Why Adding A Asbestos Defense Litigation To Your Life Can Make All The Different
Asbestos Defense Litigation
Asbestos cases must be thoroughly examined. This includes identifying asbestos products and locating potential defendants. This may involve gathering information from co-workers, relatives asbestos abatement workers, as well as studying documents and other materials.
Cetrulo LLP served as national and Regional Defense Liaison Counsel for 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 present in a variety of building materials, including cement products, paints and floor tiles. It can also be found in adhesives, artex, doors insulation, adhesives, and doors. It is very difficult to determine whether or not a material contains asbestos from its appearance only. A certified environmental surveyor can conduct an inspection to determine whether the material is contaminated with asbestos.
When asbestos fibres are airborne, they are very small and light, which means they can travel for long distances even through closed windows or doors. Once they get into the lungs, they can lead to the development of serious health conditions. Asbestos becomes dangerous when it is damaged and releases deadly fibres in the air. This is why it's crucial that building materials never be tampered with or removed without being properly labeled and supported by an expert inspection.
Due to the long latency between asbestos exposure and disease, it is very difficult to obtain meaningful information in an asbestos case. Additionally there are significant concerns regarding the admissibility of plaintiffs' experts and their testimony regarding the causal connection between asbestos exposure and the onset of disease.
In these types of cases, asbestos defense attorneys are often able to successfully argue for summary judgments based on the lack of a factual basis. Imagine, for example, that plaintiff Paul was in an accident involving multiple vehicles in New York City. He does not know the date, time of the vehicles involved or any other information that could support a conclusion that defendant David was 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 a summary judgment is the best remedy. New York mesothelioma law firms such as 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 submit their claims to 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 extracted or processed in the United States, it still is present in products and buildings that were manufactured prior to 1989. When Inglewood asbestos lawyer degrade they release tiny fibers into the air that can be inhaled by people who are near. These fibers can trigger a variety of types of lung disease.
Lung diseases caused by asbestos exposure include mesothelioma and asbestosis and pleural disease. Inhaling asbestos fibers can trigger many symptoms, such as chest pain, fatigue and shortness of breathe. These symptoms could not manifest until years after a person is exposed to asbestos.
All forms of asbestos, including chrysotile are carcinogenic for humans. Exposure to asbestos can lead to cancers of the lungs, larynx, and the ovaries. It can also trigger a type of mesothelioma in the linings of body cavities like the stomach, heart and tests. Mesothelioma can be difficult to diagnose, since it has a lengthy latent period and has many symptoms that are comparable with other conditions, such as rheumatoid arthritis and sarcoidosis.
People who have been exposed to asbestos or who have been exposed to significant environmental factors are the most at risk of developing asbestos-related ailments. This includes boilermakers, construction workers, and shipyard workers. Also included are railroad and U.S. Navy vets and those who worked to clean up after the terrorist attacks of September 11, 2001. Some of them might experience chest pain, coughing or breathing difficulties.
A doctor can determine whether a patient suffers from an asbestos-related condition by looking at the patient's medical background, work history and background of family members. X-rays, CT scans and other tests can help doctors confirm an asbestos-related diagnosis. Patients suffering from asbestosis are advised to undergo a yearly lung function test. This can help assess their health. This test can identify the progress of asbestosis and determine other health issues that may be a result of this disease. Patients suffering from asbestosis should get regular vaccinations to avoid other respiratory diseases like psoriasis. The EPA offers a TSCA Hotline and an asbestos Ombudsman who can provide further information and support.
Asbestos Database Development
Asbestos is comprised of fibrous minerals. It was extensively used in the construction and industry due to its durability, fire retardant and corrosion resistance properties. Inhaling asbestos particles can trigger a variety medical problems, including mesothelioma, lung cancer and other organs, as well as neurological disorders. These illnesses may take 30 years or more to manifest.
In many asbestos cases there are multiple defendants and complicated discovery. This can be a challenge when the asbestos-related products involved in a case can't be identified. To identify each asbestos product it is necessary to employ forensic experts along with various investigative methods and tools like interviewing former coworkers, collecting invoices and delivery papers and taking samples at home and at work. The type of asbestos- amosite, chrysotile, or crocidolite -- should be identified as well.
We have extensive experience in protecting companies in the asbestos industry. This includes product manufacturers distributors, suppliers, and manufacturers as well as contractors. Our team has been the National Coordinating Counsel and Trial Counsel for a number of asbestos litigation clients and has represented the companies in a variety of jurisdictions across the nation. We also serve as Defense liaison counsel for various asbestos dockets across these states, where we manage the local and regional attorneys to ensure uniform and efficient defense strategies and outcomes.
Our national approach in managing asbestos defense has proven to be efficient. In multiple instances it has cut legal costs by millions of dollars contrasted to the amount that corporations paid to other firms. This unique and abrasive approach to managing asbestos cases has been acknowledged by courts across the nation.
We also have defended mass toxic tort suits brought against the producers of pharmaceutical, industrial and chemical compounds that are petrochemical in nature. These lawsuits are based upon claims that exposure to these chemicals has led to ailments like occupational asthma, restrictive and obstructive pulmonary disorders, and other neurological conditions.
Medical Expert Witnesses
Medical expert witnesses are critical in asbestos cases, principally because many of the symptoms of exposure to asbestos are easily confused with other ailments like emphysema, or other types of lung cancer. It is vital that lawyers have access to experts who can differentiate the various types of diseases and demonstrate how each disease is a result of different exposures.
Often, the best evidence for this is the asbestos victim's medical records. X-rays are available and can be accessed through CT scans and biopsies. However, to get the most value from this information, it's necessary to have medical experts who are able to analyze the data and opine about the 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 the jury. These doctors have a great deal of experience in preparing themselves to be witnesses, and they know how to answer questions from the defendants and how to present the information to the court.
It is crucial that both scientists and medical experts testify on the different causes of asbestos-related diseases. It is not enough to prove the victim has mesothelioma. It must be shown that the asbestos defendant exposed her to the carcinogen, and why smoking increases the risk of mesothelioma.
Expert witness fees can be a significant portion of the costs that are associated with asbestos cases. This is why it is crucial for a lawyer who is defending the case to be able to effectively identify and hire the right expert witness for the case.
At Swartz Campbell, we counsel material manufacturers, suppliers, distributors, premises owners employers, employers and other defendants in asbestos cases in federal and state courts across the nation. Our team of highly experienced and dedicated lawyers is knowledgeable in asbestos litigation, both offensively and defensively. Contact us today to learn what we can do to help you.