Asbestos Defense Litigation

Asbestos cases need to be thoroughly examined. This includes identifying asbestos products and finding potential defendants. This could involve obtaining information from co-workers, relatives or abatement workers and 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 consistent, cost effective defense strategies.

Asbestos Product Identification

asbestos litigation meaning is present in a variety of building materials, including cement products, paints floor tiles, adhesive artex, insulation, and doors to name just some. It is difficult to determine whether a particular product has or is not made of asbestos by its appearance. A professional environmental surveyor is able to conduct an inspection to determine the presence of asbestos.

When asbestos fibres are airborne, they are tiny and light, meaning they can travel for long distances even through closed windows or doors. Once they reach the lungs, they can cause the development of serious health conditions. Asbestos is dangerous if it is damaged and releases harmful fibres into the air. It is crucial to not disturb or remove construction materials unless they've been properly labeled and supported by an inspection.

Due to the long time between exposure to asbestos and the development of disease It is extremely difficult to obtain a meaningful evidence in an asbestos lawsuit. There are also serious issues relating to the admissibility of and testimony of plaintiffs' expert witnesses and the causal connection between exposure to asbestos and diseases.

In these instances asbestos defense lawyers often argue for summary judgement based on an absence of a factual foundation. For instance, imagine that plaintiff Paul was in a multi-vehicle accident in New York City. But, he doesn't have information about the date and location of the accident, the vehicles involved, or any other facts which could be used to help to determine that defendant David is responsible for his injuries.

In this type of circumstance it is recommended that a skilled New York mesothelioma lawyer should be consult. They will look over the facts of the case, and any expert reports and other documents to determine whether or not the summary judgment is a suitable remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can aid their clients in this process. Asbestos law firms that are nationwide can assist their clients in filing their claims in the most favorable jurisdiction. This could include 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 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 as they degrade. They can be inhaled. These fibers have been known to cause various lung diseases.

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

All forms of asbestos including chrysotile are carcinogenic for humans. Asbestos exposure can cause cancers of larynx, lungs and the ovaries. It can also trigger mesothelioma, a type of cancer that develops in the tissues of body cavities, like those found in the stomach, the heart and the testes. Mesothelioma is difficult to diagnose because it has a latent period of time and shares many symptoms with other conditions such as rheumatoid joint arthritis and sarcoidosis.

Those who have been exposed to asbestos or have been exposed to significant environmental elements are at the highest risk of developing asbestos-related ailments. This includes boilermakers, construction workers, and shipyard workers. Included are railroad workers and U.S. Navy vets and those who helped clean up after the terrorist attacks of September 11, 2001. Some of the symptoms of those who suffer from this condition include difficulty breathing as well as chest pain and coughing.

A doctor can determine if a patient has an asbestos-related illness by looking over the patient's medical, work and family history. X-rays and CT scans can help confirm an asbestos-related illness. Patients with asbestosis are encouraged to have a lung function test. This can help monitor asbestos litigation their condition. The test will help detect the progress of asbestosis as well as identify other health issues that may be associated with this disease. Patients suffering from this condition should also get 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 more information and assistance.

Asbestos Database Development

Asbestos is comprised of fibrous minerals. It was widely used for construction and Asbestos Litigation industry due to its durability as well as its fire-repellant and corrosion resistance properties. Inhaling asbestos particles, however, can lead to a variety of medical problems including mesothelioma (a cancer of the lungs and other organs) as well as chronic lung diseases, and other neurological disorders. These conditions can take up to 30 years or more to manifest.

In many asbestos cases, there are multiple defendants and a complex discovery. This can be a challenge when the asbestos products involved in a case can't be identified. To identify each asbestos product it is necessary to employ forensic experts in addition to a variety of investigative tools and methods, such as interviewing former coworkers, collecting invoices and delivery documents, and taking samples at home and work. 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 businesses including distributors, manufacturers suppliers, contractors, and contractors. Our team has acted as National Coordinating Counsel, Trial Counsel and Defense Counsel for numerous asbestos litigation clients. We have represented clients in multiple jurisdictions throughout the country. We are also Defense Liaison Counsel to several of the states' asbestos litigation paralegal dockets, where we manage local and regional counsel to ensure consistency and cost-effective defense strategies as well as outcomes.

Our national strategy to manage the asbestos defense has been proven effective and, in a number of instances, has reduced legal expenses by millions of dollars when compared to what is asbestos litigation companies were paying when they were being represented by other firms. This unique and aggressive method of managing asbestos cases has been acknowledged by courts across the nation.

We also have experience defense of mass toxic tort lawsuits filed against pharmaceutical companies and industrial chemicals and petroleum chemicals. These lawsuits are based upon the claim that exposure to these chemicals has led to illnesses such as occupational asthma and restrictive and obstructive pulmonary disorders, as well as other neurological conditions.

Medical Expert Witnesses

Expert medical witnesses in asbestos cases are essential due to the fact that many signs of asbestos exposure may be confused with other illnesses like emphysema, among others of lung cancer. It is vital that lawyers have access to these experts who can help distinguish the various diseases and explain how each disease what is asbestos litigation a result of different exposures.

Often, the best source of this evidence is the medical records of asbestos victims. X-rays, CT scans and biopsy samples are typically available to examination. To get the most value out of this information, medical experts must sort through the data, and provide their opinion on the probable causes, probabilities, 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 testimony ensures that they are able to anticipate questions from the defense and how to present information to the judge.

In addition to medical professionals, it is also necessary to have scientific experts to be able to testify on the causes of asbestos-related illnesses. It is not enough to prove that the victim suffers from mesothelioma; it must be shown how asbestos exposure exposed the plaintiff to carcinogens and the reason smoking increased the risk of mesothelioma.

Expert witness fees can constitute an important portion of expenses in asbestos cases. This what is asbestos litigation why it is crucial for a defending attorney to be able to efficiently identify and hire the right expert witness for a particular case.

We represent manufacturers, material suppliers distributors, and property owners in asbestos cases before the federal and state courts across the country. Our team of experienced and committed lawyers is well-versed in asbestos litigation, both offensively and defensively. Contact us today to learn how our firm can assist you.