Asbestos Defense Litigation

Asbestos cases need to be thoroughly studied. This includes identifying asbestos-related products and locating potential defendants. This could involve obtaining information from co-workers, relatives, 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 counsel to achieve the same, cost-effective defense strategies.

Asbestos Product Identification

Asbestos is found in a wide range of building materials, such as cement products, paints, and floor tiles. It is also found in artex, adhesives doors insulation, adhesives, and doors. It is very difficult to determine whether or not an item is asbestos-free from its appearance alone. The most effective method to determine asbestos's presence is to have an experienced environmental surveyor perform an inspection.

When asbestos litigation group fibres are airborne, they're small and light, which means they can travel long distances even through windows or doors. Once they get into the lungs, they can trigger the formation of serious health issues. Asbestos can be dangerous when it is damaged, releasing deadly fibres into the air. It is crucial to not disturb or remove building materials unless they've been properly labeled and supported by an inspection.

Due to the lengthy latency between exposure and disease the process of obtaining evidence-based discovery in an asbestos action is extremely difficult. There are also serious issues relating to the admissibility and credibility of expert witnesses for plaintiffs and the causal link between exposure to asbestos and the development of disease.

In these instances asbestos defense lawyers often argue for summary judgment based on the lack of a factual basis. For example, imagine that plaintiff Paul was involved in a multi-vehicle accident in New York City. He is not aware of the date, place of the vehicles involved or any other details that could be used to support a conclusion that defendant David was responsible for his injuries.

A New York mesothelioma attorney with expertise in this field should be consulted. They will review the facts of the case, as well as any expert reports and other documentation, to determine if 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 through this procedure. Asbestos law firms that are nationwide can also assist their clients with filing their claims in the most favorable jurisdiction. This could include the State of New York, or a federal district court located in New York City.

Asbestos Disease Identification

Although asbestos exposure litigation 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. When these materials degrade, they release tiny fibers into air that are inhaled by people who are near. These fibers can cause a variety of types of lung diseases.

The lung diseases caused by asbestos exposure include mesothelioma, asbestosis and pleural disease. The people who breathe in these fibers may experience a variety of symptoms such as chest discomfort, fatigue, and shortness of breath. These symptoms could not be noticed for decades after an asbestos exposure.

All forms of asbestos, including chrysotile, are carcinogenic to humans. Exposure to asbestos causes cancers of the lung, larynx and ovaries. It can also cause a type of mesothelioma that is found in the linings of body cavities, such as the stomach, heart and the testes. Mesothelioma is difficult to diagnose because it is a latent period of time and has symptoms with other diseases like rheumatoid arthritis and sarcoidosis.

People most likely to suffer asbestos-related diseases are those who have worked directly with asbestos or were exposed to a significant amount of environmental toxins. This includes boilermakers, construction workers and shipyard workers. Additionally, there are railroad and U.S. Navy vets and those who assisted in cleaning up after the terrorist attacks of September 11, 2001. 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 whether a patient suffers from an asbestos litigation paralegal-related disease by looking at the patient's medical history, work history and family history. X-rays and CT scans can help confirm an asbestos-related condition. Patients diagnosed with asbestosis should have a yearly 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 with this condition should also get regular vaccinations to prevent the development of other respiratory diseases such as psoriasis. The EPA offers a TSCA Hotline as well as an Asbestos Ombudsman who can provide more information and support.

Asbestos Database Development

Asbestos is made up of fibrous minerals. It was extensively used in the construction and industry due to its strength, fire retardant and corrosion resistance properties. Asbestos particles inhalation can cause a variety medical problems that include mesothelioma which is lung cancer and other organs, as well as neurological problems. These conditions can manifest for 30 years or longer.

Many asbestos cases involve multiple defendants and require complex discovery which is often hampered because of a failure to identify the correct asbestos products involved in every case. The ability to identify each product in an asbestos case requires the help of forensic experts, and the use of a wide variety of investigative tools and methods like interviews with former coworkers and other witnesses and subpoenaing work orders, invoices, and delivery documents from employers, and taking samples from both workplaces and homes. 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 product manufacturers, distributors, suppliers, and contractors. Our team has served as National Coordinating Counsel and Trial Counsel for a number of clients in asbestos litigation, and we have defended these companies in numerous jurisdictions across the country. We also serve as defense liaison counsel for a variety of asbestos litigation group dockets across these states, where we oversee the regional and local attorneys to ensure consistency and effective defense strategies and results.

Our national approach to managing the asbestos defense has been proved to be effective and, in multiple instances, has decreased legal costs by millions of dollars when compared to the amount companies were paying when they were being represented by other firms. Courts across the nation have recognized this unique and aggressive approach to handling asbestos cases.

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

Medical Expert Witnesses

Medical expert witnesses are critical in asbestos cases, primarily because many of the symptoms of asbestos exposure can be easily confused with other ailments such as emphysema or other forms of lung cancer. It is important for attorneys to have access to experts in these fields who can help distinguish the various illnesses and show how each disease is caused by different kinds of exposures.

Medical records of asbestos victims are often the best source for this proof. X-rays, CT scans and biopsy samples are usually available for review. However, to get the most benefit from this information, it is necessary to have medical experts who are able to 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 testified in dozens, or even hundreds of other cases. This credibility increases the credibility of these experts to the jury. These doctors have a lot of experience in preparing to testify, so they know the best way to answer questions from defendants and how to present their findings to the court.

In addition to medical professionals in addition, it is essential to have experts from the scientific community provide evidence on the different causes of asbestos-related illnesses. It is not enough to prove that a mesothelioma sufferer is a victim. It must be proven that the asbestos victim exposed her to the carcinogen, and why smoking increases the risk of mesothelioma.

Expert witness fees can be an enormous portion of overall costs associated with asbestos cases. This is why it is crucial for the attorney representing the client to be able identify and hire the right expert witness for a given case.

We represent manufacturers, material suppliers distributors, and property owners in asbestos cases before federal and state courts throughout the country. Our team of knowledgeable and committed lawyers is well-versed in asbestos litigation, both offensively and defensively. Contact us to find out how we can assist you.