Asbestos Defense Litigation

Asbestos cases require careful investigation of the victim's work history, identifying asbestos-related materials, and locating potential defendants. This could include obtaining information from coworkers, family members, abatement workers and studying the records.

Cetrulo LLP has served as national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and collaborate with local counsel to achieve the same, cost-effective defense strategies.

Asbestos Product Identification

Asbestos is present in a variety of building materials -- cement products, paints, floor tiles, adhesives, artex, insulation and doors to name some. It is hard to determine whether a particular product has or does not contain asbestos simply by looking at it. The best way to identify asbestos's presence is to have an experienced environmental surveyor inspect the material.

Asbestos fibres are thin and light, meaning they can travel a long distance even through closed doors and windows. When they reach the lungs, they can trigger the formation of serious health issues. Asbestos can be dangerous when it is damaged, releasing deadly fibres into the air. It is vital to not remove or disturb building materials unless they have been properly labeled and accompanied by an inspection.

Due to the long latency between exposure to asbestos and the development of disease, it is very difficult to obtain meaningful information in an asbestos case. In addition there are a number of concerns regarding the admissibility of experts from plaintiffs and testimony on the causal connection between asbestos exposure and disease.

In these kinds of situations asbestos defense lawyers are often able to successfully argue for summary judgment due to the lack of a factual basis. Imagine, for example, that plaintiff Paul was in an accident involving multiple vehicles in New York City. But, he doesn't have information about the date and location of the accident, the cars involved, or any other facts that could 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 consulted. They will analyze the facts of the case, and any expert reports or other documentation to determine whether or not the summary judgment is a suitable remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients through this procedure. Asbestos law firms throughout the country can assist their clients submit their claims to the best jurisdiction. This could be the State of New York or a federal court located in New York City.

Asbestos Disease Identification

Asbestos is not being mined in the United States. However, it is still found in buildings and products made prior to 1989. These products can release fibers into the atmosphere as they degrade. They can be inhaled. These fibers are known to cause a variety of lung diseases.

Lung diseases that are a result of asbestos exposure include the pleural disease (pleural plaques, thickening, and effusions), asbestosis and mesothelioma. Inhaling asbestos fibers can trigger many symptoms, including chest pain, fatigue, and shortness of breathe. These symptoms might not be apparent until years after exposure to asbestos.

All forms of asbestos including chrysotile, are carcinogenic to humans. Exposure to asbestos can cause cancers of the larynx, lungs and ovaries. It can also trigger mesothelioma which develops in the linings of body cavities, like those found in the stomach, the heart and the testes. Mesothelioma is difficult to recognize because it has a latent period of time and shares many symptoms with other diseases such as rheumatoid joint arthritis and sarcoidosis.

People most likely to develop asbestos-related illnesses are those who worked directly with the substance or experienced significant environmental exposure. This includes boilermakers, construction workers, shipyard workers, railroad and U.S. Navy veterans; and those who participated in clean-up after the Sept. 11, 2001 terrorist attacks. Some of the symptoms of these people include breathing difficulty as well as chest pain and coughing.

A doctor can determine whether a patient suffers from an asbestos-related condition by examining the patient's medical background, work history, and family background. X-rays, CT scans and other tests can aid doctors specializes in asbestos litigation confirming the diagnosis of asbestos. Patients diagnosed with asbestosis should undergo a yearly lung function test to check the condition. The test will help detect the progression of asbestosis and determine other health issues that could be related to this condition. Asbestosis sufferers should be vaccinated regularly to prevent other respiratory diseases such as psoriasis. The EPA offers a TSCA Hotline and an asbestos Ombudsman who can provide further information and assistance.

Asbestos Database Development

Asbestos is one of the fibrous minerals which was extensively used in construction and industrial settings due to its long-lasting, fire retardant, and corrosion resistant properties. Asbestos particles inhalation can cause a variety medical problems such as mesothelioma, which is a cancer of the lungs as well as other organs, and neurological problems. These conditions can take 30 years or more to appear.

In many asbestos cases there are multiple defendants and complicated discovery. This is often complicated when the asbestos products involved in a case can't be identified. To determine the asbestos class action litigation products involved it is necessary to employ forensic experts along with various investigative tools and methods that include interviewing former colleagues, obtaining invoices and delivery documents, and taking samples at home and work. It is also important to determine the type of asbestos, whether it's amosite, crysotile, or crocidolite.

We have extensive experience defending companies in the asbestos industry, including distributors, manufacturers suppliers, contractors, and contractors. Our team has served as National Coordinating Counsel and Asbestos Defense Litigation Trial Counsel for a number of asbestos litigation clients and has defended these companies in multiple jurisdictions across the country. We also serve as Defense Liaison Counsel for several of these states' asbestos dockets, where we manage local and regional counsel to ensure uniform and cost-effective defense strategies as well as results.

Our national approach to managing asbestos defense has proven effective. In multiple instances it has reduced legal costs by millions of dollars when contrasted to the amount that corporations pay to other firms. Courts across the country have recognized our unique and aggressive method of managing asbestos cases.

We also have defended mass toxic tort lawsuits brought against manufacturers of industrial, pharmaceutical and petrochemical chemicals. These lawsuits are based upon assertions that exposure to these chemicals can cause ailments like occupational asthma, restrictive and obstructive pulmonary disorders, and other neurological disorders.

Medical Expert Witnesses

Expert medical witnesses in asbestos cases are vital, mainly because many symptoms of exposure to asbestos can be confused with other illnesses such as emphysema or other forms of lung cancer. It is vital that lawyers have access to these experts who can help distinguish the various types of diseases and demonstrate how each disease is the result of different types exposures.

Medical records of asbestos victims are usually the most reliable source of this evidence. X-rays are readily available as are CT scans and biopsies. However, in order to get the most benefit from this information, it is essential to have medical professionals who are able to analyze the information and make a decision on the probabilities, causation, and other issues.

Medical experts who are called to testify in asbestos cases have a solid reputation and have been involved in dozens, perhaps hundreds, of cases. This reputation increases the credibility of these experts in the eyes the jury. Additionally, the knowledge and experience of these doctors in preparing for trial is that they know how to anticipate questions from the defense and know how to present information to the court.

In addition to medical professionals in addition, it is essential to have experts from the scientific community provide evidence on the different causes of asbestos-related diseases. It is not enough to prove that the patient has mesothelioma; it must be proven that asbestos litigation group exposure exposed the plaintiff to the carcinogen and the reason smoking increased the risk of mesothelioma.

Expert witness fees can be much of the total costs of asbestos cases. This is why it is crucial for a defending attorney to be able to efficiently find and select the best expert witness for a particular case.

We represent material suppliers, product manufactures distributors, and property owners in asbestos cases in state and federal courts across the United States. Our team of dedicated and experienced lawyers are adept both defensively and offensively in asbestos litigation. Contact us today to learn how our firm can assist you.