Asbestos Defense Litigation
Asbestos cases need to be thoroughly investigated. This includes identifying asbestos products and locating potential defendants. This may involve gathering information from coworkers, family members, abatement workers, and reviewing the records.
Cetrulo LLP has served as the national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and coordinate with local counsel to develop consistent, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is found in hundreds of building materials - cement products, paints floor tiles, adhesive artex, insulation, and doors to name the most common. It is extremely difficult to determine whether or not an item is asbestos-free from its appearance alone. A professional environmental surveyor can conduct an inspection to determine the presence of asbestos.
Asbestos fibres are small and light, so they can travel a long distance, even through closed doors or windows. Once they reach the lungs they can cause serious health problems. Asbestos is most dangerous when it becomes damaged and releases deadly fibres into the air. It is very important to not remove or disturb construction materials unless they've been properly labeled and supported by an inspection.
Due to the lengthy latency between exposure to asbestos and the development of disease, it is very difficult to obtain meaningful information in an asbestos case. Additionally, there are significant issues related to the admissibility of experts from plaintiffs and their testimony regarding the causal link between asbestos exposure and the onset of disease.
In these types of situations, asbestos defense attorneys are often able to successfully argue for summary judgement based on the lack of a solid factual basis. For instance, imagine that plaintiff Paul was involved in a multi-vehicle crash in New York City. He does not know the date, time the cars involved, or any other details that could be used to support a conclusion that defendant David was liable for his injuries.
In Lancaster asbestos lawsuits of circumstance it is recommended that a skilled New York mesothelioma lawyer should be consulted. They will look over the details of the case as well as any expert reports and other documentation, 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 assist their clients in this procedure. Asbestos law firms located across the country can assist their clients submit their claims to the most appropriate jurisdiction. This could include the State of New York, or a federal district court located in New York City.
Asbestos Disease Identification
Although asbestos is not 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 atmosphere when they deteriorate. They can be breathed in. These fibers are known to cause various lung diseases.
Lung diseases caused by asbestos exposure include mesothelioma and asbestosis and pleural disease. Inhaling asbestos fibers can trigger many symptoms, including chest pain, fatigue, and breath shortness. These symptoms may not appear for many years after asbestos exposure.
All forms of asbestos, including chrysotile can cause cancer in humans. Exposure to asbestos can cause lung cancer and larynx, as well as ovaries. It can also trigger a form of mesothelioma that develops in the tissues of body cavities, like those in the stomach, heart and tests. Mesothelioma can be difficult to identify, as it has a long latent period and a variety of symptoms that are similar with other conditions, such as sarcoidosis and rheumatoid arthritis.
People who are most likely to suffer asbestos-related illnesses are those who directly with asbestos or experienced significant environmental exposure. This includes boilermakers, construction workers, shipyard workers; railroad and U.S. Navy veterans; and those who participated in cleaning up following the Sept. 11 terrorist attacks. Some of the symptoms for the people who suffer from these conditions include breathing difficulties as well as chest pain and coughing.
A doctor can tell if an individual suffers from an asbestos-related illness by looking over a person's medical background, work and family history. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos. Patients with asbestosis are advised to have a lung function test. This will help assess their health. The test can identify asbestosis ' progression and also identify other health issues that could be connected to the condition. Asbestosis sufferers should receive regular vaccines to prevent other respiratory diseases such as psoriasis. The EPA offers a TSCA Hotline as and an asbestos Ombudsman who can provide additional information and assistance.
Asbestos Database Development
Asbestos is composed of fibrous minerals. It was extensively used for construction and industry due to its durability as well as its fire-repellant and corrosion resistance properties. The inhalation of asbestos particles, however, can cause a variety of medical issues, including mesothelioma (a cancer of the lungs and other organs) and chronic lung diseases, and other neurological problems. These illnesses may take 30 years or longer to appear.
In many asbestos cases there are multiple defendants and complex discovery. This can be difficult when the asbestos-related products involved in a case can't be identified. The ability to identify each item in an asbestos case requires the help of forensic experts, and the use of a wide range of investigative tools and methods such as interviews with former colleagues and other witnesses, subpoenaing work orders, invoices, delivery documents and other documents from employers, and taking samples from home and workplaces. It is also important to determine the type of asbestos, whether it's amosite or crysotile, or the crocidolite.
We have extensive experience defending asbestos-related businesses which includes product manufacturers, distributors, suppliers, and contractors. Our team has served as National Coordinating Counsel, Trial Counsel and Defense Counsel for a variety of asbestos litigation clients. We have represented clients across the United States. We also serve as Defense liaison counsel for several asbestos dockets in these states, where we manage the local and regional attorneys to ensure uniform and effective defense strategies and outcomes.
Our national strategy to manage the asbestos defense has been proven effective and, in multiple instances, has decreased legal costs by millions of dollars when compared to the costs companies were paying when they were being represented by other firms. Courts across the nation have recognized this unique and aggressive approach to managing asbestos cases.
We also have defended mass toxic tort suits filed against the producers of industrial, pharmaceutical and chemical compounds that are petrochemical in nature. These lawsuits are based on claims that exposure to these chemicals can cause diseases like restrictive and obstructive lung disorders as well as occupational asthma, cancers of all kinds, and other neurological conditions.
Medical Expert Witnesses
Expert medical witnesses in asbestos cases are vital in part because the signs of asbestos exposure may be misinterpreted as other ailments like emphysema, among others of lung carcinoma. It is crucial that attorneys have access to experts who can help differentiate the various diseases and explain how each illness is a result of different types of exposures.
The most reliable source of this evidence is found in the medical records of asbestos victims. X-rays, CT scans and biopsy samples are usually available to examination. To get the most value out of these data, medical experts must sort through the data and offer their views on probable causes, probabilities, and other issues.
Medical experts who provide testimony in asbestos cases have a great reputation and have been involved in dozens if not hundreds of cases. This reputation increases the credibility of these experts in the eyes the jury. These doctors have a lot of experience in preparing themselves to testify, so they know the best way to respond to questions from defendants and how to present the information to the court.
In addition to medical experts in addition, it is essential to have scientists be able to testify on the causes of asbestos diseases. It is not enough to prove that the mesothelioma sufferer is a victim. It must be shown that the asbestos victim exposed her to carcinogens and the reason smoking increases the risk of mesothelioma.
Expert witness fees can make up a large portion of the total costs of asbestos cases. This is why it is important for the attorney representing the client to be able choose and employ the most suitable expert witness for the case.
We represent material suppliers, product manufactures, distributors and premises owners in asbestos cases in the federal and state courts across the United States. Our team of highly experienced and dedicated lawyers is knowledgeable in asbestos litigation, both offensively and defensively. Contact us today for more information on what we can do to assist you.