Asbestos Defense Litigation
Asbestos cases must be thoroughly examined. This includes identifying asbestos products and locating potential defendants. This may involve gathering information from relatives, coworkers, abatement workers, and studying documents and other materials.
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 the same, cost-effective defense strategies.
Asbestos Product Identification
Asbestos can be found in a myriad of building materials -- cement products, paints, floor tiles, adhesive artex, insulation, and doors to name a few. It is difficult to tell whether a particular product has asbestos or not simply by looking at it. The most effective method to determine asbestos's presence is to have a certified environmental surveyor inspect the material.
When asbestos fibres are airborne, they are very small and light, which means they can travel long distances even through closed doors or windows. When they reach the lungs, they can cause the formation of serious health issues. Boulder asbestos lawyer can be dangerous when it is damaged and releases deadly fibres into the air. This is why it's very crucial that building materials never be tampered with or removed unless they are properly labeled and accompanied by a professional inspection.
Due to the long time between exposure and disease, obtaining meaningful discovery in an asbestos lawsuit is extremely difficult. In addition there are a number of issues regarding the admissibility of plaintiffs' experts and testimony on the causal link between asbestos exposure and disease.
In these types of situations asbestos defense lawyers are often able to successfully argue for summary judgments due to the lack of a factual basis. Imagine, for example, that plaintiff Paul was in a multi-vehicle accident in New York City. He doesn't know the date, place of the vehicles involved or any other details 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 in contact. They will examine all facts and documents, including any expert reports to determine if a summary judgment is the appropriate 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 across the country can help their clients file their claims in the most appropriate jurisdiction. 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 found in buildings and products manufactured before 1989. These products can release fibers into the atmosphere when they begin to degrade. They can be breathed in. These fibers can trigger a variety of types of lung diseases.
Lung diseases caused by asbestos exposure include asbestosis, mesothelioma and pleural disease. Inhaling asbestos fibers can trigger various symptoms, including chest pain, fatigue and a shortness of breath. These symptoms may not appear for many years after asbestos exposure.
All forms of asbestos, including chrysotile, are carcinogenic to humans. Exposure to asbestos causes cancers of the lung and larynx, as well as ovaries. It can also cause a form of mesothelioma within the linings that line body cavities, such as the stomach, heart and tests. Mesothelioma can be difficult to recognize, as it has a lengthy latent period and a variety of symptoms that are similar with other conditions, such as sarcoidosis and rheumatoid arthritis.
Those who have worked with asbestos or have been exposed to significant environmental elements are at the highest risk of developing asbestos-related ailments. This includes construction workers, boilermakers, and shipyard workers. Included are railroad workers and U.S. Navy vets and those who helped clean up after the terrorist attacks on September 11, 2001. Some of the symptoms of the people who suffer from these conditions include breathing difficulties coughing, chest pain and chest pain.
A doctor can determine if a patient is suffering from an asbestos-related condition by examining the patient's medical background, work history, and family background. X-rays, CT scans and other tests can help doctors confirm an asbestos-related diagnosis. Patients diagnosed with asbestosis should have a yearly pulmonary function test to monitor the condition. This test can identify the progress of asbestosis and determine other health issues that can be associated with this disease. Patients suffering from asbestosis should also get regular vaccinations to avoid the development of other respiratory ailments such as psoriasis. The EPA provides an TSCA Hotline and an asbestos Ombudsman that can provide additional information and help.
Asbestos Database Development
Asbestos is one of the fibrous minerals that were often employed in industrial and construction settings because of its durable as well as fire-proof and corrosion resistant properties. Inhaling asbestos particles, however, can lead to a variety of medical conditions, including mesothelioma (a cancer of the lungs and other organs) and chronic lung diseases, as well as other neurological disorders. These diseases can manifest in 30 years or more.
Many asbestos cases are multi-defendant, and require a complex investigation that is often complicated due to a lack of identification of the proper asbestos products involved in each case. The ability to identify each item in an asbestos case requires the assistance of forensic experts and the use of a variety of investigative tools and methods such as interviews with former colleagues and other witnesses and subpoenaing work orders, invoices, and delivery documents from employers, and collecting samples from workplaces and at home. The type of asbestos -amosite, chrysotile or crocidolite -- should also be determined.
We have a vast amount of experience defending companies involved in the asbestos industry. This includes companies that manufacture products distributors, suppliers and manufacturers as well as contractors. Our team has acted as National Coordinating Counsel, Trial Counsel and Defense Counsel for many asbestos litigation clients. We have defended companies in multiple jurisdictions across the United States. We also serve as Defense liaison counsel for various asbestos dockets in these states where we oversee the regional and local attorneys to ensure uniform and efficient defense strategies and results.
Our national strategy to manage the asbestos defense has been successful and, in multiple instances, has reduced legal spend by millions of dollars in comparison to the costs companies paid when they were being represented by other firms. Courts across the country have recognized this unique and aggressive approach in managing asbestos cases.
We have also defended mass toxic tort lawsuits brought against the manufacturers of industrial, pharmaceutical and petroleum chemical substances. These lawsuits are based on claims that exposure to these substances can cause diseases like restrictive and obstructive lung diseases, occupational asthma, cancers of different types and other neurological disorders.
Medical Expert Witnesses
Expert witnesses from medical experts are crucial in asbestos cases, primarily because many of the symptoms of exposure to asbestos are easily confused with other conditions like emphysema and other types of lung cancer. It is essential that lawyers have access to these experts who can differentiate the various diseases and explain the way each disease is the result of different types of exposures.
Medical records of asbestos-related victims are typically the most reliable source for this evidence. X-rays are readily available, as well as CT scans and biopsies. However, to make the most of this information, it's essential to have medical professionals who can sift through the data and opine about probabilities, causation and other issues.
The medical experts involved in asbestos cases are usually well-known and have testified in dozens or even hundreds of other cases. This reputation increases the credibility of these experts to the jury. Additionally, the experience of these doctors in preparing for testimonies is that they know how to anticipate questions from the defense team and how to provide evidence to the court.
It is essential that experts from both the scientific and medical fields testify on the different causes of asbestos-related diseases. It is not enough to prove that a mesothelioma patient is in fact diagnosed. It must be proven that the asbestos victim exposed her to the carcinogen and the reason smoking increases the risk of mesothelioma.
Expert witness fees can be an important portion of costs that are associated with asbestos cases. It is therefore important that the defense attorney is adept at identifying and choose the best expert witness for the 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 country. Our team of committed and experienced lawyers are proficient both offensively and defensively in asbestos litigation. Contact us today to learn how our firm can assist you.