Asbestos Defense Litigation

Asbestos cases require careful examination of the person who was injured's work background, identifying asbestos-related products, and finding potential defendants. This may involve collecting information from coworkers, family members, abatement workers and reviewing the records.

Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets and coordinate with local counsel in order to create consistent, cost-effective defense strategies.

Asbestos Product Identification

Asbestos can be found in a variety of building materials, such as cement products, paints and floor tiles. It is also found in artex, adhesives, doors, insulation, and adhesives. It is extremely difficult to determine if an item is asbestos-free from its appearance alone. The best way to identify the presence of asbestos is to have a certified environmental surveyor perform an inspection.

Asbestos fibers are tiny and light, which means they can travel a long distance even through closed doors or windows. Once they reach the lungs they can cause serious health problems. Asbestos can be dangerous when it is damaged and releases deadly fibres into the air. It is very important to avoid removing or destroying construction materials unless they've been properly labeled 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 relevant discovery in an asbestos action. Additionally, there are significant issues regarding the admissibility of the plaintiffs' experts and testimony about the causal connection between asbestos exposure and disease.

In these situations, asbestos defense lawyers can often argue for summary judgment based on the lack of a factual basis. For instance, imagine that plaintiff Paul was in a multi vehicle accident in New York City. However, he does not 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.

A New York mesothelioma attorney with experience in this area is recommended. They will analyze the details of the case as well as any expert reports or other documents, to determine whether or not the summary judgment is a suitable remedy. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients with this procedure. Asbestos firms that practice nationwide can help their clients in filing their claims in the most advantageous jurisdiction. This could be the State of New York, or a federal district court in New York City.

asbestos exposure litigation Disease Identification

Although asbestos is no longer mined or processed in United States, it still exists in buildings and products that were produced prior to 1989. When these products deteriorate, they release tiny fibers into air that can be inhaled by those in the vicinity. These fibers can cause several types of lung diseases.

Lung diseases resulting from asbestos exposure include the pleural disease (pleural plaques, thickening, and effusions) as well as mesothelioma and asbestosis. Inhaling these fibers can cause various symptoms, including chest pain, fatigue and breath shortness. These symptoms might not manifest for decades after an asbestos exposure.

All forms of asbestos, including chrysotile can cause cancer in humans. Exposure to asbestos can cause cancers of the lung, larynx and ovaries. It also can cause mesothelioma, a type of cancer that develops in the tissues of body cavities, such as those found in the stomach, heart and tests. Mesothelioma is difficult to diagnose because it is a latent period of time and shares many symptoms with other diseases like rheumatoid arthritis and sarcoidosis.

The most likely to suffer asbestos-related diseases are those who worked directly with asbestos or had exposure to significant environmental hazards. This includes construction workers, boilermakers and shipyard workers; railroad and U.S. Navy veterans; and those who participated in cleaning up after the September. 11, 2001 terrorist attacks. Some of the symptoms of these people include breathing difficulty as well as chest pain and coughing.

A doctor can determine whether a patient suffers from an asbestos-related condition by reviewing the person's medical history, work history and background of family members. X-rays and CT scans can identify the presence of asbestos-related conditions. Patients with asbestosis are encouraged to have a lung function test. This can help keep track of their condition. The test can identify asbestosis's progress and reveal other health issues that could be associated with the disease. Patients suffering from asbestosis must also be vaccinated regularly to avoid the onset of other respiratory illnesses like psoriasis. The EPA has a TSCA Hotline as and an asbestos Ombudsman who can provide more information and assistance.

Asbestos Database Development

asbestos litigation group is composed of fibrous minerals. It was widely used in the construction and industry because of its durability and fire retardant as well as corrosion resistance properties. Inhaling asbestos particles can cause various health issues that include mesothelioma which is a cancer of the lungs and other organs, as well as neurological disorders. These illnesses can be seen for 30 years or longer.

In many asbestos cases, Asbestos Defense Litigation there are multiple defendants and a complex discovery. This can be a challenge when the asbestos-related products involved in a case cannot be identified. To determine the asbestos products involved, forensic experts are needed along with various investigative methods and tools that include interviewing former co-workers, obtaining invoices and delivery papers, and taking samples at home and at work. The type of asbestos -amosite, chrysotile or crocidolite, must be identified.

We have a wealth of experience defending companies involved in the asbestos industry. This includes product manufacturers distributors, suppliers, and manufacturers as well as contractors. Our team has been the National Coordinating Counsel and Trial Counsel for a variety of clients in asbestos litigation and has defended these companies in numerous jurisdictions across the United States. We also serve as Defense Liaison Counsel for a number of the asbestos dockets in the states, where we manage local and regional counsel to ensure uniform and cost-effective defense strategies as well as results.

Our national approach to managing the asbestos defense has proved to be effective and, in a number of instances, has decreased legal spend by millions of dollars compared to what companies paid when being represented by other firms. This unique and aggressive approach to managing asbestos cases has been praised by courts throughout the country.

We also have experience defending mass toxic tort lawsuits brought against manufacturers of pharmaceutical and industrial chemicals and petroleum chemicals. These lawsuits are based upon assertions that exposure to these chemicals has led to illnesses such as occupational asthma and restrictive and obstructive pulmonary disorders, as well as other neurological disorders.

Medical Expert Witnesses

Expert medical witnesses in asbestos cases are vital, mainly because many symptoms of asbestos exposure can be confused with other conditions like emphysema, among others of lung cancer. It is vital that lawyers have access to these experts who can differentiate the different diseases and show how each illness is a result of different types exposures.

Often, the best source of this evidence is the asbestos victim's medical records. X-rays can be found and can be accessed through CT scans and biopsies. However, in order to get the most benefit from this information, it is essential to have medical professionals who can sift through the information and offer opinions on probabilities, causation and other issues.

Medical experts who testify in asbestos cases have a great reputation and have been involved in dozens or even hundreds of cases. This reputation increases their credibility in the eyes of the jury. Furthermore, the experience of the doctors who prepare for trial ensures that they are able to anticipate questions from the defense and how to provide evidence to the court.

In addition to medical experts in addition, it is essential 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 proven that the asbestos defendant exposed the plaintiff to carcinogens and the reason smoking increased the risk of mesothelioma.

Expert witness fees can make up an enormous portion of overall expenses associated with asbestos cases. This is why it is crucial for a lawyer who is defending the case to be able to efficiently find and select the best expert witness for a given case.

At Swartz Campbell, we counsel material suppliers, product manufacturers, premises owners, distributors employers, employers and other defendants in asbestos law & litigation cases in state and federal courts across the country. Our team of dedicated and experienced attorneys are well-versed both offensively and defensively in asbestos litigation. Contact us to find out what we can do to help you.