Asbestos Defense Litigation

Asbestos cases need to be thoroughly examined. This involves identifying asbestos-containing products and locating potential defendants. This can include obtaining information from relatives, coworkers members, abatement workers and analyzing documents.

Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets, and coordinate with local attorneys to achieve an efficient, cost-effective defense strategies.

Asbestos Product Identification

Asbestos can be found in a myriad of building materials -- cement products, paints floor tiles, adhesives, artex, insulation and doors to name just some. It can be very 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.

When asbestos fibres are airborne, they are very small and light - meaning they can travel for long distances even through windows or doors. Once they reach the lungs they can trigger the development of serious health conditions. Asbestos can be dangerous when it is damaged and releases harmful fibers into the air. This is why it's very important that building materials don't be disturbed or removed unless they are properly labeled and followed by a professional inspection.

Due to the lengthy time between exposure and disease finding meaningful evidence in an asbestos case is extremely challenging. There are other significant issues regarding the admissibility and credibility of plaintiffs' expert witnesses and the causal connection between exposure to asbestos and diseases.

In these types of cases asbestos defense lawyers are often able to argue for summary judgement in the lack of a solid factual basis. Imagine, for example, Asbestos Defense Litigation that plaintiff Paul was involved in a multi-vehicle accident in New York City. He is not aware of the date, location, cars involved or any other information that could lead to the conclusion that defendant David was responsible for his injuries.

A New York mesothelioma attorney with expertise in this field is recommended. They will look over the details of the case as well as any expert reports and other documentation to determine if summary judgment is the right remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients through this process. Asbestos law firms that are nationwide can also assist their clients with filing their claims in the most appropriate jurisdiction. This may include the State of New York or a federal court in New York City.

Asbestos Disease Identification

Asbestos is not mined anymore in the United States. However, it is still present in products and buildings that were manufactured prior to 1989. As these products degrade they release tiny fibers into air that can be breathed in by those who are nearby. These fibers can cause many lung illnesses.

Lung diseases resulting from asbestos exposure include the pleural diseases (pleural plaques, thickening, and effusions) asbestosis, mesothelioma, and asbestosis. People who breathe in asbestos fibers may experience a variety of symptoms, including chest pain, fatigue and breath shortness. These symptoms might not show up until decades after exposure to asbestos.

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 cause a type of mesothelioma within the linings that line body cavities like the stomach, heart and the testes. Mesothelioma isn't easy to diagnose, since it has a long, latent period and has many symptoms that are comparable with other conditions, such as sarcoidosis and rheumatoid arthritis.

People who are most likely to suffer from asbestos-related diseases are those who have worked directly with asbestos or were exposed to a significant amount of environmental toxins. These include boilermakers, construction workers, shipyard workers, railroad and U.S. Navy veterans; and those who participated in cleaning up after the September. 11 terrorist attacks. Some of the symptoms for the people who suffer from these conditions include breathing difficulties, chest pain and coughing.

A doctor can determine if a patient has an asbestos-related disease by reviewing the patient's medical, work and family history. X-rays and CT scans can help confirm the presence of asbestos-related conditions. Patients suffering from asbestosis are advised to have a lung function test. This can help assess their health. The test can identify asbestosis ' progression and also identify other health problems that may be associated with the disease. Patients suffering from asbestosis should get regular vaccinations to avoid other respiratory diseases like psoriasis. The EPA has a TSCA Hotline as well as an asbestos Ombudsman who can provide more information and assistance.

Asbestos Database Development

asbestos law and litigation is made up of fibrous minerals. It was extensively used for construction and industry due to its strength as well as its fire-repellant and corrosion resistance properties. The inhalation of asbestos particles, however, can cause a variety of medical problems including mesothelioma (a lung cancer and other organs) as well as chronic lung diseases, and other neurological disorders. These conditions can take up to 30 years or more to be diagnosed.

In many asbestos cases there are multiple defendants and complex discovery. This can be a challenge when the asbestos-related products that are involved in a particular case cannot be identified. To identify each asbestos product, forensic experts are needed in addition to various investigative tools and methods that include interviewing former colleagues, obtaining invoices and delivery documents and taking samples at home and work. The type of asbestos -amosite, chrysotile or crocidolite -- should be identified as well.

We have a vast amount of experience protecting companies in the asbestos industry. This includes product manufacturers distributors, suppliers, and manufacturers as well as contractors. Our team has acted as National Coordinating Counsel, Trial Counsel and Defense Counsel for numerous asbestos litigation clients. We have represented clients in multiple jurisdictions across the United States. We are also Defense liaison counsel for various asbestos dockets in these states where we manage the local and regional attorneys to ensure consistency and effective defense strategies and outcomes.

Our national strategy to manage the asbestos defense has been proven effective and, in a number of instances, has reduced legal spend by millions of dollars when compared to what companies paid when they were being represented by other firms. This unique and aggressive approach to managing asbestos litigation paralegal cases has been acknowledged by courts across the nation.

We also have defended mass toxic tort suits filed against manufacturers of pharmaceutical, industrial and chemical compounds that are petrochemical in nature. These lawsuits are based on assertions that exposure to these chemicals can cause diseases like occupational asthma, restrictive and obstructive pulmonary disorders, as well as other neurological conditions.

Medical Expert Witnesses

Expert medical witnesses in asbestos cases are crucial, mainly because many symptoms of asbestos exposure may be confused with other conditions such as emphysema or other forms of lung cancer. It is crucial that attorneys have access to experts who can help differentiate the different diseases and show how each disease is a result of different types of exposures.

Often, the best source of this evidence is in the asbestos victim's medical records. X-rays are readily available as are CT scans and biopsies. However, in order to get the most value from this information, it is necessary to have medical experts who can sift through the information and offer opinions on probabilities, causation and other issues.

The medical experts involved in asbestos litigation meaning cases are generally well-known and have testified in dozens or even hundreds of other cases. This credibility increases the credibility of these experts in the eyes of the jury. These doctors have a great deal of experience in preparing themselves to testify, and therefore they know how best to answer questions from the defendants and how to present the evidence to the court.

In addition to medical experts It is also essential to have scientific experts to be able to testify on the causes of asbestos-related illnesses. It is not enough to prove that a mesothelioma sufferer is a victim. It must be shown that the asbestos victim exposed her to the carcinogen and how smoking can increase the risk of mesothelioma.

Expert witness fees can be a substantial portion of expenses in asbestos cases. Therefore, it is crucial that a defense attorney be able to quickly identify and hire the best expert witness for any given case.

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