Asbestos Defense Litigation

Asbestos cases require careful investigation of the injured person's work history, identifying asbestos-related materials and finding potential defendants. This can involve obtaining information from co-workers, relatives, abatement workers, and analyzing records and materials.

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

Asbestos Product Identification

Asbestos can be present in a variety of building materials, such as cement products, paints, and floor tiles. It can also be found in artex, adhesives doors, insulation, and adhesives. It can be very difficult to determine whether or not the material is asbestos-free based on its appearance only. The most effective method to determine asbestos's presence is to have an experienced environmental surveyor inspect the material.

Asbestos fibers are tiny and light, meaning they can travel a long distance even through closed doors or windows. When they reach the lungs they can trigger the development of serious health conditions. asbestos litigation defense is dangerous if it is damaged and releases deadly fibres in the air. This is why it's very crucial that building materials never be disturbed or removed without being properly labeled and supported by an expert inspection.

Due to the long time between asbestos exposure and disease, it is very difficult to obtain relevant evidence in an asbestos lawsuit. There are other significant issues relating to the admissibility of and testimony of expert witnesses for plaintiffs and the causal connection between exposure to asbestos and diseases.

In these situations asbestos defense lawyers often argue for summary judgment based on an lack of a factual basis. For instance, suppose that plaintiff Paul was involved in a multi-vehicle accident in New York City. However, he has no information about the date and Asbestos Defense Litigation location of the accident, the vehicles involved or any other details that could be used to prove that defendant David is responsible for his injuries.

In this type of situation in this type of situation, a seasoned New York mesothelioma lawyer should be in contact. They will analyze the details of the case along with any expert reports and other documents to determine whether or not summary judgment is an appropriate remedy. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients with this procedure. Asbestos firms who practice across the country 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 district 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 made prior to 1989. When these materials degrade they release tiny fibers into air that can be breathed in by those in the vicinity. These fibers can cause various lung illnesses.

Lung diseases that are a result of asbestos exposure include the pleural disease (pleural plaques, thickening and effusions), asbestosis and mesothelioma. People who breathe in asbestos fibers may experience a variety of symptoms such as chest pain, fatigue, and breath shortness. These symptoms may not appear for many years after asbestos exposure.

All forms of asbestos litigation group including chrysotile are carcinogenic for humans. Exposure to asbestos can cause lung cancer larynx, ovaries and larynx. It also can cause a form of mesothelioma that develops in the tissues of body cavities, such as those in the stomach, the heart and the tests. Mesothelioma can be difficult to identify, as it has a long latent period and many similar symptoms with other conditions, such as rheumatoid arthritis and sarcoidosis.

People most likely to suffer from asbestos-related illnesses are those who have worked directly with the substance or had exposure to significant environmental hazards. This includes boilermakers, construction workers and shipyard workers. Also included are railroad and U.S. Navy vets and those who worked to clean up after the terrorist attacks of September 11, 2001. Some of them might experience chest pain, coughing, and breathing difficulties.

A doctor can determine if an individual suffers from an asbestos-related condition by reviewing the medical history, work and family histories. X-rays and CT scans can identify the presence of asbestos-related conditions. Patients with asbestosis are advised to have a yearly lung function test. This test will allow them to assess their health. The test will help detect the progress of asbestosis as well as detect other health issues that can be related to this condition. Patients suffering from asbestosis should also get regular vaccinations to prevent the development of other respiratory ailments, such as psoriasis. The EPA provides a TSCA Hotline and an Asbestos Ombudsman who can provide further information and support.

Asbestos Database Development

Asbestos is comprised of fibrous minerals. It was extensively used in the construction and industry because of its durability, fire retardant and corrosion resistance properties. Inhaling asbestos particles can lead to a variety of medical issues, including mesothelioma (a cancer of the lungs and other organs) and chronic lung diseases, and neurological disorders. These illnesses can take 30 years or longer to manifest.

Many asbestos exposure litigation cases are multi-defendant and require a complex investigation that is often complicated due to a lack of identification of the correct asbestos products involved in each case. To determine the asbestos products involved it is necessary to employ forensic experts in addition to various investigative techniques and tools that include interviewing former coworkers, collecting invoices and delivery papers, and taking samples at work and at home. The type of asbestos -- amosite, chrysotile, or crocidolite -- should also be determined.

We have extensive experience defending asbestos-related businesses which includes distributors, manufacturers, suppliers, and contractors. Our team has served as National Coordinating Counsel and Trial Counsel for a variety of clients in asbestos litigation and has defended these companies in multiple jurisdictions across the country. We are also Defense Liaison Counsel to several of the asbestos dockets in the states, where we manage regional and local counsel to ensure consistent and cost-effective defense strategies and outcomes.

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

We also have defended mass toxic tort lawsuits brought against the producers of industrial, pharmaceutical and petrochemical chemicals. These lawsuits are based upon the claim that exposure to these chemicals can cause ailments like occupational asthma as well as restrictive and obstructive lung disorders, and other neurological conditions.

Medical Expert Witnesses

Medical expert witnesses in asbestos cases are vital due to the fact that many signs of asbestos exposure can be confused with other illnesses like emphysema, among others of lung cancer. It is essential for attorneys to have access to experts in these fields to aid in identifying different illnesses and show how each illness is caused by different kinds of exposures.

Medical records of asbestos-related victims are typically the most reliable source for this proof. X-rays, CT scans and biopsy samples are typically available for review. To make the most of the information available, medical professionals are required to sort through the data and offer their opinion on the probabilities, causes, and other issues.

Medical experts who are called to testify in asbestos cases have a great reputation and have been involved in dozens if not hundreds of cases. Their reputation boosts their credibility before the jury. These doctors have a lot of experience in preparing to be witnesses, and they know how best to answer questions from defendants and how to present their findings to the court.

In addition to medical experts, it is also necessary to have scientific experts to testify about the various causes of asbestos diseases. It is not enough to prove that the patient has mesothelioma. It has to be shown how the asbestos law & litigation defendant exposed the plaintiff to carcinogens and the reason smoking increased the risk of mesothelioma.

Expert witness fees can account for an enormous portion of overall expenses associated with asbestos cases. It is therefore important that the defense attorney is able to quickly identify and hire the best expert witness for any given case.

We represent manufacturers, material suppliers distributors, and property owners in asbestos cases before federal and state courts throughout the country. 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.