Asbestos Defense Litigation
Asbestos cases require a thorough investigation of the victim's work background, identifying asbestos-related products, and finding potential defendants. This could involve obtaining information from relatives, coworkers or abatement workers and studying documents and other materials.
Cetrulo LLP has served as the national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and collaborate with local counsel to achieve 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 a few. It can be very difficult to determine whether or not a material contains asbestos from its appearance alone. The best method to detect asbestos' presence is to have a professional environmental surveyor perform an inspection.
Asbestos fibres are small and light, which means they can travel a long distance, even through closed doors or windows. When they reach the lungs they can cause the development of serious health conditions. Asbestos is the most hazardous when it becomes damaged, releasing deadly fibres into the air. It is vital to avoid removing or destroying construction materials unless they've been properly labeled and supported by an inspection.
Due to the lengthy time between exposure and illness, obtaining meaningful 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 situations asbestos defense lawyers often argue for summary judgement based on the absence of a factual foundation. Imagine, for example, that plaintiff Paul was involved in a multi-vehicle accident in New York City. He does not know the date, location the cars involved, or any other information that could support a conclusion that defendant David was responsible for his injuries.
A New York mesothelioma attorney with experience in this field 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 like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients through this process. Asbestos law firms that are nationwide can assist their clients in filing their claims in the most appropriate jurisdiction. This could include the State of New York, or a federal district court in New York City.
Asbestos Disease Identification
Asbestos is not being mined in the United States. However, Pearland asbestos attorney can still be present in products and buildings manufactured before 1989. These products release fibers into the air as they degrade. They can be inhaled. These fibers can cause several 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 various symptoms, such as chest pain, fatigue, and breath shortness. These symptoms could not be noticed for decades after an asbestos exposure.
All forms of asbestos including chrysotile are carcinogenic for humans. Exposure to asbestos can cause cancers of the lung, larynx and ovaries. It can also cause a type of mesothelioma in the linings found in body cavities such as the stomach, the heart and tests. Mesothelioma can be difficult to diagnose, since it has a long, latent period and many similar symptoms with other diseases, like rheumatoid arthritis and sarcoidosis.
Those who have worked with asbestos or have been exposed to significant environmental factors are at greatest risk of developing asbestos-related ailments. This includes construction workers, boilermakers and shipyard workers, railroad and U.S. Navy veterans; and those who helped with clean-up following the September. 11, 2001 terrorist attacks. Some of the symptoms of the people who suffer from these conditions include breathing difficulties coughing, chest pain and chest pain.
A doctor can determine if a patient is suffering from an asbestos-related disease by reviewing the person's medical background, work history, and family history. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos-related illness. Patients diagnosed with asbestosis must undergo a yearly pulmonary function test to monitor the condition. This test can detect the progress of asbestosis and determine other health issues that may be related to this condition. Patients suffering from this condition should also receive regular vaccinations to prevent the onset of other respiratory diseases like psoriasis. The EPA has a TSCA Hotline as and an asbestos Ombudsman who can provide additional information and help.
Asbestos Database Development
Asbestos is one of the fibrous minerals that were once widely used in industrial and construction settings due to its long-lasting fire-resistant, fire-proof, and corrosion-resistant properties. Inhaling asbestos particles can cause a variety medical problems such as mesothelioma, which is lung cancer as well as other organs, and neurological disorders. These illnesses can be seen for 30 years or longer.
Many asbestos cases involve multiple defendants and involve complex discovery which is often hampered because of a failure to identify the correct asbestos products involved in each case. The ability to identify each product in an asbestos case requires the help of forensic experts as well as the use of a variety of investigative tools and methods such as interviews with former colleagues and other witnesses as well as subpoenaing work order invoices, delivery documents and other documents from employers, and collecting samples from both workplaces and homes. The type of asbestos- amosite, chrysotile, or crocidolite -- should be identified as well.
We have extensive experience in defending companies involved in the asbestos industry. This includes manufacturers of products distributors, suppliers, and manufacturers as well as contractors. Our team has acted as National Coordinating Counsel, Trial Counsel, and Defense Counsel for a variety of asbestos litigation clients. We have represented clients in multiple jurisdictions throughout the country. We also serve as Defense liaison counsel for several asbestos dockets across these states, where we manage the regional and local attorneys to ensure consistency and efficient defense strategies and outcomes.
Our national strategy for managing asbestos defense has been proved to be effective and, in numerous instances, has decreased legal spend by millions of dollars compared to what companies were paying when they were being represented by other firms. The courts across the country have recognized our unique and aggressive method of handling asbestos cases.
We have also defended mass toxic tort suits filed against the producers of industrial, pharmaceutical and chemical compounds that are petrochemical in nature. These lawsuits stem from claims that exposure to these substances can cause diseases like restrictive and obstructive lung conditions as well as occupational asthma, cancers of different types, and other neurological conditions.
Medical Expert Witnesses
Medical expert witnesses in asbestos cases are essential due to the fact that many signs of asbestos exposure can be confused with other conditions such as emphysema or other forms of lung carcinoma. It is crucial that attorneys have access to experts who can help differentiate the different diseases and show how each disease is the result of different types exposures.
The most reliable source of this evidence is in the medical records of asbestos victims. X-rays, CT scans and biopsy samples are often available for examination. However, in order to get the most benefit from this information, it is essential to have medical professionals who are able to analyze the data and opine about probabilities, causation and other issues.
Medical experts who provide testimony in asbestos cases have a good reputation and have been involved in dozens, if not hundreds of cases. This reputation increases the credibility of these experts in the eyes of the jury. They have a lot of experience when it comes to preparing to testify, so they know the best way to respond to questions from defendants and how to present the information to the judge.
It is crucial that both medical and scientific experts to testify about the various causes of asbestos disease. It is not enough to prove that a victim has mesothelioma. It must be shown that the asbestos victim exposed her to carcinogens, and why smoking increases the risk of mesothelioma.
Expert witness fees can constitute an important portion of costs associated with asbestos cases. This is the reason it is essential for a lawyer who is defending the case to be able find and select the best expert witness for a given case.
We represent material manufacturers, suppliers of products, distributors and premises owners in asbestos cases in state and federal courts across the country. Our team of committed and experienced lawyers are adept both defensively and offensively in asbestos litigation. Contact us today to learn how we can assist you.