and other organs) as well as chronic lung diseases, and neurological disorders. These diseases can take up to 30 years or longer to manifest.

Many asbestos cases are multi-defendant and require a complex investigation which is often hampered by a failure to identify the correct asbestos products involved in every case. To determine the asbestos products involved the need for forensic experts in addition to various investigative tools and methods, such as interviewing former co-workers, obtaining invoices and delivery papers and taking samples at home and work. The type of asbestosamosite, chrysotile or crocidolite -- should be identified.

We have a wealth of experience defense of companies that are 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, Trial Counsel and Defense Counsel for a variety of clients involved in asbestos litigation. We have defended companies in multiple jurisdictions throughout the country. We are also Defense Liaison Counsel for a number of these states' asbestos dockets, which is where we oversee local and regional counsel to ensure uniform and cost-effective defense strategies as well as results.

Our national strategy for managing asbestos defense has been proved to be effective and, in multiple instances, has decreased legal expenses by millions of dollars compared to the costs companies paid when being represented by other firms. The courts across the country have recognized our unique and aggressive method of handling asbestos cases.

We are also experienced in the defense of massive toxic tort suits brought against pharmaceutical companies and industrial chemicals and lawsuit Petrochemicals. These lawsuits stem from assertions that exposure to these chemicals has led to ailments like occupational asthma as well as restrictive and obstructive lung disorders, and a variety of neurological disorders.

Medical Expert Witnesses

Medical expert witnesses are critical in asbestos cases, primarily because the symptoms of exposure to asbestos are easily confused with other ailments like emphysema, or other types of lung cancer. It is crucial for lawyers to have access to experts in these fields who can aid in identifying different diseases and explain how each disease is caused by different types of exposures.

Medical records of asbestos-related victims are typically the most reliable source of this evidence. X-rays are readily available and can be accessed through CT scans and biopsies. However, in order to get the most value from this information, it's important to have medical experts who are able to analyze the information and offer opinions on probabilities, causation and other issues.

Medical experts who provide testimony in asbestos cases have a good reputation and have been involved in dozens if not hundreds of cases. Their reputation boosts their credibility before jurors. Additionally, the experience of the doctors who prepare for testimonies ensures that they are able to anticipate questions from the defense team and how to present their findings to the judge.

It is essential that both medical and scientific experts to testify about the various causes of asbestos-related diseases. It is not enough to show that the patient has mesothelioma. It must be proven that the asbestos law & litigation defendant exposed the plaintiff to the carcinogen and why smoking increased the risk of mesothelioma.

Expert witness fees can make up a large portion of the overall costs associated with an asbestos litigation cases case. This is the reason it is essential for the attorney representing the client to be able to efficiently find and select the best expert witness for a particular case.

At Swartz Campbell, we counsel material manufacturers, suppliers, distributors, premises owners employers, and other defendants in asbestos cases in both state and federal courts across the country. Our team of highly experienced and dedicated attorneys is well-versed in asbestos litigation, offensively and defensively. Contact us today to learn how our firm can assist you.