The One Asbestos Defense Litigation Trick Every Person Should Be Able To
Asbestos Defense Litigation
Asbestos cases require careful examination of the person who was injured's work history, identifying asbestos-related materials and finding potential defendants. This could include gathering information from family members, coworkers, members, abatement workers, and analyzing documents.
Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets, and work with local counsel in order to create efficient, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is present in a variety of building materials, such as cement products, paints, and floor tiles. It is also found in artex, adhesives doors insulation, and adhesives. It is extremely difficult to determine if the material is asbestos-free based on its appearance alone. A professional environmental surveyor can conduct an inspection to determine the presence of asbestos.
When asbestos fibres are airborne, they're small and light - meaning they can travel long distances even through closed windows or doors. When they reach the lungs, they could cause serious health issues. Asbestos becomes dangerous when it is damaged and releases deadly fibres into the air. It is very important to avoid removing or destroying construction materials unless they've been properly labelled and accompanied by an inspection.
Due to the lengthy time between exposure and illness finding meaningful evidence in an asbestos lawsuit is extremely challenging. In addition there are significant issues related to the admissibility of experts from plaintiffs and testimony about the causal link between asbestos exposure and disease.
In these types of cases, asbestos defense attorneys can often successfully argue for summary judgments in the lack of a solid factual basis. For instance, suppose that plaintiff Paul was involved in a multi-vehicle accident in New York City. However, he does not have information about the date and location of the accident, the vehicles involved or any other information that could be used to prove that defendant David is liable for his injuries.
A New York mesothelioma attorney with experience in this field is recommended. They will review all the 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 firms that practice nationwide can assist their clients in 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 no longer extracted or processed in the United States, it still is present in products and buildings that were made prior to 1989. These products release fibers into the atmosphere when they begin to degrade. They can be inhaled. These fibers are known to cause various lung diseases.
Lung diseases that are a result of asbestos exposure include the pleural disease (pleural plaques, thickening and effusions) as well as mesothelioma and asbestosis. People who breathe in asbestos fibers can experience a range 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, can cause cancer in humans. Exposure to asbestos causes cancers of the lung and larynx, as well as ovaries. It can also trigger a form of mesothelioma that develops in the tissues of body cavities, like those in the stomach, heart and tests. Mesothelioma is difficult to diagnose because it has a latent period of time and has symptoms with other conditions like rheumatoid arthritis and sarcoidosis.
Those who have worked with asbestos or have been exposed to significant environmental elements are at greatest risk of developing asbestos-related ailments. This includes construction workers, boilermakers and shipyard workers. Included are railroad workers and U.S. Navy vets and those who assisted in cleaning up after the terrorist attacks of September 11, 2001. Some of the symptoms of the people who suffer from these conditions include breathing difficulties, chest pain and coughing.
A doctor can determine whether a patient suffers from an asbestos-related condition by looking at the patient's medical history, work history and family background. X-rays and CT scans can identify the presence of asbestos-related conditions. Patients with asbestosis are encouraged to have a lung function test. This test will allow them to monitor their condition. This test can identify the progress of asbestosis and determine other health issues that could be related to this condition. Patients suffering from asbestosis should be vaccinated regularly to prevent other respiratory diseases such as psoriasis. The EPA provides an TSCA Hotline and an Asbestos Ombudsman who can provide further information and assistance.
Asbestos Database Development
Asbestos is a group of fibrous minerals that was once widely used in construction and industrial settings because of its durable as well as fire-proof and corrosion resistant properties. The inhalation of asbestos particles can lead to a variety of medical conditions, including mesothelioma (a cancer of the lungs and other organs), chronic lung diseases, and neurological dysfunctions. These conditions can manifest for 30 years or longer.
Many asbestos cases are multi-defendant, and require a complex investigation that is often complicated by a failure to identify the right asbestos products in each case. The ability to identify each product in an asbestos case requires the assistance of forensic experts, and the use of a wide variety of investigative tools and methods, such as interviews with former colleagues and other witnesses and 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 in defense of companies that are involved in the asbestos industry. Bloomington asbestos attorneys includes product manufacturers distributors, suppliers, and manufacturers as well as contractors. Our team has served as National Coordinating Counsel and Trial Counsel for a number of clients in asbestos litigation and has defended the companies in a variety of jurisdictions across the United States. We are also Defense Liaison Counsel for a number of these states' asbestos dockets, which is where we oversee regional and local counsel to ensure consistency and cost-effective defense strategies and results.
Our national approach in managing asbestos defense has proven efficient. In numerous instances it has cut legal costs by millions of dollars when contrasted with the amount that companies pay to other companies. This unique and abrasive approach to managing asbestos cases has been recognized by courts across the nation.
We are also experienced in defense of mass toxic tort lawsuits filed against the manufacturers of pharmaceuticals and industrial chemicals and petrochemicals. These lawsuits are based on the claim that exposure to these chemicals can cause illnesses such as occupational asthma, restrictive and obstructive pulmonary disorders, as well as other neurological conditions.
Medical Expert Witnesses
Expert medical witnesses are essential in asbestos cases, mostly because the signs of exposure to asbestos can be easily confused with other ailments such as emphysema or other forms of lung cancer. It is important for attorneys to have access to experts in these fields to assist in identifying the various types of illnesses and show how each disease is caused by different types of exposure.
The most reliable evidence for this is found in the asbestos victim's medical records. X-rays are readily available and can be accessed through CT scans and biopsies. However, in order to get the most benefit from the information available, it is essential to have medical professionals who can analyze the data and opine about probabilities, causation and other issues.
The medical experts involved in asbestos cases are usually very well-known and have been a witness in dozens or even hundreds of other cases. This credibility increases the credibility of these experts in the eyes of the jury. They have a lot of experience in preparing themselves to testify, so they know the best way to answer questions from the defendants and how to present their findings to the court.
It is important to have 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 victim suffers from mesothelioma; it must be shown how the asbestos defendant exposed the plaintiff to carcinogens and how smoking aggravated the risk of mesothelioma.
Expert witness fees can make up a substantial portion of 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 any given case.
We represent material manufacturers, suppliers of products distributors, premises owners and material suppliers in asbestos cases before federal and state courts throughout the United States. Our team of knowledgeable and dedicated attorneys is well-versed in asbestos litigation, offensively and defensively. Contact us today to learn how we can assist you.