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Asbestos Defense Litigation
Asbestos cases require diligent investigation of the victim's work history, identifying asbestos products, and locating potential defendants. This may involve collecting information from coworkers, family members, abatement workers, and analyzing records.
Cetrulo LLP has served as regional and national Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets, and work with local attorneys to develop an efficient, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is found in hundreds of building materials, including cement products, paints, flooring tiles, adhesive artex, insulation, and doors to name just a few. It can be very difficult to determine whether or not a material contains asbestos from its appearance by itself. A professional environmental surveyor is able to conduct an inspection to determine the presence of asbestos.
When asbestos fibres become airborne, they're small and light, which means they can travel long distances even through doors or windows. When they reach the lungs, they can cause serious health issues. Asbestos is dangerous if it is damaged and releases deadly fibres into the air. It is crucial to avoid removing or destroying building materials unless they have been properly labelled and accompanied by an inspection.
Due to the long time between exposure to asbestos and the development of disease it can be very difficult to obtain a meaningful information in an asbestos case. In addition there are a number of issues regarding the admissibility of plaintiffs' experts and testimony about the causal link between asbestos exposure and disease.
In these situations, asbestos defense lawyers can typically argue for summary judgement in the absence of a factual foundation. Consider, for instance, that plaintiff Paul was in a multi vehicle accident in New York City. However, he does not have information about the date and location of the accident, the cars involved or any other details which could be used to help to determine that defendant David is responsible for his injuries.
In this type of circumstance it is recommended that a skilled New York mesothelioma lawyer should be consulted. They will go through all facts and documents, including expert reports to determine if summary judgment is the appropriate solution. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients through this process. Asbestos law firms located across the country can assist their clients to file their claims in the best jurisdiction. This may include the State of New York or a federal court in New York City.
Asbestos Disease Identification
Although asbestos is no longer extracted or processed in the United States, it still is present in many buildings and products that were manufactured prior to 1989. These products can release fibers into the air when they begin to degrade. They can be inhaled. These fibers can cause a variety of types of lung disease.
Lung diseases related to asbestos exposure include the pleural disease (pleural plaques, thickening and effusions), asbestosis and mesothelioma. People who breathe in asbestos fibers may experience a variety of symptoms, including chest discomfort, fatigue, and breath shortness. Arvada asbestos lawsuit might not be apparent until years after exposure to asbestos.
All forms of asbestos, including chrysotile, are carcinogenic to humans. Exposure to asbestos causes lung cancer larynx, ovaries and larynx. It can also trigger mesothelioma which develops in the linings of body cavities, including those found in the stomach, the heart and the tests. Mesothelioma isn't easy to identify, as it has a long, latent period and a variety of symptoms that are similar with other diseases, like rheumatoid arthritis and sarcoidosis.
People who have worked with asbestos or have been exposed to significant environmental elements are the most at risk of developing asbestos-related ailments. This includes boilermakers, construction workers, shipyard workers, railroad and U.S. Navy veterans; and those who assisted with clean-up after the September. 11 terrorist attacks. Some of the symptoms of those who suffer from this condition include difficulty breathing, chest pain and coughing.
A doctor can determine if the patient suffers from an asbestos-related condition by reviewing the medical, work and family history. X-rays and CT scans can help confirm an asbestos-related illness. Patients with asbestosis are encouraged to have a lung function test. This will help monitor their condition. This test can detect asbestosis ' progression and also identify other health problems that may be associated with the disease. Asbestosis sufferers should be vaccinated regularly to prevent other respiratory illnesses like psoriasis. The EPA provides a TSCA Hotline and an Asbestos Ombudsman who can provide further information and help.
Asbestos Database Development
Asbestos is a class of fibrous minerals that was often used in industrial and construction settings due to its tough fire-resistant, fire-proof, and corrosion-resistant properties. Inhaling asbestos particles can trigger numerous medical issues such as mesothelioma, which is a cancer of the lungs and other organs, as well as neurological dysfunctions. These illnesses can take up to 30 years or more to be diagnosed.
In many asbestos cases, there are multiple defendants and a complex discovery. This can be a challenge when the asbestos products that are involved in a particular case cannot be identified. To identify each asbestos product the need for forensic experts along with various investigative methods and tools that include interviewing former coworkers, collecting invoices and delivery documents, and taking samples at home and at work. It is also essential to determine the type of asbestos, whether it's amosite, crysotile or crocidolite.
We have extensive experience defending asbestos-related companies, including distributors, manufacturers 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 defended companies in multiple jurisdictions throughout the country. We are also 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 and results.
Our national strategy for managing asbestos defense has proven effective and, in numerous instances, has decreased legal spend by millions of dollars in comparison to the costs companies were paying when they were being represented by other firms. Courts across the country have recognized our unique and aggressive approach in handling asbestos cases.
We are also experienced in the defense of massive toxic tort lawsuits brought against the manufacturers of pharmaceuticals and industrial chemicals and petrochemicals. These lawsuits stem from claims that exposure to these chemicals has caused diseases such as restrictive and obstructive lung diseases, occupational asthma, cancers of all kinds and other neurological disorders.
Medical Expert Witnesses
Medical expert witnesses are critical in asbestos cases, principally because the signs of asbestos exposure can be easily confused with other illnesses like emphysema and other types of lung cancer. It is vital that lawyers have access to these experts who can help distinguish the various types of diseases and demonstrate the way each disease is a result of different types exposures.
Medical records of asbestos victims are often the most reliable source for this proof. X-rays, CT scans and biopsy samples are typically available to examination. However, to get the most value from this information, it's 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 solid reputation and have been involved in dozens or even hundreds of cases. This credibility boosts the credibility of these experts to the jury. Additionally, the knowledge and experience of the doctors who prepare for testimony ensures that they are able to anticipate questions from the defense and know how to present their findings to the judge.
It is important to have both medical and scientific experts to testify about the various causes of asbestos-related diseases. It is not enough to prove that the victim suffers from mesothelioma. It has to be demonstrated how asbestos exposure exposed the plaintiff to carcinogens and why smoking increased the risk of mesothelioma.
Expert witness fees can make up a significant portion of the expenses associated with asbestos cases. This is the reason it is essential for a lawyer who is defending the case to be able to effectively find and select the best expert witness for the case.
We represent material suppliers, product manufactures distributors, premises owners and material suppliers in asbestos cases in state and federal courts across the United States. Our team of experienced and dedicated attorneys is well-versed in asbestos litigation, both offensively and defensively. Contact us to find out how we can assist you.