Asbestos Defense Litigation

Asbestos cases need to be thoroughly investigated. This includes identifying asbestos-related products and finding potential defendants. This may involve gathering information from relatives, coworkers or abatement workers and analysing documents and other material.

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

Latest Asbestos Litigation Product Identification

Asbestos is found in a wide range of building materials, such as cement products, latest asbestos litigation paints and floor tiles. It can also be found in adhesives, artex, doors insulation, and adhesives. It is hard to determine whether a product contains asbestos or not based on its appearance. A professional environmental surveyor is able to conduct an inspection to determine the presence of asbestos.

Asbestos fibers are tiny and light, which means they can travel a long distance, even through closed doors and windows. When they reach the lungs, they could cause serious health issues. Asbestos becomes dangerous when it is damaged and releases deadly fibres into the air. This is why it's important that building materials don't be disturbed or removed without being properly labeled and accompanied by an inspection by a professional.

Due to the lengthy time between exposure and illness finding meaningful evidence in an asbestos case is extremely difficult. There are also significant issues regarding the admissibility and testimony of expert witnesses for plaintiffs and the causal link between exposure to asbestos and diseases.

In these types of situations, asbestos defense attorneys can often successfully argue for summary judgments in the lack of a solid factual basis. Consider, for instance, that plaintiff Paul was involved specializes in asbestos litigation an accident involving multiple vehicles in New York City. However, he has no information about the date and location of the accident, the vehicles involved or any other details which could be used to help to determine that defendant David is liable for his injuries.

In this kind of scenario it is recommended that a skilled New York mesothelioma lawyer should be consult. They will go through all facts and documents, including expert reports, to determine if summary judgment is the best 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 located across the country can assist their clients file their claims in the most appropriate place. This could include the State of New York or a federal court located in New York City.

Asbestos Disease Identification

Asbestos is not mined anymore in the United States. However, it can still be present in products and buildings that were manufactured prior to 1989. As these products degrade, they release tiny fibers into the air that can be inhaled by people who are near. These fibers can cause a variety of lung diseases.

The lung diseases caused by asbestos exposure include asbestosis, mesothelioma and pleural disease. Inhaling these fibers can cause a number of symptoms, including chest pain, fatigue and breath shortness. These symptoms could not manifest until years after exposure to asbestos.

All forms of asbestos, including chrysotile can cause cancer in humans. Exposure to asbestos can cause cancers of larynx, lungs and the ovaries. It can also cause a type of mesothelioma in the linings that line body cavities like the heart, stomach and tests. Mesothelioma is difficult to recognize because it is a latent period of time and has symptoms with other conditions such as rheumatoid joint arthritis and sarcoidosis.

Those who have worked with asbestos or have been exposed to significant environmental factors are the most at risk of developing asbestos-related ailments. This includes boilermakers, construction workers and shipyard workers; railroad workers and U.S. Navy veterans; and those who participated in cleanup after the Sept. 11 terrorist attacks. Some of the symptoms for those who suffer from this condition include difficulty breathing as well as chest pain and coughing.

A doctor can determine whether an individual suffers from an asbestos-related condition by reviewing the patient's medical, work and family history. X-rays and CT scans can identify an asbestos-related condition. Patients with asbestosis are encouraged to have a lung function test. This will help assess their health. The test will help detect the progress of asbestosis as well as detect other health issues that may be related to this condition. Patients with this condition should also receive regular vaccinations to prevent the onset of other respiratory diseases, such as psoriasis. The EPA offers a TSCA Hotline as and an asbestos Ombudsman who can provide more information and help.

Asbestos Database Development

Asbestos is comprised of fibrous minerals. It was widely used in the construction and industry because of its durability as well as its fire-repellant and corrosion resistance properties. Inhaling asbestos particles can cause a variety medical problems that include mesothelioma which is lung cancer as well as other organs, and neurological dysfunctions. These diseases can take up to 30 years or more to appear.

Many asbestos cases involve multiple defendants and require a complex investigation which is often hampered by a failure to identify the right asbestos products in each case. To determine the asbestos products involved it is necessary to employ forensic experts, as well as various investigative methods and tools, such as 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 in defending companies involved in the asbestos 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 number of asbestos litigation group litigation clients and has defended these companies in multiple jurisdictions across the country. We are also Defense Liaison Counsel to several of these asbestos dockets in the states, which is where we oversee local and regional counsel to ensure consistent and cost-effective defense strategies as well as results.

Our national strategy for managing asbestos defense has been proven effective and, in numerous instances, has decreased legal spend by millions of dollars when compared to what companies paid when they were being represented by other firms. Courts across the nation have recognized our unique and aggressive approach in handling asbestos cases.

We have also defended massive toxic tort suits brought against the manufacturers of pharmaceutical, industrial and petroleum chemical substances. These lawsuits are based on claims that exposure to these chemicals has caused illnesses such as occupational asthma as well as restrictive and obstructive lung disorders, and other neurological disorders.

Medical Expert Witnesses

Expert medical witnesses are essential in asbestos cases, mostly because many of the symptoms of exposure to asbestos can be easily confused with other conditions like emphysema and other types of lung cancer. It is crucial that attorneys have access to experts who can differentiate the different diseases and show the way each disease is a result of different types of exposures.

Medical records of asbestos victims are usually the most reliable source for this proof. X-rays are available and can be accessed through CT scans and biopsies. To make the most of these data, medical experts must sort through the data, and provide their opinions on probabilities, causes, 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 the credibility of these experts in the eyes the jury. Additionally, the knowledge and experience of the doctors who prepare for testimony ensures that they are able to anticipate questions from the defense team and how to provide evidence to the judge.

In addition to medical professionals in addition, it is essential to have scientific experts to provide evidence on the different causes of asbestos-related illnesses. It is not enough to prove that the victim has mesothelioma. It has to be shown how the asbestos defendant exposed the plaintiff to carcinogens and why smoking increased the risk of mesothelioma.

Expert witness fees can make up an important portion of expenses in asbestos cases. It is therefore important that the defense attorney is able to quickly identify and select the most qualified expert witness for a particular case.

At Swartz Campbell, we counsel material manufacturers, suppliers, premises owners, distributors, employers and other defendants in asbestos cases in federal and state courts across the nation. Our team of committed and experienced lawyers are proficient both defensively and offensively in asbestos litigation. Contact us to find out how we can help you.