The Unknown Benefits Of Asbestos Defense Litigation

Asbestos Defense Litigation

asbestos class action litigation cases need to be thoroughly investigated. This involves identifying asbestos-containing products and locating potential defendants. This may involve gathering information from relatives, coworkers asbestos abatement workers, as well as analyzing records and materials.

Cetrulo LLP has served as regional and national Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets, and work with local attorneys in order to create the same, cost-effective defense strategies.

Asbestos Product Identification

Asbestos is found specializes in asbestos litigation a variety of building materials, including cement products, paints, and floor tiles. It is also found in adhesives, artex, doors insulation, adhesives, and doors. It is extremely difficult to determine whether or not the material is asbestos-free based on its appearance by itself. A professional environmental surveyor can conduct an inspection to determine whether the material is contaminated with asbestos.

Asbestos fibres are thin and light, meaning they can travel a considerable distance even through closed doors and windows. Once they reach the lungs, they can trigger the formation of serious health issues. Asbestos becomes dangerous when it is damaged and releases harmful fibres into the air. It is crucial to not remove or disturb building materials unless they have been properly labeled and accompanied by an inspection.

Due to the lengthy time between exposure and disease, obtaining meaningful discovery in an asbestos case is extremely challenging. There are also serious issues relating to the admissibility and testimony of expert witnesses and the causal connection between exposure to asbestos and disease.

In these types of situations asbestos defense lawyers are often able to argue for summary judgement in the absence of a factual foundation. Imagine, for example, that plaintiff Paul was in an accident involving multiple vehicles in New York City. He doesn't know the date, location, cars involved or any other details that could be used to support a conclusion that defendant David was responsible for his injuries.

In this kind of scenario it is recommended that a skilled New York mesothelioma lawyer should be consulted. They will review the details of the case along with any expert reports or other documents to determine if the summary judgment is a suitable remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients through this procedure. Asbestos law firms located across the country can assist their clients file their claims in the most appropriate place. This could include the State of New York, or a federal district court in New York City.

Asbestos Disease Identification

Asbestos is not mined anymore in the United States. However, it can still be found in the construction and other products that were manufactured prior to 1989. These products can release fibers into the air as they degrade. They can be inhaled. These fibers can cause a variety of types of lung diseases.

The lung diseases caused by asbestos exposure include mesothelioma, 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 exposure to asbestos.

All forms of asbestos including chrysotile are carcinogenic for humans. Exposure to asbestos causes lung cancer and larynx, as well as ovaries. It can also cause a form of mesothelioma in the linings that line body cavities like the stomach, the heart and the testes. Mesothelioma is difficult to identify because it has a latent period of time and shares many symptoms with other conditions like rheumatoid arthritis and sarcoidosis.

The most likely to develop asbestos-related diseases are those who worked directly with the material or had exposure to significant environmental hazards. This includes boilermakers, construction workers, shipyard workers, railroad and U.S. Navy veterans; and those who participated in cleanup after the September. 11 terrorist attacks. Some of the symptoms of those who suffer from this condition include difficulty breathing, chest pain and coughing.

A doctor can determine if a patient is suffering from an asbestos-related disease by looking at the patient's medical background, work history and family history. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos. Patients with asbestosis are encouraged to have a lung function test. This will help keep track of their condition. This test can detect asbestosis progression and identify other health issues that could be associated with the disease. Asbestosis sufferers should get regular vaccinations to avoid other respiratory diseases such as psoriasis. The EPA offers an TSCA Hotline and an asbestos Ombudsman who can provide additional information and support.

Asbestos Database Development

Asbestos is comprised of fibrous minerals. It was extensively employed in industry and construction due to its strength, fire retardant and corrosion resistance properties. The inhalation of asbestos particles can cause a range of medical problems including mesothelioma (a cancer of the lungs and mesothelioma other organs) as well as chronic lung diseases, and neurological dysfunctions. These conditions may take 30 years or longer to manifest.

In many asbestos cases 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 help of forensic experts, as well as the use of a wide variety of investigative tools and methods, such as interviews with former coworkers and other witnesses, subpoenaing work orders, invoices, and delivery documents from employers, and taking samples from home and workplaces. It is also necessary to determine the kind of asbestos, if it's amosite or crysotile, or crocidolite.

We have a wealth of experience in defending asbestos-related companies which includes distributors, manufacturers suppliers, contractors, and contractors. Our team has served as National Coordinating Counsel, Trial Counsel and Defense Counsel for numerous asbestos litigation clients. We have defended companies in multiple jurisdictions throughout the country. We are also Defense Liaison Counsel for a number of these asbestos dockets in the states, which we manage regional and local counsel to ensure consistent and cost-effective defense strategies as well as outcomes.

Our national approach to managing asbestos defense has proven effective. In multiple instances it has cut legal costs by millions of dollars when compared to the amount companies paid to other firms. This unique and abrasive approach to managing asbestos cases has been acknowledged by the courts across the country.

We are also experienced in the defense of massive toxic tort lawsuits filed against the manufacturers of pharmaceuticals and industrial chemicals and Petrochemicals. These lawsuits are based upon claims that exposure to these chemicals has led to illnesses such as occupational asthma as well as restrictive and obstructive lung disorders, and a variety of neurological disorders.

Medical Expert Witnesses

Expert medical witnesses are essential in asbestos cases, principally because the symptoms of asbestos exposure can be easily confused with other conditions like emphysema and other forms of lung cancer. It is crucial for lawyers to have access to experts in these fields to help distinguish the various illnesses and show how each illness is caused by different types of exposures.

Medical records of asbestos-related victims are typically the best source for this evidence. X-rays, CT scans and biopsy samples are typically available for examination. However, in order to get the most value from this information, it is essential to have medical professionals who can analyze the information and offer opinions on probabilities, causation and other issues.

The medical experts involved in asbestos cases are usually very well-known and have been a witness in dozens or even hundreds of other cases. This reputation increases the credibility of these experts in the eyes the jury. They have a lot of experience in preparing themselves to testify, and therefore they know the best way to respond to questions from defendants and how to present the evidence to the court.

It is important to have both medical and scientific experts to testify about the various causes of asbestos disease. It is not sufficient to prove the victim has mesothelioma. It is necessary to prove that the asbestos defendant exposed her to carcinogens, and why smoking increases the risk of mesothelioma.

Expert witness fees can be a large portion of the overall costs associated with an asbestos case. It is therefore crucial that the defense attorney is adept at identifying and choose the best expert witness for the particular case.

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