Asbestos Defense Litigation

Asbestos-related cases must be thoroughly investigated. This involves identifying asbestos-containing products and locating potential defendants. This may involve gathering information from co-workers, relatives or abatement workers and studying documents and other materials.

Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets and work with local attorneys in order to create the same, cost-effective defense strategies.

Asbestos Product Identification

Asbestos can be found 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 a material contains asbestos from its appearance only. The most effective method to determine the presence of asbestos is to have a professional environmental surveyor perform an inspection.

When asbestos fibres are airborne, they're tiny and light, meaning they can travel long distances even through closed doors or windows. When they reach the lungs, they can cause serious health problems. Asbestos is dangerous if it is damaged and releases deadly fibres in the air. It is very important to avoid removing or destroying building materials unless they've been properly labelled and accompanied by an inspection.

Due to the long latency between asbestos exposure and disease It is extremely difficult to obtain a meaningful discovery in an asbestos action. In addition, there are significant concerns regarding the admissibility of experts from plaintiffs and their testimony regarding the causal link between asbestos exposure and diseases.

In these cases asbestos defense lawyers typically argue for summary judgement in the absence of a factual foundation. For example, imagine that plaintiff Paul was involved in a multi-vehicle accident in New York City. He doesn't know the date, location of the vehicles involved or any other information that could be used to support a conclusion that defendant David was responsible for his injuries.

In this type of situation in this type of situation, a seasoned New York mesothelioma lawyer should be consult. They will analyze the facts of the case, and any expert reports and other documents, to determine whether or not summary judgment is an appropriate remedy. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can assist their clients through this procedure. Asbestos firms who practice across the country can assist their clients in filing their claims in the most favorable jurisdiction. This may include the State of New York or a federal court located in New York City.

Asbestos Disease Identification

Although asbestos is no longer extracted or processed in the United States, it still is present in many buildings and products that were produced prior to 1989. As these products degrade, they release tiny fibers into the air that are inhaled by those who are nearby. These fibers can cause a variety of lung ailments.

The lung diseases caused by asbestos exposure include mesothelioma and asbestosis and pleural disease. Those who inhale these fibers can experience a range of symptoms, including chest pain, fatigue and shortness of breath. These symptoms may not appear for decades after an asbestos exposure.

All forms of asbestos, including chrysotile can cause cancer in humans. Exposure to asbestos causes lung cancers and larynx, as well as ovaries. It also can cause a form of mesothelioma that develops in the linings of body cavities, like those in the stomach, heart and tests. Mesothelioma isn't easy to recognize, as it has a long latent period and many similar symptoms with other conditions such as rheumatoid arthritis and sarcoidosis.

Those who have worked with asbestos or who have been exposed to significant environmental elements are at greatest risk of developing asbestos-related ailments. This includes boilermakers, construction workers, shipyard workers; railroad and U.S. Navy veterans; and those who participated in clean-up following the September. 11, 2001 terrorist attacks. Some of the symptoms of the people who suffer from these conditions include breathing difficulties, chest pain and coughing.

A doctor can determine whether a patient suffers from an asbestos defense litigation-related illness by looking at the patient'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 with asbestosis are advised to have a yearly lung function test. This will help keep track of their condition. This test can identify the progression of asbestosis and determine other health issues that could be associated with this disease. Patients suffering from this condition should also get regular vaccinations to avoid the development of other respiratory ailments, such as psoriasis. The EPA provides a TSCA Hotline and an asbestos Ombudsman who can provide additional information and support.

Asbestos Database Development

Asbestos is comprised of fibrous minerals. It was extensively used for construction and industry due to its strength, fire retardant and corrosion resistance properties. Inhaling asbestos particles can cause a variety medical problems such as mesothelioma, which is a cancer of the lungs and other organs, as well as neurological problems. These illnesses can be seen for over a period of 30 years or more.

In many asbestos cases, asbestos litigation meaning there are multiple defendants and a complex discovery. This can be difficult when the asbestos materials involved in a case cannot be identified. To identify each asbestos product the need for Asbestos Defense Litigation forensic experts along with various investigative methods and tools that include interviewing former co-workers, obtaining invoices and delivery documents, and taking samples at work and at home. It is also necessary to determine the kind of asbestos, if it's amosite, crysotile, or Asbestos Defense Litigation crocidolite.

We have a wealth of experience defending companies involved in the asbestos law and litigation industry. This includes manufacturers of products distributors, suppliers and manufacturers as well as contractors. Our team has served as National Coordinating Counsel and Trial Counsel for a variety of clients in asbestos litigation, and we have defended the companies in a variety of jurisdictions across the United States. We also serve as Defense Liaison Counsel for a number of these asbestos dockets in the states, which is where we oversee local and regional counsel to ensure consistent and cost-effective defense strategies and outcomes.

Our national approach in managing asbestos defense has proven efficient. In numerous instances it has cut legal costs by millions of dollars when contrasted to the amount that corporations paid to other firms. This unique and abrasive approach to managing asbestos cases has been recognized by the courts across the country.

We are also experienced in defense of mass toxic tort lawsuits brought against manufacturers of pharmaceutical and industrial chemicals and Petrochemicals. These lawsuits stem from claims that exposure to these substances causes diseases like restrictive and obstructive lung diseases as well as occupational asthma, cancers of all kinds and other neurological disorders.

Medical Expert Witnesses

Medical expert witnesses are critical in asbestos cases, mostly because many of the symptoms of exposure to asbestos are easily confused with other conditions such as emphysema or other types of lung cancer. It is crucial that attorneys have access to experts who can help distinguish the various diseases and explain the way each disease is a result of different types of exposures.

The most reliable source of this evidence is in the medical records of asbestos victims. X-rays are available, as well as CT scans and biopsies. However, to get the most benefit from this information, it is necessary to have medical experts who can sift through the information and offer opinions on probabilities, causation and other issues.

Medical experts who are called to testify in asbestos cases have a great reputation and have been involved in dozens or even hundreds of cases. This credibility increases their credibility before jurors. These doctors have a lot of experience when it comes to preparing to testify, and therefore they know the best way to answer questions from defendants and how to present the evidence to the judge.

It is essential that both scientists and medical experts present their opinions on the various causes of asbestos disease. It is not enough to show that the patient has mesothelioma. It has to be demonstrated how asbestos exposure exposed the plaintiff to the carcinogen and how smoking aggravated the risk of mesothelioma.

Expert witness fees can constitute a substantial portion of expenses in asbestos cases. It is therefore crucial that a defense attorney is adept at identifying and choose the best expert witness for a particular case.

At Swartz Campbell, we counsel material suppliers, product manufacturers distributors, premises owners employers, and other defendants in asbestos cases in both 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 find out how our firm can assist you.