Asbestos Defense Litigation

Asbestos cases require careful examination of the person who was injured's work background, identifying asbestos law and litigation-related products and locating potential defendants. This may involve collecting information from relatives, coworkers members, abatement workers, and analyzing the records.

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

Asbestos Product Identification

Asbestos is present in a variety of building materials - cement products, paints floor tiles, adhesive artex, insulation, and doors to mention a few. It is hard to determine if a material contains asbestos or not simply by looking at it. A certified environmental surveyor can conduct an inspection to determine the presence of asbestos.

When asbestos fibres are airborne, they are small and light - meaning they can travel long distances even through doors or windows. When they reach the lungs, they can cause serious health problems. Asbestos can be dangerous when it is damaged and releases deadly fibres into the air. This is why it's very important that building materials don't be removed or disturbed without proper labeling and accompanied by an expert inspection.

Due to the lengthy latency between asbestos exposure and illness, it is very difficult to obtain a meaningful information in an asbestos case. There are also significant issues relating to the admissibility and testimony of expert witnesses for plaintiffs and the causal link between exposure to asbestos and disease.

In these kinds of situations asbestos defense lawyers are often able to argue for summary judgments due to the lack of a solid factual basis. For example, imagine that plaintiff Paul was involved in a multi-vehicle accident in New York City. He is not aware of the date, place of the vehicles involved or any other details that could support a conclusion that defendant David was responsible for his injuries.

A New York mesothelioma attorney with experience in this area should be consulted. They will look over the facts of the case, and any expert reports or other documentation, to determine if summary judgment is an appropriate remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can aid their clients in this process. Asbestos law firms throughout the country can help their clients to file 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 many buildings and products that were manufactured prior to 1989. When these materials degrade they release tiny fibers into the air that can be inhaled by those who are nearby. These fibers are known to cause many lung illnesses.

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 like chest pain, fatigue, and shortness of breath. These symptoms might not show up until decades after exposure to asbestos.

All forms of asbestos, including chrysotile, can cause cancer in humans. Exposure to asbestos can cause cancers of the larynx, lungs, and the ovaries. It can also cause a type of mesothelioma that is found in the linings of body cavities like the stomach, the heart and testes. Mesothelioma isn't easy to recognize, as it has a lengthy latent period and has many symptoms that are comparable with other diseases, like sarcoidosis and rheumatoid arthritis.

The people who have worked with asbestos or have been exposed to significant environmental factors are at the highest risk of developing asbestos-related illnesses. These include construction workers, boilermakers and shipyard workers, railroad and U.S. Navy veterans; and those who participated in cleaning up following the Sept. 11, 2001 terrorist attacks. These people might experience chest pain, coughing or breathing difficulties.

A doctor can determine if a patient is suffering from an asbestos-related disease by looking at the patient's medical background, work history, and family history. 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 check the condition. This test can identify the progression of asbestosis and identify other health issues that may be related to this condition. Patients with this condition must also be vaccinated regularly to avoid the onset of other respiratory illnesses, such as psoriasis. The EPA provides an TSCA Hotline and an asbestos litigation wiki Ombudsman that can provide additional information and help.

Asbestos Database Development

Asbestos is made up of fibrous minerals. It was widely used for construction and Asbestos Defense Litigation industry because of its durability as well as its fire-repellant and corrosion resistance properties. Inhaling asbestos particles can cause numerous medical issues such as mesothelioma, which is lung cancer and other organs, as well as neurological disorders. These diseases can manifest 30 years or longer.

Many asbestos cases involve multiple defendants and require a complex investigation, which is often complicated by a failure to identify the correct asbestos products involved in every case. To determine the asbestos products involved, forensic experts are needed, as well as various investigative tools and methods like interviewing former coworkers, collecting invoices and delivery documents, and taking samples at home and at work. The type of asbestos -amosite, chrysotile or crocidolite -- must also be determined.

We have extensive experience defending asbestos litigation wiki-related businesses, including distributors, manufacturers, suppliers, and contractors. Our team has acted as National Coordinating Counsel, Trial Counsel, and Defense Counsel for a variety of clients involved in asbestos litigation. We have represented companies in multiple jurisdictions across the United States. We also serve as Defense liaison counsel for various asbestos dockets across these states, which we manage regional and local attorneys to ensure uniform and efficient defense strategies and outcomes.

Our national approach to managing asbestos defense has proven effective. In multiple instances it has cut legal costs by millions of dollars compared to the amount companies pay to other companies. Courts across the nation have recognized our unique and aggressive approach to handling asbestos cases.

We have also defended massive toxic tort suits brought against the manufacturers of pharmaceutical, industrial and chemical compounds that are petrochemical in nature. These lawsuits stem from claims that exposure to these chemicals has caused illnesses such as occupational asthma and restrictive and obstructive pulmonary disorders, Asbestos Defense Litigation and other neurological disorders.

Medical Expert Witnesses

Expert witnesses from medical experts are crucial in asbestos cases, principally because many of the symptoms of exposure to asbestos can be easily confused with other illnesses like emphysema, or other types 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 the causes of each disease by different kinds of exposures.

Medical records of asbestos victims are usually the most reliable source of this proof. X-rays, CT scans and biopsy samples are often available for review. However, to get the most benefit from the information available, it is essential to have medical professionals who are able to analyze the information and offer opinions on probabilities, causation and other issues.

The medical experts involved in asbestos cases are typically very well-known and have testified in dozens, or even hundreds of other cases. This reputation increases their credibility in the eyes of the jury. Furthermore, the 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 essential that both scientists and medical experts to testify about the various causes of asbestos-related diseases. It is not enough to prove that the victim has mesothelioma. It must be demonstrated how the asbestos defendant exposed the plaintiff to carcinogens and the reason smoking increased the risk of mesothelioma.

Expert witness fees can make up much of the total costs of asbestos cases. It is therefore important that a defense attorney be able to quickly identify and choose the best expert witness for the 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 committed and experienced attorneys are well-versed both defensively and offensively in asbestos litigation. Contact us today to learn what we can do to help you.