Asbestos Defense Litigation Tips From The Top In The Industry

Asbestos Defense Litigation

Asbestos cases require a thorough investigation of the injured person's work history, identifying asbestos products and finding potential defendants. This may involve gathering information from co-workers, relatives or abatement workers and analysing documents and other material.

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

Asbestos Product Identification

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

When asbestos fibres are airborne, they are very tiny and light, meaning they can travel for long distances, even through closed doors or windows. Once they get into the lungs, they can lead to the formation of serious health issues. Asbestos becomes dangerous when it is damaged and releases harmful fibres into the air. This is why it's very crucial that building materials never be disturbed or removed unless they are properly labeled and followed by an inspection by a professional.

Due to the long time between exposure to asbestos and the development of disease, it is very difficult to obtain relevant discovery in an asbestos action. In addition there are a number of concerns regarding the admissibility of plaintiffs' experts and asbestos litigation testimony on the causal connection between asbestos exposure and disease.

In these instances, asbestos defense lawyers can typically argue for summary judgement in the absence of a factual foundation. Consider, for instance, that plaintiff Paul was in a multi vehicle accident in New York City. However, he has no information regarding the date and location of the accident, the cars involved or any other details that might support the conclusion that defendant David is responsible for his injuries.

In this type of circumstance, an experienced New York mesothelioma lawyer should be consult. They will examine all facts and documents, including any expert reports, to determine if summary judgment is the right solution. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy are able to assist their clients through this procedure. Asbestos law firms across the country can help their clients to file their claims in 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 exists in buildings and products that were produced prior to 1989. These products can release fibers into the air when they begin to degrade. They can be breathed in. These fibers can cause a variety of lung ailments.

Lung diseases caused by asbestos exposure include mesothelioma and asbestosis and pleural disease. People who breathe in asbestos fibers can experience a range of symptoms, including chest pain, fatigue, and breath shortness. These symptoms could not be apparent until years after a person is exposed to asbestos.

All forms of asbestos, including chrysotile are carcinogenic for humans. Exposure to asbestos can lead to cancers of the lungs, larynx, and ovaries. It can also trigger a type of mesothelioma that is found in the linings of body cavities such as the stomach, heart and tests. Mesothelioma is difficult to recognize because it is a latent period of time and shares many symptoms with other diseases like rheumatoid arthritis and sarcoidosis.

People who have been exposed to asbestos or have been exposed to significant environmental factors are at greatest risk of developing asbestos-related illnesses. This includes construction workers, boilermakers and shipyard workers; railroad workers and U.S. Navy veterans; and those who helped with cleanup after the September. 11 terrorist attacks. Some of the symptoms of the people who suffer from these conditions include breathing difficulties as well as chest pain and coughing.

A doctor can determine if the patient suffers from an asbestos-related condition by reviewing the medical background, work and family history. X-rays and CT scans can help confirm an asbestos-related illness. Patients diagnosed with asbestosis must be yearly tested for lung function test to check the condition. The test can identify asbestosis ' progression and also identify other health issues that could be connected to the condition. Patients suffering from asbestosis should also receive regular vaccinations to avoid the development of other respiratory ailments, such as psoriasis. The EPA has a TSCA Hotline as well as an Asbestos Ombudsman who can provide additional information and assistance.

Asbestos Database Development

Asbestos is a class of fibrous minerals that was extensively employed in industrial and construction settings due to its tough, fire retardant, and corrosion-resistant properties. The inhalation of asbestos particles can lead to a variety of medical conditions, including mesothelioma (a lung cancer and other organs) as well as chronic lung diseases, as well as other neurological dysfunctions. These diseases can manifest 30 years or longer.

Many asbestos cases are multi-defendant, and require a complex investigation that is often complicated because of a failure to identify the proper asbestos products involved in each case. The ability to identify each item in an asbestos case requires the help of forensic experts, as well as the use of a wide range of investigative tools and methods such as interviews with former co-workers and other witnesses, subpoenaing work orders, invoices, and delivery papers from employers, and obtaining samples from home and workplaces. The type of asbestos- amosite, chrysotile, or crocidolite, must also be determined.

We have a wealth of experience in defending asbestos-related businesses which includes distributors, manufacturers suppliers, contractors, and contractors. Our team has acted as National Coordinating Counsel, Trial Counsel, and Defense Counsel for a variety of clients involved in asbestos litigation. We have represented clients in multiple jurisdictions across the country. We are also Defense Liaison Counsel to several of these states' asbestos dockets where we manage local and regional counsel to ensure consistent and cost-effective defense strategies as well as results.

Our national approach to managing the latest asbestos litigation defense has been successful and, in multiple instances, has reduced legal expenses by millions of dollars compared to what companies paid when being represented by other firms. This unique and aggressive approach to managing asbestos cases has been acknowledged by the courts across the country.

We also have defended mass toxic tort lawsuits brought against the manufacturers of industrial, pharmaceutical and chemical compounds that are petrochemical in nature. These lawsuits are based on the claim that exposure to these substances can cause diseases like restrictive and obstructive lung disorders as well as occupational asthma, cancers of different types and a variety of neurological conditions.

Medical Expert Witnesses

Medical expert witnesses in asbestos cases are essential due to the fact that many signs of asbestos exposure may be misinterpreted as other ailments like emphysema, among others of lung carcinoma. It is essential for attorneys to have access to experts in these fields who can assist in identifying the various types of diseases and explain the causes of each disease by different types of exposure.

Medical records of asbestos-related victims are typically the most reliable source for this evidence. X-rays, CT scans and biopsy samples are usually available for examination. To make the most of the information available, medical professionals are required to sort through the data, and provide their opinions on possible causes, probabilities and other issues.

Medical experts who are called to testify in asbestos litigation wiki cases have a great reputation and have been involved in dozens, perhaps hundreds, of cases. This reputation increases their credibility in the eyes of the jury. These doctors have a lot of experience in preparing themselves to testify, so they know how best to respond to questions from defendants and how to present their findings to the judge.

It is crucial that both medical and scientific experts present their opinions on the various causes of asbestos-related diseases. It is not enough to prove that the victim suffers from mesothelioma. It has to be shown how asbestos exposure exposed the plaintiff to carcinogens and how smoking aggravated the risk of mesothelioma.

Expert witness fees can be an important portion of costs associated with asbestos cases. Therefore, it is crucial that the defense attorney is adept at identifying and select the most qualified expert witness for any given case.

We represent material suppliers, product manufactures distributors, premises owners and material suppliers in asbestos cases in federal and state courts throughout the country. Our team of knowledgeable and dedicated lawyers is knowledgeable in asbestos litigation, both offensively and defensively. Contact us today to learn how our firm can assist you.