Asbestos Defense Litigation
Asbestos cases require diligent examination of the person who was injured's work history, identifying asbestos products, and finding potential defendants. This can involve obtaining information from relatives, coworkers asbestos abatement workers, as well as analyzing records and materials.
Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets, and work with local attorneys to achieve the same, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is present in a variety of building materials, including cement products, paints flooring tiles, adhesive, artex, insulation and doors to mention the most common. It is difficult to determine whether a particular product has asbestos or not simply by looking at it. The best method to detect the presence of asbestos is to have a certified environmental surveyor conduct an inspection.
Asbestos fibres are small and light, so they can travel a long distance even through closed doors and windows. When they reach the lungs, they can cause serious health issues. Asbestos becomes dangerous when it is damaged and releases harmful fibres into the air. It is vital to not remove or disturb construction materials unless they've been properly labelled and accompanied by an inspection.
Due to the long latency between exposure to asbestos and the development of disease, it is very difficult to obtain meaningful discovery in an asbestos action. There are also significant issues relating to the admissibility and credibility of expert witnesses for plaintiffs and the causal connection between exposure to asbestos and disease.
In these types of cases, asbestos defense attorneys are often able to argue for summary judgement due to the lack of a solid factual basis. For instance, imagine that plaintiff Paul was in a multi vehicle accident in New York City. He does not know the date, location of the vehicles involved or any other details that could be used to support a conclusion that defendant David was liable for his injuries.
In this kind of scenario it is recommended that a skilled New York mesothelioma lawyer should be in contact. They will review all the facts and documents, including any 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 in this procedure. Asbestos law firms that are nationwide can assist their clients in filing their claims in the most advantageous jurisdiction. Passaic asbestos attorneys could include the State of New York, or a federal district court in New York City.
Asbestos Disease Identification
Asbestos is not being mined in the United States. However, it is still present in products and buildings that were manufactured prior to 1989. These products release fibers into the air when they begin to degrade. They can be breathed in. These fibers can cause several kinds of lung diseases.
Lung diseases caused by asbestos exposure include mesothelioma, asbestosis and pleural disease. Those who inhale these fibers may experience a variety of symptoms, including chest pain, fatigue and breath shortness. These symptoms may not appear for many years after asbestos exposure.
All forms of asbestos, including chrysotile are carcinogenic for humans. Asbestos exposure can cause cancers of lungs, larynx, and the ovaries. It can also trigger mesothelioma which develops in the linings of body cavities, including those in the stomach, heart and testes. Mesothelioma isn't easy to identify, as it has a long latent period and has many symptoms that are comparable with other conditions, such as sarcoidosis and rheumatoid arthritis.
The people who have worked with asbestos or have been exposed to significant environmental factors are at greatest risk of developing asbestos-related diseases. This includes construction workers, boilermakers and shipyard workers; railroad workers and U.S. Navy veterans; and those who assisted with clean-up after the Sept. 11, 2001 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 a patient is suffering from an asbestos-related disease by reviewing the person's medical background, work history and family background. X-rays and CT scans can confirm the presence of asbestos-related conditions. Patients diagnosed with asbestosis should undergo a yearly pulmonary function test to monitor the condition. This test can identify the progress of asbestosis and determine other health issues that can be a result of this disease. Patients with this condition should also receive regular vaccinations to avoid the development of other respiratory ailments like psoriasis. The EPA offers a TSCA Hotline as well as an Asbestos Ombudsman who can provide additional information and support.
Asbestos Database Development
Asbestos is one of the fibrous minerals which was often used in construction and industrial settings due to its long-lasting fire-resistant, fire-proof, and corrosion-resistant properties. The inhalation of asbestos particles, however, can lead to a variety of medical problems including mesothelioma (a lung cancer and other organs) as well as chronic lung diseases, as well as other neurological dysfunctions. These illnesses can take up to 30 years or more to appear.
Many asbestos cases are multi-defendant and involve complex discovery which is often hampered because of a failure to identify the right asbestos products in each case. To determine the asbestos products involved the need for forensic experts, as well as various investigative tools and methods like interviewing former co-workers, obtaining invoices and delivery papers, and taking samples at home and work. The type of asbestos -- amosite, chrysotile, or crocidolite -- should be identified.
We have a wealth of experience in defending asbestos-related companies, including product manufacturers, distributors, suppliers, and contractors. Our team has served as National Coordinating Counsel, Trial Counsel and Defense Counsel for a variety of clients in asbestos litigation. We have defended companies in multiple jurisdictions across the country. We are also Defense Liaison Counsel to several of these states' asbestos dockets, which is where we oversee regional and local counsel to ensure consistency and cost-effective defense strategies and outcomes.
Our national approach to managing asbestos defense has proven efficient. In numerous instances, it has reduced legal costs by millions of dollars contrasted to the amount that corporations paid to other firms. Courts across the nation have recognized this unique and aggressive approach in managing asbestos cases.
We are also experienced in the defense of massive toxic tort lawsuits brought against pharmaceutical companies and industrial chemicals and Petrochemicals. These lawsuits are based on claims that exposure to these substances has caused diseases such as restrictive and obstructive lung conditions as well as occupational asthma, cancers of different types, and other neurological conditions.
Medical Expert Witnesses
Expert medical witnesses are essential in asbestos cases, primarily because many of the symptoms of asbestos exposure can be easily confused with other conditions such as emphysema or other forms of lung cancer. It is crucial that attorneys have access to these experts who can differentiate the various types of diseases and demonstrate how each disease is the result of different exposures.
The most reliable source of this evidence is the asbestos victim's medical records. X-rays, CT scans and biopsy samples are often available to review. To get the most value out of these data, medical experts must sort through the information and offer their opinion on the probabilities, causes, and other issues.
Medical experts who provide testimony in asbestos cases have a good reputation and have been involved in dozens perhaps hundreds, of cases. This credibility increases their credibility before the jury. Additionally, the experience of these doctors in preparing for testimonies means that they know how to anticipate questions from the defense and how to present information to the judge.
It is important to have both scientists and medical experts present their opinions on the various causes of asbestos-related diseases. It is not sufficient to prove that a mesothelioma sufferer is a victim. It must be shown that the asbestos victim exposed her to carcinogens and the reason smoking increases the risk of mesothelioma.
Expert witness fees can be a substantial portion of costs that are associated with asbestos cases. This is the reason it is essential for the attorney representing the client to be able to effectively identify and hire the right expert witness for a given case.
At Swartz Campbell, we counsel material suppliers, product manufacturers distributors, premises owners employers, employers and other defendants in asbestos cases in federal and state courts across the nation. Our team of knowledgeable and committed lawyers is well-versed in asbestos litigation, offensively and defensively. Contact us today for more information on how our firm can assist you.