Asbestos Defense Litigation

Asbestos cases require a thorough examination of the person who was injured's work background, identifying asbestos-related products and locating potential defendants. This may involve gathering information from relatives, coworkers, abatement workers, and studying documents and other materials.

Cetrulo LLP has served as the national and Asbestos Defense Litigation regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and collaborate with local counsel to develop the same, cost-effective defense strategies.

Asbestos Product Identification

Asbestos is found in a wide range of building materials, including cement products, paints and floor tiles. It can also be found in artex, adhesives doors, insulation, and adhesives. It is difficult to determine whether a particular product has or does not contain asbestos by its appearance. The most effective method to determine the presence of asbestos is to have a professional environmental surveyor conduct an inspection.

Asbestos fibers are tiny and light, which means they can travel for a long distance, even through closed doors or windows. Once they reach the lungs they can trigger the development of serious health conditions. Asbestos is dangerous if it is damaged and releases deadly fibres in the air. This is why it's important that building materials not be removed or disturbed without being properly labeled and followed by a professional inspection.

Due to the long time between exposure and illness finding meaningful evidence in an asbestos case is extremely difficult. Additionally, there are significant issues related to the admissibility of the plaintiffs' experts and testimony about the causal link between asbestos exposure and the onset of disease.

In these instances asbestos defense lawyers typically argue for summary judgement based on an absence of a factual foundation. For instance, suppose that plaintiff Paul was involved 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 that could be used to prove that defendant David is responsible for his injuries.

In this kind of scenario in this type of situation, a seasoned New York mesothelioma lawyer should be in contact. They will review the facts of the case, and any expert reports and other documents, to determine whether or not summary judgment is an appropriate remedy. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients through this procedure. Asbestos firms that practice nationwide can also assist their clients with filing their claims in the most favorable jurisdiction. This could be the State of New York or a federal court located in New York City.

Asbestos Disease Identification

Although asbestos is not mined or processed in the United States, it still exists in buildings and products that were made prior to 1989. These products can release fibers into the air when they deteriorate. They can be inhaled. These fibers are known to cause various lung diseases.

Lung diseases resulting from asbestos litigation meaning exposure include the pleural diseases (pleural plaques, thickening, and effusions) asbestosis, mesothelioma, and asbestosis. Inhaling asbestos fibers can trigger a number of symptoms, including chest pain, fatigue and a shortness of breath. These symptoms may 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 cause cancers of the lung larynx, ovaries and larynx. It also can cause mesothelioma which develops in the linings of body cavities, like those found in the stomach, the heart and the testes. Mesothelioma is difficult to recognize because it has a latent period of time and has symptoms with other conditions like rheumatoid arthritis and sarcoidosis.

The most likely to suffer from asbestos-related diseases are those who have worked directly with the material or were exposed to a significant amount of environmental toxins. This includes construction workers, boilermakers and shipyard workers. Included are railroad workers and U.S. Navy vets and those who worked to clean up after the terrorist attacks of September 11, 2001. They might suffer from chest pain, coughing and breathing difficulties.

A doctor can determine if a patient is suffering from an asbestos-related disease by examining the patient's medical background, work history, and family history. X-rays and CT scans can confirm the presence of asbestos-related conditions. Patients diagnosed with asbestosis must have a yearly lung function test to track the condition. This test can identify the progress of asbestosis as well as determine other health issues that can be related to this condition. Patients suffering from this condition must also be vaccinated regularly to prevent the onset of other respiratory illnesses like psoriasis. The EPA offers a TSCA Hotline and an Asbestos Ombudsman that can provide additional information and assistance.

Asbestos Database Development

Asbestos is comprised of fibrous minerals. It was widely used in the construction and industry because of its durability as well as its fire-repellant and corrosion resistance properties. Inhaling asbestos particles can cause a variety of medical problems including mesothelioma (a lung cancer and other organs), chronic lung diseases, as well as other neurological dysfunctions. These illnesses can be seen for in 30 years or more.

Many asbestos cases are multi-defendant and require complex discovery that is often complicated because of a failure to identify the proper asbestos litigation meaning products involved in each case. To identify each asbestos product it is necessary to employ forensic experts in addition to various investigative methods and tools like interviewing former colleagues, obtaining invoices and delivery papers and taking samples at home and at work. The type of asbestos- amosite, chrysotile, or crocidolite -- should be identified as well.

We have a wealth of experience in defending companies in the asbestos industry, including 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 we have defended these companies in multiple jurisdictions across the country. We also serve as Defense liaison counsel for several asbestos dockets across these states, where we manage the local and regional attorneys to ensure uniform and effective defense strategies as well as outcomes.

Our national approach to managing asbestos defense has proven to be effective. In numerous instances it has cut legal costs by millions of dollars contrasted with the amount that companies paid to other firms. This unique and aggressive approach to managing asbestos cases has been praised by the courts across the country.

We are also experienced in defense of mass toxic tort lawsuits filed 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 and occupational asthma, as well as cancers of all kinds 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 exposure to asbestos can be confused with other illnesses like emphysema and other types of lung cancer. It is essential for asbestos defense Litigation attorneys to have access to experts in these fields who can help distinguish the various illnesses and show the causes of each disease by different types 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. To get the most value out of the information available, medical professionals are needed to sift the data and offer their views on probable causes, probabilities, and other issues.

The medical experts involved in asbestos cases are typically very well-known and have testified in dozens or even hundreds of other cases. This credibility increases their credibility before the jury. They have a lot of experience in preparing themselves to testify, so they know how best to answer questions from the defendants and how to present the information to the court.

In addition to medical professionals, it is also necessary to have scientists testify about the various causes of asbestos-related diseases. It is not sufficient to prove the victim has mesothelioma. It is necessary to prove that the asbestos defendant exposed her to the carcinogen, and why smoking increases the risk of mesothelioma.

Expert witness fees can be a significant portion of the expenses associated with asbestos cases. This is why it is important for the attorney representing the client to be able to efficiently choose and employ the most suitable expert witness for a given case.

At Swartz Campbell, we counsel material suppliers, product manufacturers distributors, premises owners employers, and other defendants in asbestos cases in both state and federal courts across the country. Our team of highly experienced and dedicated attorneys is well-versed in asbestos litigation, both offensively and defensively. Contact us today to learn how we can assist you.