Asbestos Defense Litigation 101:"The Ultimate Guide For Beginners
Asbestos Defense Litigation
Asbestos cases need to be thoroughly investigated. This includes identifying asbestos products and finding potential defendants. This may involve gathering information from relatives, coworkers or abatement workers and analyzing records and 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 the same, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is present in a variety of building materials, including cement products, paints, floor tiles, adhesives artex, insulation, and doors to mention a few. It is extremely difficult to determine whether or not the material is asbestos-free based on its appearance by itself. The most effective method to determine asbestos's presence is to have a certified environmental surveyor perform an inspection.
Asbestos fibers are tiny and light, meaning they can travel for a long distance even through closed doors and windows. Once they reach the lungs they can cause serious health issues. Asbestos can be dangerous when it is damaged and releases harmful fibres into the air. It is vital to not remove or disturb building materials unless they've been properly labeled and supported by an inspection.
Due to the long time between exposure to asbestos and the development of disease, it is very difficult to obtain meaningful discovery in an asbestos action. Additionally, there are significant concerns regarding the admissibility of plaintiffs' experts and their testimony regarding the causal link between asbestos exposure and diseases.
In these instances, asbestos defense lawyers can typically argue for summary judgement based on the absence of a factual foundation. For instance, imagine that plaintiff Paul was involved in a multi-vehicle accident in New York City. He doesn't know the date, location, cars involved or any other information that could support a conclusion that defendant David was liable for his injuries.
In this type of situation in this type of situation, a seasoned New York mesothelioma lawyer should be consult. They will review all the facts and documents, including any expert reports to determine if summary judgment is the best 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 across the country can help their clients file their claims in the best jurisdiction. This could include the State of New York or a federal court in New York City.
Asbestos Disease Identification
Although asbestos is not mined or processed in United States, it still exists in buildings and products that were produced prior to 1989. When these products deteriorate, they release tiny fibers into the air that are inhaled by those who are nearby. These fibers can cause several types of lung disease.
Lung diseases resulting from asbestos exposure include pleural disease (pleural plaques, thickening, and effusions) asbestosis, mesothelioma, and asbestosis. The people who breathe in these fibers can experience a range of symptoms such as chest pain, fatigue, and shortness of breath. These symptoms could not manifest until years after a person is exposed to asbestos.
All forms of asbestos, including chrysotile, are carcinogenic to humans. Exposure to asbestos can cause cancers of the lung larynx, ovaries and larynx. It also can cause mesothelioma, a type of cancer that develops in the linings of body cavities, including those in the stomach, heart and testes. Mesothelioma can be difficult to diagnose, since it has a long latent period and has many symptoms that are comparable with other conditions, such as rheumatoid arthritis and sarcoidosis.
The most likely to develop asbestos-related diseases are those who have worked directly with the material or experienced significant environmental exposure. This includes construction workers, boilermakers and shipyard workers, railroad and U.S. Navy veterans; and those who helped with cleanup following the September. 11, 2001 terrorist attacks. Some of the symptoms for those who suffer from this condition include difficulty breathing, chest pain and coughing.
A doctor can tell if a patient has an asbestos-related disease by reviewing the medical history, work and family histories. X-rays and CT scans can confirm an asbestos-related condition. Patients with asbestosis are advised to have a lung function test. This will help keep track of their condition. This test can detect asbestosis's progress and reveal other health issues that could be associated with the disease. Asbestosis sufferers should be vaccinated regularly to prevent other respiratory diseases such as psoriasis. The EPA offers an TSCA Hotline and an Asbestos Ombudsman who can provide additional information and help.
Asbestos Database Development
Asbestos is a group of fibrous minerals which was often used in construction and industrial settings due to its tough fire-resistant, fire-proof, and corrosion-resistant properties. Inhaling asbestos particles, however, can lead to a variety of medical problems including mesothelioma (a lung cancer and other organs), chronic lung diseases, as well as other neurological disorders. These conditions can take 30 years or more to be diagnosed.
In many asbestos cases there are multiple defendants and complicated discovery. This can be a challenge when the asbestos products involved in a case cannot be identified. The ability to determine the exact type of asbestos in an asbestos case requires the assistance of forensic experts, and the use of a array of investigative tools and methods, such as interviews with former colleagues and other witnesses, subpoenaing work orders, invoices, and delivery papers from employers, and taking samples from home and workplaces. The type of asbestos -amosite, chrysotile or crocidolite, must be identified as well.
We have extensive experience defending companies in the asbestos industry which includes product manufacturers, distributors suppliers, contractors, and contractors. Our team has acted as National Coordinating Counsel, Trial Counsel, and Defense Counsel for many clients involved in asbestos litigation. We have represented clients in multiple jurisdictions across the country. We are also Defense Liaison Counsel to several of the states' asbestos dockets, which we manage local and regional counsel to ensure consistency and cost-effective defense strategies and results.
Our national approach to managing asbestos defense has proven to be efficient. In numerous instances it has reduced legal costs by millions of dollars when contrasted to the amount that corporations pay to other companies. Courts across the nation have recognized our unique and aggressive approach to managing asbestos cases.
We also have experience defending mass toxic tort lawsuits brought against manufacturers of pharmaceutical and industrial chemicals and Petrochemicals. These lawsuits are based on the claim that exposure to these chemicals can cause ailments like occupational asthma as well as restrictive and obstructive lung disorders, and a variety of neurological conditions.
Medical Expert Witnesses
Expert witnesses from medical experts are crucial in asbestos cases, principally because the symptoms of exposure to asbestos are easily confused with other illnesses like emphysema and other forms of lung cancer. It is vital that lawyers have access to experts who can help differentiate the various diseases and explain the way 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 available as are CT scans and biopsies. However, in order to get the most benefit from the information available, it is important to have medical experts who can sift through the information and make a decision on the probabilities, causation, and other issues.
Medical experts who testify in asbestos cases have a good reputation and have been involved in dozens if not hundreds of cases. This credibility increases their credibility before jurors. These doctors have a lot of experience in preparing to be witnesses, and they know how to answer questions from defendants and how to present the information to the judge.
It is important to have experts from both the scientific and medical fields present their opinions on the various causes of asbestos disease. It is not sufficient to prove that the victim has mesothelioma. It is necessary to prove that the asbestos victim exposed her to the carcinogen and the reason smoking increases the risk of mesothelioma.
Expert witness fees can make up a significant portion of the costs in asbestos cases. Therefore, it is crucial that the defense attorney is capable of quickly identifying and choose the best expert witness for the particular case.
At Swartz Campbell, we counsel material manufacturers, suppliers, distributors, premises owners, employers and other defendants in asbestos cases in federal and state courts across the country. Shreveport asbestos lawsuit of highly experienced and dedicated lawyers is knowledgeable in asbestos litigation, offensively and defensively. Contact us today to find out how we can help you.