Ten Things You Need To Be Educated About Asbestos Litigation Defense
Asbestos Litigation Defense
The defense of companies against asbestos litigation requires a thorough analysis of the plaintiff's employment history, medical records and testimony. We typically use a bare metal defense that focuses on the fact that your company did not manufacture, sell, or distribute asbestos-containing products at issue in the claimant's lawsuit.
Asbestos cases require a distinctive approach and a tenacious approach to get results. We are local, regional and national counsel.
Statute of Limitations
The statute of limitations is a time limit within which the majority of lawsuits have to be filed. In asbestos cases, this means that the legal deadline for filing is between one and six years after a victim becomes diagnosed with an asbestos-related illness. In order to defend the case, it is important to prove that the alleged injury or death did occur within this deadline. Often, this means conducting a thorough review of the plaintiff's past work background, including interviews with former coworkers as well as the careful examination of Social Security, union, tax and other records.
The process of defending an asbestos case involves a number of complex issues. For instance, asbestos-related victims typically suffer from a less serious disease such as asbestosis before they are diagnosed with a fatal illness like mesothelioma. In these instances the defense attorney will argue that the time limit should be set when the victim was aware or should have reasonably believed that exposure to asbestos causes the disease.
These cases are made more complex due to the fact that the statute of limitations can vary from state to state. In these cases, a seasoned mesothelioma lawyer will attempt to file the case in a state where the majority of the exposure is believed to have taken place. This can be a daunting job, since asbestos victims typically travel around the country in search of jobs, and the alleged exposure could have occurred in several states.
Finally, the discovery process is difficult in asbestos litigation. In contrast to other personal injury cases, which often contain only a few defendants, asbestos-related litigation usually involves dozens or more parties. It is often difficult to obtain meaningful discovery when there are multiple defendants, and the plaintiff's case extends over a long period of time.
The McGivney, Kluger, Clark & Intoccia team has extensive experience serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with local and regional counsel to develop a strategy for litigation, manage local counsel and obtain consistent, cost-effective outcomes in accordance with client objectives. We frequently appear before the trial judge and coordinating judge, as also litigation masters across the nation.
Bare Metal Defense
In the past, producers of turbines, boilers, valves and pumps have defended themselves from asbestos lawsuits by asserting what is referred to as "bare metal" doctrine or component part doctrine. This defense holds that a manufacturer cannot be held responsible for asbestos-related injuries caused by replacement components that the company did not design or install.
In the case of Devries, an employee of a Tennessee Eastman chemical plant sued several equipment manufacturers to treat his mesothelioma. Plaintiff's work included the removal and replacement of insulation, steam traps, and gaskets from equipment such as valves, pumps, and steam traps. He claimed asbestos exposure occurred during his time at the plant and was diagnosed with mesothelioma years later.
The Supreme Court's Devries decision has altered the nature of asbestos litigation and may influence how courts in other jurisdictions tackle the issue of third-party parts that manufacturers add to equipment. The Court said that this use of the bare metal defense is "cabined" in maritime law, but left open the possibility for other federal circuits to apply this doctrine to cases that aren't maritime.
This ruling was the first time a federal appeals court used the defense of bare metal in a asbestos lawsuit and represents an important departure from the traditional product liability law. Most courts have interpreted this "bare metal" defense as a rejection of the obligation of a company to warn of the dangers caused by replacement parts it did not manufacture or sell.
The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients who are involved in multi-jurisdictional asbestos litigation. We assist our clients in developing litigation strategies, manage regional and local counsel, and ensure a consistent, cost-effective defense that aligns with their goals. Our lawyers are invited to speak at industry conferences on major issues that affect asbestos litigation. Our firm's experience includes defending clients across the nation and working closely with coordinating judges and trial courts, as well as special masters. Our unique approach has been successful in cutting down on our clients' exposure and legal costs.
Expert Witnesses
A person with specialized expertise, skills or experience is an expert witness. They provide impartial assistance to courts by offering an impartial opinion on issues within their area of expertise. He should be able to clearly express his opinions and the evidence or assumptions that he is basing it on. He should not overlook any aspects that might affect his conclusions.
In cases where asbestos exposure is alleged medical experts could be required to help evaluate the claimant's condition and to determine any causal connections between the condition and the identified source of exposure. Many of the illnesses associated with asbestos are very complicated, requiring the expertise of experts in the field. This includes nurses and doctors as well as toxicologists, pharmacists occupational health specialists, epidemiologists and pharmacists.
Whether it is the defense or prosecution, an expert's role is to provide impartial technical assistance. He is not expected to assume the role as an advocate and should not try to influence or convince the jury to favor his client. The duty to the court overrides the obligations he has to his client and he should not attempt to promote an argument or seek evidence to back it.
The expert should work with other experts to eliminate any peripheral issues and reduce any technical issues. The expert should also work with the people who instruct him in identifying areas of agreement and disagreement for the reason of the joint statement of experts ordered by the court.
The expert must at the conclusion of his examination chief, discuss his conclusions as well as the reasoning behind them in a manner that is clear and easy to comprehend. He should be able to answer questions posed by the judge or the prosecution, and be prepared to discuss all issues that were raised during cross-examination.
Cetrulo LLP is well versed in protecting clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our lawyers can counsel and manage national and regional defense counsel as well as regional and local experts and witnesses. Our team is regularly in front of the coordinating judges, trial judges and special masters in asbestos litigation across the country.
Medical Experts
Expert witnesses are extremely important in cases involving asbestos-related injuries due to the time lag between exposure to asbestos and the onset symptoms. Asbestos cases often involve complex theories of injuries that can span decades and involve dozens or hundreds of defendants. It is almost impossible for an individual to prove their case without the help of experts.
Experts in the field of medicine and other science are required to assess the extent of a person's exposure and medical condition as well as to provide information on future health issues. Experts like these are essential in any case and should be well-vetted and familiar with the subject matter. Deerfield Beach asbestos attorneys or scientific expert has the more persuasive they will be.
Asbestos cases often require an expert from a medical or scientific field to review the medical records of the claimant and conduct a physical exam. These experts can testify whether asbestos exposure caused a specific medical condition, like mesothelioma or lung cancer.
It may be necessary to seek out other experts, such as industrial hygienists to establish the existence of asbestos exposure levels. They can use advanced sampling techniques and analytical methods to determine the amount of asbestos in the air in a workplace or home and compare these to legal exposure standards.
These types of experts are also useful when defending companies who manufactured or distributed asbestos-related products as they are often capable of demonstrating that the levels of exposure of plaintiffs were lower than the legal limit and that there was no evidence of negligence on the part of the employer or the manufacturer's responsibility.
Other experts that could be involved in these instances are occupational and environmental experts. They can provide insights into the safety procedures which are in place at a particular work site or company, and how they relate to the liability of asbestos producers. They can be able to, for instance, prove that renovation materials disturbed in a remodel project may contain asbestos or that shaking clothing contaminated by asbestos can cause asbestos dust and asbestos fibers to escape.