Asbestos Defense Litigation
Asbestos cases need to be thoroughly investigated. This includes identifying asbestos-related products and locating potential defendants. This may involve gathering information from coworkers, family members, abatement workers and reviewing records.
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 in order to create consistent, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is present in a variety of building materials, such as cement products, paints, and floor tiles. It is also found in adhesives, artex, doors, insulation, and adhesives. It can be very difficult to determine if the material is asbestos-free based on its appearance alone. The best method to detect asbestos' presence is to have an experienced environmental surveyor perform an inspection.
When asbestos fibres are airborne, they're small and light, which means they can travel for long distances even through closed doors or windows. When they reach the lungs, they can cause serious health issues. Asbestos becomes dangerous when it is damaged and releases deadly fibres into the air. It is vital to not remove or disturb building materials unless they have been properly labeled and accompanied by an inspection.
Due to the lengthy time between exposure and illness the process of obtaining evidence-based discovery in an asbestos lawsuit is extremely challenging. In addition there are significant issues related to the admissibility of plaintiffs' experts and testimony about the causal link between asbestos exposure and disease.
In these situations asbestos defense lawyers often argue for summary judgement based on the absence of factual basis. For instance, imagine that plaintiff Paul was in an accident involving multiple vehicles in New York City. He does not know the date, time, cars involved or any other details that could lead to the conclusion that defendant David was liable for his injuries.
In this type of circumstance it is recommended that a skilled New York mesothelioma lawyer should be consulted. They will review all the facts and documents, including expert reports to determine if a summary judgment is the right solution. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can assist their clients through this procedure. Asbestos firms who practice across the country 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 no longer mined in the United States. However, it is still found in the construction and other products manufactured before 1989. When these products deteriorate, they release tiny fibers into air that are inhaled by those in the vicinity. These fibers can cause a variety of kinds of lung diseases.
Lung diseases caused by asbestos exposure include mesothelioma and asbestosis and pleural disease. Inhaling these fibers can cause many symptoms, such as chest pain, fatigue, and a shortness of breath. These symptoms could not be noticed for many years after asbestos exposure.
All forms of asbestos, including chrysotile, are carcinogenic to humans. Exposure to asbestos can lead to cancers of the larynx, lungs, and ovaries. It can also cause a type of mesothelioma within the linings found in body cavities, such as the stomach, heart and the testes. Mesothelioma isn't easy to diagnose, since it has a lengthy latent period and has many symptoms that are comparable with other diseases, like sarcoidosis and rheumatoid arthritis.
Those who have worked with asbestos or have been exposed to significant environmental elements are at the highest risk of developing asbestos-related illnesses. This includes construction workers, boilermakers, and shipyard workers. Additionally, there are railroad and U.S. Navy vets and those who helped clean up after the terrorist attacks on September 11, 2001. Some of the symptoms of those who suffer from this condition include difficulty breathing, chest pain and coughing.
A doctor can determine if a patient is suffering from an asbestos-related disease by reviewing the person's medical background, work history and background of family members. X-rays and CT scans can confirm an asbestos-related illness. Patients diagnosed with asbestosis must have a yearly pulmonary function test to monitor the condition. This test can help detect asbestosis's progress and reveal other health problems that may be connected to the condition. Patients suffering from this condition must also be vaccinated regularly to avoid the onset of other respiratory diseases like psoriasis. The EPA provides a TSCA Hotline and an asbestos Ombudsman that can provide additional information and help.
Asbestos Database Development
Asbestos is composed of fibrous minerals. It was widely used in the construction and industry due to its durability, fire retardant and corrosion resistance properties. The inhalation of asbestos particles can cause a variety of medical problems including mesothelioma (a lung cancer and other organs) and chronic lung diseases, and other neurological problems. These diseases can manifest over a period of 30 years or more.
In many asbestos cases there are several defendants and complicated discovery. This can be difficult when the asbestos products that are involved in a particular case cannot be identified. The ability to identify each product in an asbestos case requires the help of forensic experts, as well as the use of a range of investigative tools and methods such as interviews with former coworkers and other witnesses, subpoenaing work orders, invoices, and delivery documents from employers, and taking samples from workplaces and at home. It is also necessary to determine the type of asbestos, whether it's amosite, crysotile or crocidolite.
We have extensive experience in defending companies in the asbestos industry, including distributors, manufacturers, suppliers, and 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 country. We also serve as defense liaison counsel for a variety of asbestos dockets in these states which we manage regional and local attorneys to ensure consistency and effective defense strategies as well as outcomes.
Our national strategy for managing asbestos defense has been successful and, in multiple instances, has reduced legal costs by millions of dollars when compared to what companies paid when they were being represented by other firms. Courts across the nation have recognized this unique and aggressive method of handling asbestos cases.
We have also defended mass toxic tort suits brought against the producers of pharmaceutical, industrial and petroleum chemical substances. These lawsuits are based upon the claim that exposure to these chemicals can cause ailments like occupational asthma and restrictive and obstructive pulmonary disorders, and a variety of neurological disorders.
Medical Expert Witnesses
Expert witnesses from medical experts are crucial in asbestos cases, principally because the signs of exposure to asbestos can be easily confused with other illnesses like emphysema and other types of lung cancer. It is vital that lawyers have access to experts who can help differentiate the different diseases and show how each illness is a result of different types of exposures.
Often, the best evidence for this is in the asbestos victim's medical records. X-rays can be found, as well as CT scans and biopsies. To make the most of this information, medical experts are required to sort through the data, and provide their opinions on probabilities, causes, 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. Their reputation boosts their credibility in the eyes of the jury. Furthermore, the experience of these doctors in preparing for testimonies is that they know how to anticipate questions from the defense and know how to provide evidence to the judge.
It is crucial that both scientists and medical experts to testify about the various causes of asbestos-related diseases. It is not enough to show that the patient has mesothelioma; it must be proven that the asbestos defendant exposed the plaintiff to the carcinogen and how smoking aggravated the risk of mesothelioma.
Expert witness fees can make up an important portion of costs associated with asbestos cases. This is why it is important for a lawyer who is defending the case to be able choose and employ the most suitable expert witness for the case.
We represent material suppliers, product manufactures distributors, and property owners in asbestos cases before federal and state courts throughout the country. Our team of knowledgeable and dedicated lawyers is knowledgeable in asbestos litigation, offensively and defensively. Contact us today to learn how we can assist you.