Asbestos Defense Litigation

Asbestos-related cases must be thoroughly examined. This involves identifying asbestos-containing products and locating potential defendants. This could include gathering information from relatives, coworkers members, abatement workers and studying the records.

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

Asbestos Product Identification

Asbestos is found in hundreds of building materials, including cement products, paints floor tiles, adhesives, artex, insulation and doors to name just a few. It is very difficult to determine whether or not an item is asbestos-free from its appearance alone. A certified environmental surveyor can conduct an inspection to determine whether the material is contaminated with asbestos.

Asbestos fibres are small and light, so they can travel a long distance even through closed doors and windows. When they reach the lungs, they can cause serious health problems. Asbestos is dangerous if it is damaged and releases deadly fibres into the air. This is why it's important that building materials don't be removed or disturbed without being properly labeled and supported by an inspection by a professional.

Due to the long time between exposure and disease finding meaningful evidence in an asbestos lawsuit is extremely difficult. There are other significant concerns regarding the admissibility of and testimony of plaintiffs' expert witnesses and the causal link between exposure to asbestos and disease.

In these cases, asbestos defense lawyers can often argue for summary judgement in the absence of a factual foundation. For instance, suppose that plaintiff Paul was involved in a multi-vehicle accident in New York City. He does not know the date, location, cars involved or any other information that could lead to the conclusion that defendant David was liable for his injuries.

In this type of circumstance, an experienced New York mesothelioma lawyer should be specializes in asbestos litigation contact. They will review the details of the case and any expert reports or other documents to determine whether or not the summary judgment is a suitable remedy. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients in this process. Asbestos firms that practice nationwide can help their clients in filing their claims in the most advantageous jurisdiction. This could include the State of New York, or a federal district court located in New York City.

Asbestos Disease Identification

Although asbestos is not mined or processed in the United States, it still is present in products and buildings that were manufactured prior to 1989. These products can release fibers into the atmosphere when they deteriorate. They can be inhaled. These fibers can cause a variety of types of lung disease.

Lung diseases caused by asbestos exposure litigation exposure include mesothelioma and asbestosis and pleural disease. Inhaling these fibers can cause various symptoms, including chest pain, fatigue and breath shortness. These symptoms may not show up until decades after a person is exposed to asbestos.

All forms of asbestos, including chrysotile are carcinogenic for humans. asbestos litigation group exposure can cause cancers of larynx, lungs and ovaries. It can also trigger a type of mesothelioma that is found in the linings of body cavities like the stomach, heart and the testes. Mesothelioma is difficult to identify because it has a long period of time and has symptoms with other conditions such as rheumatoid joint arthritis and sarcoidosis.

People who are most likely to develop asbestos litigation group-related diseases are those who have worked directly with the substance or had exposure to significant environmental hazards. This includes boilermakers, construction workers and shipyard workers. Included are railroad workers and U.S. Navy vets and those who helped clean up after the terrorist attacks of September 11, 2001. Some of the symptoms for the people who suffer from these conditions include breathing difficulties, chest pain and coughing.

A doctor can tell if the patient suffers from an asbestos-related condition by reviewing the patient's medical background, work and family history. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos-related illness. Patients with asbestosis are encouraged to have a lung function test. This can help keep track of their condition. The test will help detect the progression of asbestosis and determine other health issues that could be associated with this disease. Patients suffering from asbestosis should receive regular vaccines to prevent other respiratory illnesses like psoriasis. The EPA offers an TSCA Hotline and an asbestos Ombudsman that can provide additional information and assistance.

Asbestos Database Development

Asbestos is comprised of fibrous minerals. It was widely used in the construction and industry due to its durability, fire retardant and corrosion resistance properties. Inhaling asbestos particles can cause various health issues that include mesothelioma which is a cancer of the lungs and other organs, as well as neurological dysfunctions. These diseases can take 30 years or longer to be diagnosed.

Many asbestos cases are multi-defendant, and involve complex discovery which is often hampered by a failure to identify the proper asbestos products involved in every case. The ability to determine the exact type of asbestos in an asbestos case requires the help of forensic experts and the use of a wide array of investigative tools and methods, such as interviews with former colleagues and other witnesses and Asbestos Defense Litigation subpoenaing work orders, invoices, and delivery documents from employers, and taking samples from home and workplaces. The type of asbestos -- amosite, chrysotile, or crocidolite, must also be determined.

We have extensive experience defending asbestos-related businesses which includes product manufacturers, distributors contractors, suppliers, and manufacturers. Our team has acted as National Coordinating Counsel, Trial Counsel, and Defense Counsel for many clients in asbestos litigation. We have defended companies across the country. We are also Defense Liaison Counsel for a number of the states' asbestos dockets, which is where we oversee local and regional counsel to ensure uniform and cost-effective defense strategies and results.

Our national approach in managing asbestos defense has proven to be effective. In numerous instances it has reduced legal costs by millions of dollars when contrasted to the amount that corporations paid to other firms. This unique and aggressive approach to managing asbestos cases has been praised by courts throughout the country.

We also have experience the defense of massive toxic tort lawsuits filed against the manufacturers of pharmaceuticals and industrial chemicals and petrochemicals. These lawsuits are based upon assertions that exposure to these chemicals has caused illnesses such as occupational asthma and restrictive and obstructive pulmonary disorders, and a variety of neurological conditions.

Medical Expert Witnesses

Expert medical witnesses are essential in asbestos cases, primarily because the signs of exposure to asbestos are easily confused with other illnesses like emphysema and other types of lung cancer. It is essential that lawyers have access to these experts who can help distinguish the various diseases and explain how each illness is the result of different exposures.

The most reliable source of this evidence is found in the asbestos victim's medical records. X-rays, CT scans and biopsy samples are typically available for review. To make the most of these data, medical experts must sort through the data and offer their views on probable causes, probabilities, and other issues.

Medical experts who provide testimony in asbestos cases have a great reputation and have been involved in dozens perhaps hundreds, of cases. This reputation increases their credibility in the eyes of jurors. These doctors have a great deal of experience in preparing to testify, and therefore they know how to answer questions from the defendants and how to present the information to the judge.

It is crucial that both scientists and medical experts testify on the different causes of asbestos-related diseases. It is not enough to prove that the victim suffers from mesothelioma. It has to be demonstrated how the asbestos defendant exposed the plaintiff to the carcinogen and the reason smoking increased the risk of mesothelioma.

Expert witness fees can be an important portion of expenses associated with asbestos cases. This is why it is crucial for a lawyer who is defending the case to be able to efficiently choose and employ the most suitable expert witness for a given case.

At Swartz Campbell, we counsel material suppliers, product manufacturers premises owners, distributors, employers and other defendants in asbestos cases in federal and state courts across the country. Our team of knowledgeable and committed lawyers is well-versed in asbestos litigation, both offensively and defensively. Contact us today to learn what is asbestos litigation we can do to help you.