Asbestos Defense Litigation

Asbestos cases require careful investigation of the injured person's work history, identifying asbestos-related materials and locating potential defendants. This can involve obtaining information from relatives, coworkers, 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 Asbestos litigation coordinate with local counsel to develop consistent, cost-effective defense strategies.

Asbestos Product Identification

Asbestos is present in a variety of building materials, including cement products, paints, flooring tiles, adhesive artex, insulation, and doors to name just a few. It is difficult to tell whether a product contains asbestos or not simply by looking at it. A professional environmental surveyor is able to conduct an inspection to determine the presence of asbestos.

When asbestos fibres become airborne, they are very tiny and light, meaning they can travel long distances even through closed doors or windows. When they get into the lungs, they can trigger the formation of serious health issues. asbestos litigation meaning can be dangerous when it is damaged and releases harmful fibres into the air. It is crucial to not disturb or remove building materials unless they have been properly labelled and accompanied by an inspection.

Due to the lengthy latency between asbestos exposure and illness it can be very difficult to obtain meaningful discovery in an asbestos exposure litigation action. There are other significant issues regarding the admissibility of and testimony of expert witnesses for plaintiffs and the causal connection between exposure to asbestos and the development of disease.

In these types of situations asbestos defense lawyers are often able to successfully argue for summary judgment in the absence of a factual foundation. For instance, imagine that plaintiff Paul was involved in a multi-vehicle collision in New York City. However, he has no details about the date or location of the accident, the cars involved or any other details that could be used to prove that defendant David is responsible for his injuries.

A New York mesothelioma attorney with experience in this area is recommended. They will examine all facts and documents, including any expert reports, to determine if summary judgment is the best solution. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients in this procedure. Asbestos law firms located across the country can help their clients file their claims in the best jurisdiction. This could include the State of New York or a federal court in New York City.

Asbestos Disease Identification

Although asbestos is no longer mined or processed in United States, it still is present in many buildings and products that were manufactured prior to 1989. As these products degrade, they release tiny fibers into the air that can be breathed in by those in the vicinity. These fibers have been known to cause a variety of lung diseases.

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

All forms of asbestos, including chrysotile can cause cancer in humans. Asbestos exposure can cause cancers of the lungs, larynx, and ovaries. It can also cause mesothelioma, a type of cancer that develops in the tissues of body cavities, like those in the stomach, heart and testes. Mesothelioma is difficult to diagnose because it has a latent period of time and shares many symptoms with other conditions like rheumatoid arthritis and sarcoidosis.

People who are most likely to suffer asbestos-related diseases are those who have worked directly with the material or were exposed to a significant amount of environmental toxins. These include construction workers, boilermakers and shipyard workers, railroad and U.S. Navy veterans; and those who helped with clean-up after the Sept. 11, 2001 terrorist attacks. They may suffer from chest pain, coughing or breathing difficulties.

A doctor can determine whether a patient suffers from an asbestos-related condition by examining the patient's medical background, work history, and family history. X-rays and CT scans can confirm an asbestos-related illness. Patients diagnosed with asbestosis must have a yearly pulmonary function test to monitor the condition. This test can detect asbestosis ' progression and also identify other health problems that may be related to the disease. Asbestosis sufferers should be vaccinated regularly to prevent other respiratory diseases like psoriasis. The EPA offers a TSCA Hotline as well as an Asbestos Ombudsman who can provide more information and assistance.

Asbestos Database Development

Asbestos is one of the fibrous minerals that were often employed in industrial and construction settings because of its durable, fire retardant, and corrosion resistant properties. Asbestos particles inhalation can cause various health issues, including mesothelioma, a cancer of the lungs as well as other organs, and neurological disorders. These diseases may take 30 years or longer to manifest.

In many asbestos cases, Asbestos Litigation there are multiple defendants and complicated discovery. This is often complicated when the asbestos-related products involved in a case can't be identified. The ability to identify each item in an asbestos case requires the assistance of forensic experts and the use of a wide variety of investigative tools and methods like interviews with former coworkers and other witnesses and subpoenaing work orders, invoices, and delivery papers from employers, and collecting samples from workplaces and at home. It is also essential to determine the kind of asbestos, if it's amosite, crysotile or crocidolite.

We have a wealth of experience defending companies involved in the asbestos industry. This includes product manufacturers 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 these companies in numerous jurisdictions across the country. We also serve as Defense Liaison Counsel for several of the states' asbestos dockets which we manage local and regional counsel to ensure consistency and cost-effective defense strategies as well as outcomes.

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

We have also defended massive toxic tort lawsuits brought against the producers of pharmaceutical, industrial and petroleum chemical substances. These lawsuits are based upon the claim that exposure to these chemicals can cause illnesses such as occupational asthma as well as restrictive and obstructive lung disorders, and a variety of neurological disorders.

Medical Expert Witnesses

Medical expert witnesses in asbestos cases are vital in part because the signs of asbestos exposure can be confused with other illnesses like emphysema, among others of lung carcinoma. It is vital that lawyers have access to experts who can help differentiate the different diseases and show the way each disease is a result of different types exposures.

Medical records of asbestos-related victims are typically the best source for this proof. X-rays are readily available and can be accessed through CT scans and biopsies. However, in order to make the most of this information, it's essential to have medical professionals who can analyze the information and offer opinions on the probabilities, causation, and other issues.

Medical experts who provide testimony in asbestos cases have a great reputation and have been involved in dozens, if not hundreds of cases. This credibility increases their credibility in the eyes of the jury. Additionally, the experience of these doctors in preparing for trial is that they know how to anticipate questions from the defense team and how to present information to the judge.

It is essential that experts from both the scientific and medical fields present their opinions on the various causes of asbestos-related diseases. It is not sufficient to prove the mesothelioma patient is in fact diagnosed. It is necessary to prove that the asbestos defendant exposed her to the carcinogen and the reason smoking increases the risk of mesothelioma.

Expert witness fees can constitute an important portion of costs that are associated with asbestos cases. This is why it is important for a defending attorney to be able to efficiently identify and hire the right expert witness for a particular case.

We represent material manufacturers, suppliers of products distributors, and property owners in asbestos cases before federal and state courts throughout the United States. Our team of knowledgeable and dedicated lawyers is knowledgeable in asbestos litigation, both offensively and defensively. Contact us today to learn what we can do to help you.