Asbestos Defense Litigation
Asbestos cases need to be thoroughly studied. This involves identifying asbestos-containing products and finding 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 counsel 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, adhesives, artex, insulation and doors to mention the most common. It is difficult to tell if a material contains or is not made of asbestos simply by looking at it. The best method to detect asbestos' presence is to have an experienced environmental surveyor inspect the material.
When asbestos fibres become airborne, they're small and light - meaning they can travel for long distances even through doors or windows. When they reach the lungs, they can trigger the formation of serious health issues. Asbestos is dangerous if it is damaged and releases deadly fibres into the air. It is very important to avoid removing or destroying building materials unless they have been properly labelled and accompanied by an inspection.
Due to the long time between exposure and disease, obtaining meaningful discovery in an asbestos lawsuit is extremely challenging. There are Fort Smith asbestos attorney regarding the admissibility and credibility of expert witnesses for plaintiffs and the causal link between exposure to asbestos and the development of disease.
In these types of situations, asbestos defense attorneys are often able to successfully argue for summary judgments due to the absence of a factual foundation. For example, imagine that plaintiff Paul was involved in a multi-vehicle accident in New York City. However, he has no information about the date and location of the accident, the cars involved, or any other facts which could be used to support the conclusion that defendant David is liable for his injuries.
A New York mesothelioma attorney with expertise in this field is recommended. They will go through all facts and documents, including 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 through this procedure. Asbestos law firms across the country can assist their clients submit their claims to the best 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 United States, it still exists in buildings and products that were made prior to 1989. As these products degrade, they release tiny fibers into air that are inhaled by people who are near. These fibers can trigger a variety of types of lung diseases.
The lung diseases caused by asbestos exposure include mesothelioma and asbestosis and pleural disease. The people who breathe in these fibers can experience a range of symptoms such as chest pain, fatigue, and breath shortness. These symptoms may not appear for many years after asbestos exposure.
All forms of asbestos, including chrysotile can cause cancer in humans. Exposure to asbestos can cause lung cancers, larynx and ovaries. It can also cause a form of mesothelioma that is found in the linings found in body cavities, such as the stomach, heart and testes. Mesothelioma is difficult to identify because it has a latent period of time and has symptoms with other conditions, such as rheumatoid arthritis and sarcoidosis.
People most likely to suffer from asbestos-related diseases are those who directly with the substance or were exposed to a significant amount of environmental toxins. This includes construction workers, boilermakers and shipyard workers. Additionally, there are railroad and U.S. Navy vets and those who worked to clean up after the terrorist attacks of September 11, 2001. They might be suffering from chest pain, coughing and breathing difficulties.
A doctor can determine if an individual suffers from an asbestos-related illness by looking over a person's medical history, work and family histories. X-rays, CT scans and other tests can aid doctors in confirming the diagnosis of asbestos-related illness. Patients with asbestosis are advised to have a lung function test. This test will allow them to assess their health. This test can help detect asbestosis ' progression and also identify other health problems that may be associated with the disease. Asbestosis sufferers should receive regular vaccines to prevent other respiratory diseases like psoriasis. The EPA provides an TSCA Hotline and an asbestos Ombudsman who can provide further information and support.
Asbestos Database Development
Asbestos is made up of fibrous minerals. It was widely employed in industry and construction due to its strength as well as its fire-repellant and corrosion resistance properties. Asbestos particles inhalation can cause numerous medical issues such as mesothelioma, which is lung cancer as well as other organs, and neurological disorders. These conditions can take up to 30 years or longer to appear.
Many asbestos cases are multi-defendant and require complex discovery which is often hampered because of a failure to identify the proper asbestos products involved in every case. The ability to identify each product in an asbestos case requires the help of forensic experts, and the use of a wide variety of investigative tools and methods such as interviews with former colleagues and other witnesses as well as subpoenaing work order invoices, and delivery documents from employers, and taking samples from workplaces and at home. It is also necessary to determine the type of asbestos, such as it's amosite or crysotile, or crocidolite.
We have extensive experience in protecting companies in the asbestos industry. This includes companies that manufacture products distributors, suppliers, and manufacturers as well as contractors. Our team has served as National Coordinating Counsel and Trial Counsel for a variety of asbestos litigation clients and has represented these companies in multiple jurisdictions across the United States. We also serve as Defense Liaison Counsel to several of the asbestos dockets in the states, which we manage local and regional counsel to ensure consistent and cost-effective defense strategies and outcomes.
Our national approach to managing asbestos defense has proven to be effective. In multiple instances it has cut legal costs by millions of dollars when compared to the amount companies pay to other companies. Courts across the nation have recognized this unique and aggressive method of managing asbestos cases.
We are also experienced in defending mass toxic tort lawsuits brought against the manufacturers of pharmaceuticals and industrial chemicals and petrochemicals. These lawsuits stem from claims that exposure to these chemicals has caused diseases such as restrictive and obstructive lung conditions, occupational asthma, cancers of all kinds, and other neurological conditions.
Medical Expert Witnesses
Medical expert witnesses are critical in asbestos cases, primarily because many of the symptoms of exposure to asbestos can be easily confused with other ailments such as emphysema or other types of lung cancer. It is essential for attorneys to have access to experts in these fields who can help distinguish the various illnesses and show how each illness is caused by different types of exposure.
Often, the best evidence for this is the medical records of asbestos victims. X-rays, CT scans and biopsy samples are typically available to review. However, to get the most value from this information, it's necessary to have medical experts who can sift through the information and make a decision on probabilities, causation and other issues.
Medical experts who provide testimony in asbestos cases have a good reputation and have been involved in dozens, or even hundreds of cases. This reputation increases their credibility before the jury. These doctors have a great deal of experience when it comes to preparing to testify, so they know how best to answer questions from defendants and how to present the information to the judge.
It is crucial that both medical and scientific experts to testify about the various causes of asbestos-related diseases. It is not enough to show that the victim suffers from mesothelioma; it must be demonstrated how the asbestos defendant exposed the plaintiff to carcinogens and the reason smoking increased the risk of mesothelioma.
Expert witness fees can be a significant portion of the costs associated with asbestos cases. Therefore, it is crucial that the defense attorney is capable of quickly identifying and choose the best expert witness for the particular case.
We represent material manufacturers, suppliers of products distributors, and property owners in asbestos cases before state and federal courts across the United States. Our team of knowledgeable and dedicated attorneys is well-versed in asbestos litigation, offensively and defensively. Contact us to find out what we can do to help you.