Asbestos Defense Litigation 101"The Ultimate Guide For Beginners
Asbestos Defense Litigation
Asbestos cases need to be thoroughly examined. This includes identifying asbestos products and locating potential defendants. This can include obtaining information from relatives, coworkers members, abatement workers, and reviewing the records.
Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets, and coordinate with local attorneys to develop the same, 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 mention the most common. It can be very difficult to determine if an item is asbestos-free from its appearance alone. The most effective method to determine asbestos's presence is to have a professional environmental surveyor perform an inspection.
When asbestos fibres are airborne, they are very tiny and light, meaning they can travel for long distances even through closed doors or windows. When they reach the lungs, they can trigger the development of serious health conditions. Asbestos is the most hazardous when it becomes damaged and releases harmful fibres into the air. This is why it's crucial that building materials never be removed or disturbed without proper labeling and followed by an expert inspection.
Due to the long time between exposure and disease, obtaining meaningful discovery in an asbestos lawsuit is extremely difficult. There are also significant issues regarding the admissibility and credibility of expert witnesses for plaintiffs and the causal link between exposure to asbestos and diseases.
In these types of situations asbestos defense lawyers are often able to successfully argue for summary judgement based on the absence of a factual foundation. Consider, for instance, that plaintiff Paul was involved in an accident involving multiple vehicles in New York City. However, he has no information regarding the date and location of the accident, the cars involved or any other details that might help to determine that defendant David is responsible for his injuries.
A New York mesothelioma attorney with experience in this field should be consulted. They will analyze the details of the case as well as any expert reports or other documentation, to determine whether or not summary judgment is an appropriate remedy. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can assist their clients with this procedure. Asbestos firms who practice across the country can also assist their clients with filing their claims in the most advantageous jurisdiction. This could include the State of New York, or a federal district court in New York City.
Asbestos Disease Identification
Although asbestos is not being mined or processed in United States, it still is present in many buildings and products that were made prior to 1989. These products can release fibers into the atmosphere as they degrade. They can be inhaled. These fibers can trigger a variety of types of lung disease.
Lung diseases that result from asbestos exposure include mesothelioma, asbestosis and pleural disease. Inhaling asbestos fibers can trigger various symptoms, including chest pain, fatigue and shortness of breathe. These symptoms may not be apparent until years after a person is exposed to asbestos.
All forms of asbestos, including chrysotile, are carcinogenic for humans. Exposure to asbestos causes cancers of the lung larynx, ovaries and larynx. It can also cause mesothelioma which develops in the interior of body cavities, including those in the stomach, heart and testes. Mesothelioma is difficult to diagnose because it has a long period of time and has symptoms with other diseases, such as rheumatoid arthritis and sarcoidosis.
Those who have worked with asbestos or have been exposed to significant environmental elements are the most at risk of developing asbestos-related diseases. This includes construction workers, boilermakers, and shipyard workers. Also included are railroad and U.S. Navy vets and those who assisted in cleaning up after the terrorist attacks of September 11, 2001. Some of them might suffer from chest pain, coughing, and breathing difficulties.
A doctor can determine whether the patient suffers from an asbestos-related illness by looking over the medical history, work and family histories. X-rays and CT scans can help confirm the presence of asbestos-related conditions. Patients with asbestosis are advised to have a lung function test. This test will allow them to monitor their condition. The test will help detect the progression of asbestosis and determine other health issues that could be associated with this disease. Asbestosis sufferers should receive regular vaccines to prevent other respiratory illnesses like psoriasis. The EPA has a TSCA Hotline as and an asbestos Ombudsman who can provide additional information and assistance.
Asbestos Database Development
Asbestos is comprised of fibrous minerals. It was extensively used for construction and industry because of its durability as well as its fire-repellant and corrosion resistance properties. Inhaling asbestos particles can cause a variety medical problems that include mesothelioma which is lung cancer, other organs, and neurological dysfunctions. These diseases can manifest in 30 years or more.
Many asbestos cases are multi-defendant and require a complex investigation that is often complicated because of a failure to identify the proper asbestos products involved in every case. The ability to identify each item in an asbestos case requires the assistance of forensic experts, and the use of a variety of investigative tools and methods such as interviews with former co-workers and other witnesses as well as subpoenaing work order invoices, and delivery documents from employers, and collecting samples from home and workplaces. It is also essential to determine the type of asbestos, such as it's amosite, crysotile, or crocidolite.
We have a vast amount of experience defense of companies that are involved in the asbestos industry. Cleveland asbestos attorney 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 many clients involved in asbestos litigation. We have defended companies across the United States. We are also Defense Liaison Counsel for several of these states' asbestos dockets which we manage local and regional counsel to ensure uniform and cost-effective defense strategies as well as results.
Our national strategy to manage the asbestos defense has successful and, in a number of instances, has reduced legal expenses by millions of dollars when compared to the costs companies paid when being represented by other firms. The courts across the country have recognized this unique and aggressive method of handling asbestos cases.
We have also defended massive toxic tort suits brought against the manufacturers of pharmaceutical, industrial and petroleum chemical substances. These lawsuits are based on claims that exposure to these chemicals causes diseases like restrictive and obstructive lung diseases and occupational asthma, as well as cancers of different types and a variety of neurological conditions.
Medical Expert Witnesses
Expert witnesses from medical experts are crucial in asbestos cases, mostly because the signs of exposure to asbestos are easily confused with other illnesses like emphysema and other forms of lung cancer. It is essential that lawyers have access to experts who can help distinguish the different diseases and show how each disease is a result of different types exposures.
The most reliable evidence for this is the medical records of asbestos victims. X-rays, CT scans and biopsy samples are usually available for review. To make the most out of these data, medical experts are required to sort through the data, and provide their views on probable causes, probabilities, and other issues.
The medical experts involved in asbestos cases are usually very well-known and have testified in dozens, or even hundreds of other cases. This credibility boosts the credibility of these experts to the jury. Furthermore, the experience of these doctors in preparing for testimony ensures that they are able to anticipate questions from the defense and how to present information 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 sufficient to prove that the mesothelioma patient is in fact diagnosed. It is necessary to prove that the asbestos victim exposed her to carcinogens, and why smoking increases the risk of mesothelioma.
Expert witness fees can constitute a significant portion of the expenses associated with asbestos cases. Therefore, it is crucial that a defense attorney is able to quickly identify and hire the best expert witness for a particular case.
At Swartz Campbell, we counsel material manufacturers, suppliers distributors, premises owners employers, employers and other defendants in asbestos cases in federal and state courts across the nation. Our team of highly experienced and dedicated lawyers is knowledgeable in asbestos litigation, offensively and defensively. Contact us today to learn how we can help you.