Asbestos Defense Litigation
Asbestos cases need to be thoroughly examined. This includes identifying asbestos products and finding potential defendants. This could include collecting information from family members, coworkers, members, abatement workers and reviewing the records.
Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets, and work with local counsel in order to create the same, cost-effective defense strategies.
Asbestos Product Identification
Asbestos can be found in a wide range of building materials, such as cement products, paints, and floor tiles. It can also be found in artex, adhesives doors insulation, adhesives, and doors. It is extremely difficult to determine if the material is asbestos-free based on its appearance only. A professional environmental surveyor can conduct an inspection to determine the presence of asbestos.
When asbestos fibres become airborne, they're small and light, which means they can travel for long distances even through doors or windows. When they get into the lungs, they can cause the development of serious health conditions. Asbestos is most dangerous when it is damaged and releases deadly fibers into the air. This is why it's very important that building materials don't be tampered with or removed unless they are properly labeled and accompanied by an expert inspection.
Due to the lengthy latency between exposure and illness finding meaningful evidence in an asbestos case is extremely difficult. In addition there are a number of issues related to the admissibility of the plaintiffs' experts and testimony about the causal connection between asbestos exposure and disease.
In these situations, asbestos defense lawyers can often argue for summary judgement based on the lack of a factual basis. Consider, for Alhambra asbestos lawyers , that plaintiff Paul was involved in a multi-vehicle accident in New York City. He does not know the date, time, cars involved or any other details that could lead to the conclusion that defendant David was liable for his injuries.
A New York mesothelioma attorney with expertise in this field should be consulted. They will look over the details of the case along with any expert reports or other documents, to determine whether or not summary judgment is an appropriate remedy. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients with this procedure. Asbestos law firms throughout 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 district court located in New York City.
Asbestos Disease Identification
Although asbestos is not being mined or processed in the United States, it still is present in many buildings and products that were manufactured prior to 1989. These products can release fibers into the air when they deteriorate. They can be inhaled. These fibers have been known to cause a variety of lung ailments.
Lung diseases related to asbestos exposure include the pleural disease (pleural plaques, thickening and effusions) as well as mesothelioma and asbestosis. Inhaling asbestos fibers can trigger a number of symptoms, including chest pain, fatigue and a shortness of breath. These symptoms could not be noticed for many years after asbestos exposure.
All forms of asbestos, including chrysotile, are carcinogenic to humans. Asbestos exposure can cause cancers of the larynx, lungs, and ovaries. It can also trigger mesothelioma, a type of cancer that develops in the tissues of body cavities, including those found in the stomach, heart and testes. Mesothelioma isn't easy to identify, as it has a long, latent period and a variety of symptoms that are similar with other conditions, such as sarcoidosis and rheumatoid arthritis.
People most likely to suffer from asbestos-related illnesses are those who directly with the substance or were exposed to a significant amount of environmental toxins. These include construction workers, boilermakers and shipyard workers, railroad and U.S. Navy veterans; and those who helped with cleanup following the September. 11 terrorist attacks. They may experience chest pain, coughing and breathing difficulties.
A doctor can determine whether the patient suffers from an asbestos-related condition by reviewing the medical background, work and family history. X-rays, CT scans and other tests can help doctors confirm an asbestos-related diagnosis. Patients diagnosed with asbestosis should have a yearly lung function test to track the condition. The test can identify 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 has a TSCA Hotline as well as an Asbestos Ombudsman who can provide more information and support.
Asbestos Database Development
Asbestos is a group of fibrous minerals that were extensively employed in industrial and construction settings due to its long-lasting fire-resistant, fire-proof, and corrosion-resistant properties. The inhalation of asbestos particles, however, can cause a range of medical conditions, including mesothelioma (a cancer of the lungs and other organs) as well as chronic lung diseases, and other neurological dysfunctions. These illnesses can take up to 30 years or more to manifest.
Many asbestos cases involve multiple defendants and require a complex investigation which is often hampered due to a lack of identification of the proper asbestos products involved in every case. To identify each asbestos product it is necessary to employ forensic experts, as well as a variety of investigative techniques and tools that include interviewing former colleagues, obtaining invoices and delivery papers, and taking samples at home and work. The type of asbestosamosite, chrysotile or crocidolite -- should be identified.
We have a wealth of experience in defending asbestos-related businesses which includes product manufacturers, distributors, suppliers, and contractors. Our team has been the National Coordinating Counsel and Trial Counsel for a number of clients in asbestos litigation and has represented these companies in multiple jurisdictions across the country. We are also defense liaison counsel for a variety of asbestos dockets across these states, where we manage the local and regional attorneys to ensure uniform and effective defense strategies and outcomes.
Our national strategy to manage the asbestos defense has successful and, in a number of instances, has decreased legal costs by millions of dollars when compared to the costs companies paid when they were being represented by other firms. Courts across the nation have recognized this unique and aggressive approach to handling asbestos cases.
We have also defended mass toxic tort suits brought against the manufacturers of pharmaceutical, industrial and chemical compounds that are petrochemical in nature. These lawsuits are based upon claims that exposure to these chemicals has led to ailments like occupational asthma, restrictive and obstructive pulmonary disorders, and a variety of neurological disorders.
Medical Expert Witnesses
Expert witnesses from medical experts are crucial in asbestos cases, mostly because the signs of exposure to asbestos are easily confused with other conditions like emphysema and other types of lung cancer. It is vital that lawyers have access to these experts who can differentiate the various types of diseases and demonstrate the way each disease is the result of different exposures.
Medical records of asbestos victims are often the best source for this evidence. X-rays are readily available, as well as CT scans and biopsies. However, to get the most benefit from this information, it's important to have medical experts who can analyze the data and opine about the probabilities, causation, and other issues.
Medical experts who are called to testify in asbestos cases have a solid reputation and have been involved in dozens, or even hundreds of cases. This credibility increases the credibility of these experts in the eyes of the jury. Additionally, the experience of the doctors who prepare for trial means that they know how to anticipate questions from the defense and know how to present information to the court.
It is essential that both scientists and medical experts present their opinions on the various causes of asbestos-related diseases. It is not enough to show that the victim has mesothelioma. It has to be demonstrated how asbestos exposure exposed the plaintiff to carcinogens and why smoking increased the risk of mesothelioma.
Expert witness fees can be an enormous portion of total costs of asbestos cases. It is therefore crucial that a defense attorney is adept at identifying and choose the best expert witness for a 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 nation. Our team of dedicated and experienced attorneys are well-versed both defensively and offensively in asbestos litigation. Contact us today to find out what we can do to assist you.