Asbestos Defense Litigation
Asbestos cases need to be thoroughly studied. This includes identifying asbestos-related products and finding potential defendants. This could involve obtaining information from co-workers, relatives asbestos abatement workers, as well as studying documents and other 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 and floor tiles. It is also found in artex, adhesives doors insulation, adhesives, and doors. It is extremely difficult to determine if a material contains asbestos from its appearance only. The best method to detect the presence of asbestos is to have an experienced environmental surveyor conduct an inspection.
Asbestos fibres are thin and light, which means they can travel a long distance, even through closed doors and windows. When they reach the lungs, they could cause serious health issues. Asbestos can be dangerous when it's damaged, releasing deadly fibers into the air. It is vital to not disturb or remove building materials unless they've been properly labeled and accompanied by an inspection.
Due to the lengthy latency between exposure and disease the process of obtaining evidence-based discovery in an asbestos case is extremely difficult. In addition there are a number of issues regarding the admissibility of plaintiffs' experts and their testimony regarding the causal connection between asbestos exposure and diseases.
In these kinds of situations, asbestos defense attorneys are often able to successfully argue for summary judgement based on the absence of a factual foundation. For example, imagine that plaintiff Paul was involved in a multi-vehicle crash in New York City. But, he doesn't have information about the date and location of the accident, the cars involved, or any other facts which could be used to help to determine that defendant David is responsible for his injuries.
A New York mesothelioma attorney with experience in this field should be consulted. They will review all the facts and documents, including expert reports to determine if summary judgment is the right remedy. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can assist their clients in this procedure. Asbestos law firms across the country can help their clients submit their claims to the most appropriate place. This could be the State of New York or a federal 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 release fibers into the atmosphere when they begin to degrade. They can be breathed in. These fibers can trigger a variety of types of lung disease.
Lung diseases that are a result of asbestos exposure include the pleural diseases (pleural plaques, thickening and effusions), asbestosis and mesothelioma. Inhaling these fibers can cause many symptoms, such as chest pain, fatigue and breath shortness. These symptoms may not show up until decades after exposure to asbestos.
All forms of asbestos, including chrysotile are carcinogenic for humans. Exposure to asbestos causes lung cancers and larynx, as well as ovaries. It can also trigger mesothelioma, a type of cancer that develops in the linings of body cavities, including those in the stomach, heart and tests. Oklahoma City asbestos attorneys isn't easy to identify, as it has a lengthy latent period and a variety of symptoms that are similar with other diseases, like rheumatoid arthritis and sarcoidosis.
People most likely to suffer asbestos-related illnesses are those who worked directly with the substance 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. Some of the symptoms of these people include breathing difficulty as well as chest pain and coughing.
A doctor can determine if an individual suffers from an asbestos-related illness by looking over the medical, work and family history. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos-related illness. Patients suffering from asbestosis are advised to have a lung function test. This can help assess their health. This test can detect the progress of asbestosis and determine other health issues that could be related to this condition. Patients suffering from asbestosis should receive regular vaccines to prevent other respiratory diseases 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 a class of fibrous minerals that were extensively used in industrial and construction settings because of its durable fire-resistant, fire-proof, and corrosion resistant properties. The inhalation of asbestos particles, however, can lead to a variety of medical conditions, including mesothelioma (a cancer of the lungs and other organs), chronic lung diseases, and neurological dysfunctions. These diseases can manifest in 30 years or more.
Many asbestos cases are multi-defendant, and require complex discovery which is often hampered due to a lack of identification of the right asbestos products in every case. The ability to identify each item in an asbestos case requires the help of forensic experts, as well as the use of a wide array of investigative tools and methods such as interviews with former colleagues and other witnesses, subpoenaing work orders, invoices, and delivery documents from employers, and collecting samples from workplaces and at home. It is also necessary to determine the kind of asbestos, if it's amosite, crysotile or crocidolite.
We have extensive experience defending asbestos-related companies, 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 has represented these companies in numerous jurisdictions across the country. We also serve as Defense liaison counsel for various asbestos dockets in these states, which we manage regional and local attorneys to ensure consistency and efficient defense strategies and results.
Our national strategy for managing asbestos defense has been successful and, in numerous instances, has decreased legal expenses by millions of dollars in comparison to the costs companies paid when being represented by other firms. Courts across the nation have recognized our unique and aggressive method of handling asbestos cases.
We are also experienced in defense of mass toxic tort lawsuits brought against pharmaceutical companies and industrial chemicals and Petrochemicals. These lawsuits are based on the claim that exposure to these chemicals can cause diseases like 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, mainly because many symptoms of asbestos exposure can be confused with other illnesses such as emphysema or other forms of lung cancer. It is crucial for lawyers to have access to experts in these fields who can assist in identifying the various types of diseases and to show how each disease is caused by different types of exposure.
Medical records of asbestos victims are usually the most reliable source for this proof. X-rays, CT scans and biopsy samples are typically available for examination. To get the most value out of these data, medical experts are needed to sift the data and offer their opinions on probable causes, probabilities, and other issues.
The medical experts involved in asbestos cases are usually very well-known and have been a witness in dozens or even hundreds of other cases. This reputation increases the credibility of these experts to the jury. Additionally, the knowledge and experience of these doctors in preparing for trial is that they know how to anticipate questions from the defense and how to present their findings to the court.
It is crucial that both medical and scientific experts to testify about the various causes of asbestos-related diseases. It is not enough to show that the victim suffers from mesothelioma; it must be demonstrated how asbestos exposure exposed the plaintiff to carcinogens and the reason smoking increased the risk of mesothelioma.
Expert witness fees can make up a substantial portion of costs that are associated with asbestos cases. This is why it is crucial for a lawyer who is defending the case to be able to effectively choose and employ the most suitable expert witness for a given case.
We represent manufacturers, material suppliers distributors, premises owners and material suppliers in asbestos cases in federal and state courts throughout the country. Our team of committed and experienced lawyers are proficient both offensively and defensively in asbestos litigation. Contact us to find out what we can do to help you.