Asbestos Defense Litigation

asbestos litigation defense cases require diligent investigation of the victim's work history, identifying asbestos-related materials, and locating potential defendants. This can involve obtaining information from co-workers, relatives asbestos abatement workers, as well as analysing documents and other material.

Cetrulo LLP has served as regional and national Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and coordinate with local attorneys to develop 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 whether a particular product has asbestos or not based on its appearance. A professional environmental surveyor is able to conduct an inspection to determine whether the material is contaminated with asbestos.

When asbestos fibres are airborne, they are small and light - meaning they can travel long distances, even through closed windows or doors. When they reach the lungs, they can cause the formation of serious health issues. Asbestos becomes dangerous when it is damaged and releases deadly fibres into the air. It is vital to avoid removing or destroying building materials unless they've been properly labeled and supported by an inspection.

Due to the long latency between asbestos exposure and disease It is extremely difficult to obtain a meaningful information in an asbestos litigation wiki case. In addition, there are significant issues related to the admissibility of plaintiffs' experts and testimony on the causal link between asbestos exposure and the onset of disease.

In these instances asbestos defense lawyers typically argue for summary judgement based on the absence of factual basis. For instance, imagine that plaintiff Paul was involved in a multi-vehicle collision in New York City. He doesn't know the date, location, cars involved or any other information that could be used to support a conclusion that defendant David was liable for his injuries.

In this type of circumstance, an experienced New York mesothelioma lawyer should be consult. They will review the facts of the case, and any expert reports and other documentation to determine whether or not summary judgment is the right remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can aid their clients in this procedure. Asbestos firms who practice across the country can also assist their clients with filing their claims in the most advantageous jurisdiction. This could include the State of New York, or a federal district court in New York City.

Asbestos Disease Identification

Asbestos is not being mined in the United States. However, it is still found in the construction and other products manufactured before 1989. These products release fibers into the atmosphere as they degrade. They can be inhaled. These fibers can cause a variety of lung illnesses.

Lung diseases related to asbestos exposure include the pleural diseases (pleural plaques, thickening and effusions), asbestosis and mesothelioma. The people who breathe in these fibers can experience a range of symptoms, including chest discomfort, fatigue, and shortness of breath. These symptoms could not be noticed for many years after asbestos exposure.

All forms of asbestos, including chrysotile can cause cancer in humans. Exposure to asbestos causes lung cancer larynx, ovaries and larynx. It can also cause a type of mesothelioma that is found in the linings that line body cavities like the heart, stomach and tests. Mesothelioma can be difficult to recognize, as it has a long latent period and has many symptoms that are comparable with other diseases, like sarcoidosis and rheumatoid arthritis.

People who have worked with asbestos or who have been exposed to significant environmental factors are at greatest risk of developing asbestos-related ailments. These include boilermakers, construction workers and shipyard workers; railroad workers and U.S. Navy veterans; and those who participated in cleanup after the Sept. 11, 2001 terrorist attacks. They may be suffering from chest pain, coughing and breathing difficulties.

A doctor can determine whether a patient suffers from an asbestos-related illness by reviewing the person's medical background, work history, and background of family members. X-rays and CT scans can help confirm the presence of asbestos-related conditions. Patients suffering from asbestosis are advised to have a lung function test. This can help monitor their condition. This test can identify the progression of asbestosis and determine other health issues that may be related to this condition. Patients suffering from asbestosis should also receive regular vaccinations to prevent the development of other respiratory ailments, such as psoriasis. The EPA offers an TSCA Hotline and an asbestos litigation meaning Ombudsman that can provide additional information and help.

Asbestos Database Development

Asbestos is comprised of fibrous minerals. It was extensively used for construction and industry due to its durability, fire retardant and corrosion resistance properties. Inhaling asbestos particles, however, can lead to a variety of medical conditions, including mesothelioma (a lung cancer and other organs) and chronic lung diseases, as well as other neurological problems. These diseases can take 30 years or longer to manifest.

In many asbestos cases there are several defendants and complicated discovery. This can be a challenge when the asbestos products involved in a case can't be identified. To determine the asbestos litigation wiki products involved the need for forensic experts, as well as various investigative techniques and tools, such as interviewing former colleagues, obtaining invoices and delivery papers, and taking samples at home and at work. It is also necessary to determine the type of asbestos, such as it's amosite or crysotile, or crocidolite.

We have extensive experience in defending companies in the asbestos industry including distributors, manufacturers contractors, suppliers, and manufacturers. Our team has acted as National Coordinating Counsel, Trial Counsel and Defense Counsel for a variety of clients in asbestos litigation. We have defended companies across the country. We also serve as Defense liaison counsel for various asbestos dockets in these states where we oversee the local and regional attorneys to ensure consistency and effective defense strategies as well as results.

Our national strategy for managing asbestos defense has been proved to be effective and, in a number of instances, has decreased legal expenses by millions of dollars in comparison to the amount 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 also have experience defending mass toxic tort lawsuits filed against pharmaceutical companies and Veterans industrial chemicals and Petrochemicals. These lawsuits stem from claims that exposure to these substances can cause diseases like restrictive and obstructive lung conditions 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 illnesses like emphysema, or 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 illnesses and show how each disease is caused by different kinds of exposures.

The most reliable evidence for this is found in the asbestos victim's medical records. X-rays, CT scans and biopsy samples are often available for examination. To get the most value out of these data, medical experts are needed to sift the information and offer their views on possible causes, probabilities and other issues.

Medical experts who are called to testify in asbestos cases have a good reputation and have been involved in dozens if not hundreds of cases. This credibility boosts the credibility of these experts to the jury. Additionally, the knowledge and experience of these doctors in preparing for testimonies ensures that they are able to anticipate questions from the defense and know how to present their findings to the judge.

It is important to have both scientists and medical experts present their opinions on the various causes of asbestos disease. It is not enough to prove that the mesothelioma patient is in fact diagnosed. It must be shown that the asbestos defendant exposed her to the carcinogen and how smoking can increase the risk of mesothelioma.

Expert witness fees can be an enormous portion of overall expenses associated with an asbestos case. This is why it is crucial for a lawyer who is defending the case to be able to effectively find and veterans 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 state and federal courts across the nation. Our team of highly experienced and dedicated attorneys is well-versed in asbestos litigation, offensively and defensively. Contact us today to learn how we can assist you.