Asbestos Defense Litigation
Asbestos-related cases must be thoroughly examined. This includes identifying asbestos products and locating potential defendants. This can include collecting information from coworkers, family members, abatement workers and reviewing documents.
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 consistent, 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 just a few. It is difficult to determine if a material contains asbestos or not based on its appearance. The best way to identify the presence of asbestos is to have an experienced environmental surveyor inspect the material.
When asbestos fibres are airborne, they are very tiny and light, meaning they can travel long distances even through windows or doors. When they reach the lungs, they can cause serious health problems. Asbestos is most dangerous when it is damaged, releasing deadly fibers into the air. It is vital to not remove or disturb building materials unless they've been properly labeled and accompanied by an inspection.
Due to the lengthy latency between asbestos exposure and illness it can be very difficult to obtain a meaningful information in an asbestos case. Additionally there are significant issues regarding the admissibility of plaintiffs' experts and their testimony regarding the causal link between asbestos exposure and diseases.
In these kinds of situations, asbestos defense attorneys can often successfully argue for summary judgment due to the lack of a solid factual basis. For instance, suppose that plaintiff Paul was involved in a multi-vehicle crash in New York City. But, he doesn't have information regarding the date and location of the accident, the cars involved or any other information that could help to determine that defendant David is responsible for his injuries.
A New York mesothelioma attorney with expertise in this field should be consulted. They will examine all facts and documents, including expert reports to determine if a summary judgment is the best remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients through this process. Asbestos law firms throughout the country can help their clients submit their claims to the most appropriate jurisdiction. This could be the State of New York, or a federal district 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 made prior to 1989. When these products deteriorate, they release tiny fibers into air that are inhaled by people who are near. These fibers can cause a variety of lung ailments.
Lung diseases that result from asbestos exposure include mesothelioma, asbestosis and pleural disease. Inhaling asbestos fibers can trigger various symptoms, including chest pain, fatigue, and breath shortness. These symptoms may not appear for decades after an asbestos exposure.
All forms of asbestos including chrysotile, are carcinogenic to humans. Exposure to asbestos can cause lung cancers, larynx and ovaries. It can also cause a form of mesothelioma that develops in the interior of body cavities, like those in the stomach, the heart and the testes. Mesothelioma isn't easy to diagnose, since it has a long latent period and has many symptoms that are comparable with other conditions, such as rheumatoid arthritis and sarcoidosis.
People who have been exposed to asbestos or have been exposed to significant environmental elements are at the highest risk of developing asbestos-related ailments. These include boilermakers, construction workers and shipyard workers; railroad and U.S. Navy veterans; and those who helped with cleaning up after the September. 11 terrorist attacks. Some of them may experience chest pain, coughing or breathing difficulties.
A doctor can determine whether a patient suffers from an asbestos-related disease by looking at the patient's medical history, work history and family background. X-rays, CT scans and other tests can aid doctors in confirming the diagnosis of asbestos. Patients suffering from asbestosis are advised to have a yearly lung function test. This test will allow them to keep track of their condition. This test can identify the progress of asbestosis and determine other health issues that could be related to this condition. Patients suffering from asbestosis must also be vaccinated regularly to prevent the onset of other respiratory diseases, such as psoriasis. The EPA has a TSCA Hotline as well as an asbestos Ombudsman who can provide more information and help.
Asbestos Database Development
Asbestos is a group of fibrous minerals which was once widely used in industrial and construction settings because of its durable as well as fire-proof and corrosion-resistant properties. Inhaling asbestos particles can cause a variety medical problems such as mesothelioma, which is a cancer of the lungs and other organs, as well as neurological problems. These illnesses can be seen for 30 years or longer.
In many asbestos cases there are several defendants and a complex discovery. This can be difficult when the asbestos materials involved in a case cannot be identified. To determine the asbestos products involved it is necessary to employ forensic experts in addition to various investigative methods and tools that include interviewing former co-workers, obtaining invoices and delivery papers, and taking samples at work and at home. The type of asbestos -amosite, chrysotile or crocidolite -- must be identified.
We have extensive experience defending companies in the asbestos industry, including product manufacturers, distributors, suppliers, and contractors. Our team has been the National Coordinating Counsel and Trial Counsel for numerous clients in asbestos litigation, and we have defended these companies in numerous jurisdictions across the United States. We are also Defense liaison counsel for various asbestos dockets across these states, where we manage the regional and local attorneys to ensure consistency and efficient defense strategies and results.
Our national approach in managing asbestos defense has proven efficient. In multiple instances, it has reduced legal costs by millions of dollars compared to the amount companies paid to other firms. Courts across the country have recognized our unique and aggressive approach to managing asbestos cases.
We are also experienced in defense of mass toxic tort lawsuits brought against manufacturers of pharmaceutical and industrial chemicals and petrochemicals. These lawsuits are based on the claim that exposure to these chemicals can cause illnesses such as occupational asthma and restrictive and obstructive pulmonary disorders, as well as other neurological disorders.
Medical Expert Witnesses
Expert medical witnesses in asbestos cases are essential, mainly because many symptoms of exposure to asbestos can be misinterpreted as other ailments such as emphysema or other forms of lung cancer. It is important for attorneys to have access to experts in these fields who can help distinguish the various illnesses and show how each disease is caused by different kinds of exposures.
Medical records of asbestos victims are often the most reliable source of this evidence. Fort Myers asbestos lawyers -rays are readily available and can be accessed through CT scans and biopsies. However, in order to make the most of this information, it is necessary to have medical experts who are able to analyze the data and opine about the probabilities, causation, 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 of the jury. These doctors have a great deal of experience when it comes to preparing to be witnesses, and they know how to respond to questions from defendants and how to present their findings to the judge.
In addition to medical experts in addition, it is essential to have experts from the scientific community testify about the various causes of asbestos diseases. It is not enough to prove that the victim suffers from mesothelioma. It must be shown how the asbestos defendant exposed the plaintiff to the carcinogen and the reason smoking increased the risk of mesothelioma.
Expert witness fees can constitute a substantial portion of costs in asbestos cases. It is therefore important 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, premises owners and material suppliers in asbestos cases before state and federal courts across the United States. Our team of committed and experienced lawyers are proficient both defensively and offensively in asbestos litigation. Contact us today to learn what we can do to assist you.