5 Asbestos Defense Litigation Projects For Every Budget
Asbestos Defense Litigation
Asbestos cases require careful examination of the person who was injured's work history, identifying asbestos-related materials, and locating potential defendants. This could involve obtaining information from relatives, coworkers or abatement workers and analysing documents and other material.
Cetrulo LLP has served as national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets, and coordinate with local attorneys 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, adhesives, and doors. It can be very difficult to determine if an item is asbestos-free from its appearance only. The best way to identify the presence of asbestos is to have a certified environmental surveyor conduct an inspection.
Asbestos fibers are tiny and light, which means they can travel a considerable distance, even through closed doors or windows. When they reach the lungs, they can cause serious health problems. Asbestos is dangerous if it is damaged and releases harmful fibres into the air. This is why it's very important that building materials not be tampered with or removed without proper labeling and accompanied by an expert inspection.
Due to the long time between asbestos exposure and illness It is extremely difficult to obtain meaningful discovery in an asbestos action. There are also serious concerns regarding the admissibility of and testimony of plaintiffs' expert witnesses and the causal connection between exposure to asbestos and the development of disease.
In these kinds of situations asbestos defense lawyers are often able to argue for summary judgment due to the lack of a solid factual basis. Consider, for instance, that plaintiff Paul was involved in an accident involving multiple vehicles in New York City. He is not aware of the date, location the cars involved, or any other information that could be used to support a conclusion that defendant David was liable for his injuries.
A New York mesothelioma attorney with expertise in this field is recommended. They will go through all facts and documents, including any expert reports to determine if summary judgment is the right solution. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy are able to assist their clients with this process. Asbestos law firms across the country can assist their clients submit their claims to the best jurisdiction. This could be the State of New York or a federal court located in New York City.
Asbestos Disease Identification
Although asbestos is not being mined or processed in the United States, it still exists in buildings and products that were manufactured prior to 1989. These products release fibers into the atmosphere as they degrade. They can be inhaled. These fibers can cause several types of lung diseases.
Lung diseases caused by asbestos exposure include mesothelioma and asbestosis and pleural disease. Those who inhale these fibers can experience a range of 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, are carcinogenic for humans. Exposure to asbestos causes lung cancers and larynx, as well as ovaries. It can also trigger mesothelioma, a type of cancer that develops in the linings of body cavities, such as those in the stomach, the heart and the tests. Mesothelioma is difficult to diagnose because it has a long period of time and has symptoms with other conditions like rheumatoid arthritis and sarcoidosis.
People most likely to suffer asbestos-related diseases are those who have worked directly with asbestos or were exposed to a significant amount of environmental toxins. This includes boilermakers, construction workers and shipyard workers, railroad and U.S. Navy veterans; and those who helped with clean-up after the Sept. 11, 2001 terrorist attacks. They might experience chest pain, coughing, and breathing difficulties.
A doctor can determine if the patient suffers from an asbestos-related condition by reviewing a person's medical, work and family history. X-rays and CT scans can identify the presence of asbestos-related conditions. Patients suffering from asbestosis are advised to undergo a yearly lung function test. This can help assess their health. The test can identify asbestosis progression and identify other health issues that could be associated with the disease. Patients with asbestosis should also be vaccinated regularly to prevent other respiratory diseases like psoriasis. The EPA has a TSCA Hotline as well as an Asbestos Ombudsman who can provide more information and support.
Asbestos Database Development
Asbestos is made up of fibrous minerals. It was widely used for construction and industry because of its durability as well as its fire-repellant and corrosion resistance properties. Asbestos particles inhalation can cause a variety medical problems such as mesothelioma, which is lung cancer and other organs, as well as neurological problems. These conditions can manifest for in 30 years or more.
In many asbestos cases there are several defendants and a complex discovery. This can be difficult when the asbestos materials involved in a case cannot be identified. To determine the asbestos products involved, forensic experts are needed in addition to various investigative methods and tools, such as 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.
We have a wealth of experience in defending asbestos-related companies including product manufacturers, distributors suppliers, contractors, and contractors. Our team has been the National Coordinating Counsel and Trial Counsel for a number of asbestos litigation clients and has defended the companies in a variety of jurisdictions across the United States. We are also Defense Liaison Counsel for a number of these states' asbestos dockets where we manage local and regional counsel to ensure consistent and cost-effective defense strategies as well as outcomes.
when asbestos litigation filed to managing asbestos defense has proven efficient. In multiple instances it has cut legal costs by millions of dollars when contrasted with the amount that companies paid to other firms. This unique and abrasive approach to managing asbestos cases has been praised by courts across the nation.
We are also experienced in defending mass toxic tort lawsuits brought against pharmaceutical companies and industrial chemicals and Petrochemicals. These lawsuits stem from the claim that exposure to these chemicals has caused illnesses such as occupational asthma, restrictive and obstructive pulmonary disorders, and other neurological disorders.
Medical Expert Witnesses
Medical expert witnesses are critical in asbestos cases, primarily because the symptoms of exposure to asbestos can be easily confused with other conditions such as emphysema or other forms of lung cancer. It is important for attorneys to have access to experts in these fields to assist in identifying the various types of illnesses and show the causes of each disease by different kinds of exposures.
Medical records of asbestos victims are often the most reliable source of this evidence. X-rays are available and can be accessed through CT scans and biopsies. To get the most value out of this information, medical experts must sort through the data and offer their opinion on the possible causes, probabilities and other issues.
Medical experts who testify in asbestos cases have a great reputation and have been involved in dozens if not hundreds of cases. This credibility increases their credibility before jurors. Furthermore, the experience of these doctors in preparing for testimonies means that they know how to anticipate questions from the defense and how to provide evidence to the court.
It is crucial that both medical and scientific experts to testify about the various causes of asbestos-related diseases. It is not enough to show that the victim has mesothelioma. It must be proven that asbestos exposure exposed the plaintiff to carcinogens and how smoking aggravated the risk of mesothelioma.
Expert witness fees can make up an enormous portion of total costs of an asbestos case. This is the reason it is essential for the attorney representing the client to be able to efficiently find and select the best expert witness for a particular case.
At Swartz Campbell, we counsel material suppliers, product manufacturers, distributors, premises owners, employers and other defendants in asbestos cases in both state and federal courts across the country. Our team of committed and experienced attorneys are well-versed both defensively and offensively in asbestos litigation. Contact us today to learn how our firm can assist you.