Asbestos Defense Litigation

Asbestos cases require diligent investigation of the injured person's work history, identifying asbestos-related materials, and locating potential defendants. This could involve obtaining information from relatives, coworkers asbestos abatement workers, as well as analyzing records and materials.

Cetrulo LLP has served as the national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and coordinate with local attorneys to develop the same, 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 can be very difficult to determine if the material is asbestos-free based on its appearance by itself. A certified environmental surveyor can conduct an inspection to determine the presence of asbestos.

When asbestos fibres become airborne, they are small and light, which means they can travel for long distances even through doors or windows. When they reach the lungs they can lead to the development of serious health conditions. Asbestos is the most hazardous when it becomes damaged and releases harmful fibres into the air. This is why it's crucial that building materials never be tampered with or removed without proper labeling and accompanied by an inspection by a professional.

Due to the lengthy time between exposure and illness finding meaningful evidence in an asbestos lawsuit is extremely difficult. There are also serious concerns regarding the admissibility and credibility of plaintiffs' expert witnesses and the causal link between exposure to asbestos and the development of disease.

In these situations asbestos defense lawyers often argue for summary judgment in the lack of a factual basis. Consider, for instance, that plaintiff Paul was in a multi-vehicle accident in New York City. He is not aware of the date, location of the vehicles involved or any other information that could lead to the conclusion that defendant David was responsible for his injuries.

A New York mesothelioma attorney with experience in this field is recommended. They will go through all 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 assist their clients through this procedure. Asbestos firms that practice nationwide can also assist their clients with filing their claims in the most favorable jurisdiction. This could be the State of New York, or a federal district court located in New York City.

Asbestos Disease Identification

Asbestos is no longer mined in the United States. However, it can still be found in the construction and other products manufactured before 1989. These products can release fibers into the air as they degrade. They can be breathed in. These fibers can cause many lung ailments.

Lung diseases related to 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 such as chest pain, fatigue, and breath shortness. These symptoms might not manifest for many years after asbestos exposure.

All forms of asbestos law & litigation, including chrysotile, can cause cancer in humans. Asbestos exposure can cause cancers of larynx, lungs and the ovaries. It can also cause a type of mesothelioma that is found in the linings found in body cavities such as the heart, stomach and testes. Mesothelioma is difficult to recognize because it has a latent period of time and has symptoms with other conditions, such as rheumatoid arthritis and sarcoidosis.

People who are most likely to suffer asbestos-related illnesses are those who worked directly with the material or were exposed to a significant amount of environmental toxins. 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. They might suffer from chest pain, coughing and breathing difficulties.

A doctor can determine if a patient is suffering from an asbestos litigation paralegal-related condition by reviewing the person's medical background, 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 who are diagnosed with asbestosis should undergo a yearly lung function test to track the condition. This test can detect asbestosis's progress and reveal other health problems that may be connected to the condition. Patients with this condition should also receive regular vaccinations to prevent the development of other respiratory ailments like psoriasis. The EPA has a TSCA Hotline as well as an Asbestos Ombudsman who can provide additional information and help.

Asbestos Database Development

Asbestos is a group of fibrous minerals which was once widely used in construction and industrial settings because of its durable, fire retardant, and corrosion-resistant properties. Inhaling asbestos particles can cause a variety of medical issues, including mesothelioma (a lung cancer and other organs) as well as chronic lung diseases, and neurological dysfunctions. These illnesses can take 30 years or longer to be diagnosed.

Many asbestos cases are multi-defendant, and require complex discovery that is often complicated due to a lack of identification of the correct asbestos law & litigation products involved in every case. To identify each asbestos product the need for forensic experts in addition to a variety of investigative tools and methods that include interviewing former coworkers, collecting invoices and Asbestos Defense Litigation 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 extensive experience defending asbestos-related companies, including product manufacturers, distributors contractors, suppliers, and manufacturers. Our team has been National Coordinating Counsel and Trial Counsel for a number of asbestos litigation clients, and we have defended these companies in numerous jurisdictions across the United States. We also serve as Defense Liaison Counsel to several of these states' asbestos dockets, where we manage local and regional counsel to ensure consistency and cost-effective defense strategies as well as outcomes.

Our national approach to managing asbestos defense has proven to be efficient. In multiple instances, it has reduced legal costs by millions of dollars when compared to the amount companies paid to other firms. This unique and aggressive approach to managing asbestos cases has been recognized by courts throughout the country.

We also have defended mass toxic tort lawsuits brought against the producers of industrial, pharmaceutical and chemical compounds that are petrochemical in nature. These lawsuits stem from claims that exposure to these chemicals can cause diseases like restrictive and obstructive lung diseases as well as occupational asthma, cancers of various types, and other neurological conditions.

Medical Expert Witnesses

Medical expert witnesses are critical in asbestos cases, primarily because many of the symptoms of asbestos exposure can be easily confused with other conditions like emphysema and other forms of lung cancer. It is essential for attorneys to have access to experts in these fields to assist in identifying the various types of diseases and to show how each disease is caused by different types of exposure.

Medical records of asbestos-related victims are typically the most reliable source of this proof. X-rays, CT scans and biopsy samples are usually available to examination. However, in order to get the most value from this information, it is essential to have medical professionals who can sift through the information and offer opinions on probabilities, causation and other issues.

The medical experts involved in asbestos cases are typically well-known and have testified in dozens, or even hundreds of other cases. This reputation increases their credibility before the jury. Additionally, the knowledge and experience of these doctors in preparing for testimony means that they know how to anticipate questions from the defense and know how to present information to the judge.

It is important to have experts from both the scientific and medical fields testify on the different causes of asbestos-related diseases. It is not sufficient to prove the victim has mesothelioma. It must be shown that the asbestos defendant exposed her to carcinogens, and why smoking increases the risk of mesothelioma.

Expert witness fees can constitute a significant portion of the costs associated with asbestos cases. It is therefore important that a defense attorney is adept at identifying and select the most qualified 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 federal and state courts across the country. Our team of dedicated and experienced attorneys are well-versed both defensively and offensively in asbestos class action litigation litigation. Contact us today to find out what we can do to assist you.