The Best Asbestos Defense Litigation Gurus Are Doing Three Things
Asbestos Defense Litigation
Asbestos cases need to be thoroughly examined. This includes identifying asbestos-related products and locating potential defendants. This can include collecting information from coworkers, family members, abatement workers, and reviewing the records.
Cetrulo LLP has served as regional and national 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 can be present in a variety of building materials, including cement products, paints and floor tiles. It can also be found in artex, adhesives, doors, insulation, and adhesives. It is hard to determine if a material contains or does not contain asbestos simply by looking at it. The best method to detect asbestos's presence is to have a certified environmental surveyor conduct an inspection.
When asbestos fibres are airborne, they're tiny and light, meaning they can travel long distances, even through closed doors or windows. Once they reach the lungs they can cause the formation of serious health issues. Asbestos can be dangerous when it is damaged and releases deadly fibers into the air. It is vital to avoid removing or destroying building materials unless they have been properly labeled and accompanied by an inspection.
Due to the long time between asbestos exposure and illness, it is very difficult to obtain a meaningful discovery in an asbestos action. Additionally there are a number of issues related to the admissibility of experts from plaintiffs and their testimony regarding the causal link between asbestos exposure and disease.
In these kinds of situations asbestos defense lawyers are often able to successfully argue for summary judgment in the lack of a solid factual basis. For instance, imagine that plaintiff Paul was involved in a multi-vehicle crash in New York City. He is not aware of the date, location the cars involved, or any other information that could lead to the conclusion that defendant David was liable for his injuries.
A New York mesothelioma attorney with experience in this area should be consulted. They will review all the facts and documents, including expert reports to determine if a summary judgment is the appropriate solution. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can assist their clients in this procedure. Asbestos law firms across the country can assist their clients file their claims in the best jurisdiction. This could be the State of New York, or a federal district court located in New York City.
Asbestos Disease Identification
Asbestos is no longer mined in the United States. However, it can still be found in the construction and other products manufactured before 1989. These products release fibers into the atmosphere as they degrade. They can be inhaled. These fibers are known to cause various lung illnesses.
Lung diseases related to asbestos exposure include pleural disease (pleural plaques, thickening, and effusions) asbestosis, mesothelioma, and asbestosis. The people who breathe in these fibers may experience a variety of symptoms, including chest pain, fatigue, and breath shortness. These symptoms could not show up until decades after exposure to asbestos.
All forms of asbestos including chrysotile, are carcinogenic to humans. Exposure to asbestos causes cancers of the lung larynx, ovaries and larynx. It can also trigger a type of mesothelioma in the linings found in body cavities, such as the stomach, the heart and testes. Mesothelioma can be difficult to recognize, as it has a long latent period and a variety of symptoms that are similar with other diseases, like rheumatoid arthritis and sarcoidosis.
Kenosha asbestos lawyers to suffer from asbestos-related illnesses are those who directly with the material or had exposure to significant environmental hazards. These include boilermakers, construction workers, shipyard workers; railroad and U.S. Navy veterans; and those who participated in cleanup following the September. 11, 2001 terrorist attacks. Some of the symptoms of these people include breathing difficulty, chest pain and coughing.
A doctor can determine whether the patient suffers from an asbestos-related condition by reviewing the patient's medical background, work and family history. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos. Patients who are diagnosed with asbestosis should be yearly tested for lung function test to check the condition. This test can detect the progress of asbestosis and detect other health issues that may be associated with this disease. Patients suffering from asbestosis should also receive regular vaccinations to prevent the onset of other respiratory illnesses, such as psoriasis. The EPA offers an TSCA Hotline and an Asbestos Ombudsman that can provide additional information and help.
Asbestos Database Development
Asbestos is one of the fibrous minerals which was extensively employed in industrial and construction settings due to its long-lasting, fire retardant, and corrosion resistant properties. Inhaling asbestos particles, however, can cause a range of medical issues, including mesothelioma (a lung cancer and other organs) and chronic lung diseases, as well as other neurological problems. These conditions can manifest for over a period of 30 years or more.
In many asbestos cases there are several defendants and complicated discovery. This is often complicated when the asbestos products involved in a case can't be identified. To identify each asbestos product the need for forensic experts in addition to various investigative methods and tools that include interviewing former coworkers, collecting invoices and delivery papers and taking samples at home and work. The type of asbestos -- amosite, chrysotile, or crocidolite -- must be identified as well.
We have a vast amount of experience defending companies involved in the asbestos industry. This includes companies that manufacture products distributors, suppliers and manufacturers as well as contractors. Our team has served as National Coordinating Counsel and Trial Counsel for a number of asbestos litigation clients and has represented these companies in multiple jurisdictions across the United States. We also serve as defense liaison counsel for a variety of asbestos dockets in these states where we oversee the local and regional attorneys to ensure consistency and efficient defense strategies and results.
Our national approach in managing asbestos defense has proven to be effective. In multiple instances, it has reduced legal costs by millions of dollars contrasted with the amount that companies pay to other companies. Courts across the nation have recognized this unique and aggressive method of handling asbestos cases.
We also have defended mass toxic tort suits brought against the manufacturers of industrial, pharmaceutical and chemical compounds that are petrochemical in nature. These lawsuits are based on claims that exposure to these substances causes diseases like restrictive and obstructive lung diseases as well as occupational asthma, cancers of different types and a variety of neurological conditions.
Medical Expert Witnesses
Medical expert witnesses in asbestos cases are crucial in part because the signs of asbestos exposure may be confused with other conditions like emphysema, among others of lung cancer. It is vital that lawyers have access to experts who can help differentiate the various types of diseases and demonstrate the way each disease is a result of different types of exposures.
Medical records of asbestos victims are usually the best source for this evidence. X-rays, CT scans and biopsy samples are typically available for review. However, to make the most of this information, it is important to have medical experts who can analyze the information and offer opinions on the probabilities, causation, and other issues.
The medical experts involved in asbestos cases are usually well-known and have testified in dozens or even hundreds of other cases. This reputation increases the credibility of these experts to the jury. They have a lot of experience in preparing to testify, and therefore they know how best to answer questions from defendants and how to present the evidence to the court.
It is essential that experts from both the scientific and medical fields to testify about the various causes of asbestos-related diseases. It is not enough to show that the patient has mesothelioma; it must be shown how the asbestos defendant exposed the plaintiff to the carcinogen and why smoking increased the risk of mesothelioma.
Expert witness fees can account for a large portion of the overall expenses associated with asbestos cases. Therefore, it is crucial that a defense attorney be capable of quickly identifying and hire the best expert witness for a particular case.
We represent material suppliers, product manufactures, distributors and premises owners in asbestos cases before the federal and state courts across the country. Our team of committed and experienced lawyers are adept both offensively and defensively in asbestos litigation. Contact us today to learn what we can do to assist you.