Why No One Cares About Asbestos Litigation Defense
Asbestos Litigation Defense
In order to defend businesses against asbestos litigation in the future, it is essential to review the medical records of the plaintiff as well as their work history and witness. We typically use the bare metal defense which focuses on arguing that your company was not able to manufacture or sell the asbestos-containing products in question in the case of a claimant.
Asbestos cases are distinct and require a determined approach to achieve successful results. We are regional, local, and national counsel.
Statute of limitations
The majority of lawsuits must be filed within a specified timeframe, referred to as the statute of limitations. For asbestos-related cases, this means that the statutory deadline for filing is between one and six years after a person is diagnosed with an asbestos-related disease. In order to defend the case it is crucial to prove that the alleged injury or death did not occur within this deadline. This typically requires a thorough review and examination of the plaintiff's employment background, including interviews with former coworkers and a thorough examination of Social Security and union records, as well as tax, tax, and other documents.
The process of defending an asbestos case involves several complex issues. Asbestos sufferers may suffer from a less severe illness, such asbestosis, before being diagnosed with a fatal illness like mesothelioma. In these instances the attorney representing the defense will argue the time limit should be set when the victim realized or ought to have known that exposure to asbestos caused the disease.
The complex nature of these cases is exacerbated by the fact that the time limit for filing a lawsuit may differ from state to state. In these cases, an experienced mesothelioma lawyer will attempt to file the case in the state where the bulk of the exposure is believed to have taken place. This can be a challenging task since asbestos sufferers often moved across the country to find jobs, and the claimed exposure could have occurred in several states.
The discovery process is difficult in asbestos litigation. Contrary to other types of personal injury cases, which often contain only a few defendants, asbestos-related litigation usually involves a number of parties. It can be difficult to get meaningful discovery when there are many defendants and the plaintiff's claim extends over a long period of time.
The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We collaborate closely with local and regional counsel to develop strategies for litigation, manage local counsel, and ensure efficient and consistent results in coordination with the goals of our clients. We regularly appear before coordinating and trial judges and special masters of litigation across the nation.
Bare Metal Defense
In the past, producers of boilers, turbines, valves and pumps have protected themselves from asbestos lawsuits by asserting what is known as "bare metal" doctrine or the component part doctrine. This defense asserts that a manufacturer is not responsible for asbestos-related injuries resulting from replacement parts they did not manufacture or install.
In the case Devries v. Devries, the Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The job of the plaintiff was to remove and replacement of insulation, steam traps and gaskets for equipment like valves, pumps and steam traps (Equipment defendants). He claimed he was exposed asbestos when working in the plant and was diagnosed with Mesothelioma many years afterward.
The Supreme Court's Devries decision has changed the nature of asbestos litigation and could affect the way that the courts in other jurisdictions deal with the issue of third-party parts that manufacturers include in their equipment. The Court declared that the use of the bare-metal defense in this case is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits might apply this principle to non-maritime cases also.
This was the first time that a federal appellate court applied the"bare-metal" defense in a case involving asbestos, and it's a significant deviation from the standard law regarding product liability. Most courts have interpreted this "bare metal" defense as rejecting the obligation of a company to warn of the dangers caused by replacement parts they did not make or sell.
The McGivney, Kluger, Clark & Intoccia team is regularly serving as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We assist our clients in developing strategies for litigation, oversee local and regional counsel, and provide an efficient, cost-effective defense in coordination with their goals. Our attorneys also speak at industry conferences about important issues that influence asbestos litigation. Our firm's experience includes representing clients across the nation and collaborating with coordinating judges and trial courts, as well as special masters. Our unique approach has proven to be successful in reducing legal expenses for our clients.
Expert Witnesses
An expert witness is someone who has specific skills, knowledge or experience and provides independent assistance to the court by way of unbiased opinion concerning matters of his field of expertise. He should clearly state his opinion and the evidence or assumptions that he is basing it on. He should not overlook any aspect that could affect his conclusions.
In cases that involve allegations of exposure to asbestos, medical experts are often called upon to assist in the assessment of the claimant's condition and to determine if there is a causal link between their condition and a known source of exposure. Many of the diseases that are caused by asbestos are complicated and require the expertise of experts. This could include nurses and doctors, pharmacists, toxicologists or epidemiologists, occupational health specialists, and pharmacists.
Experts are there to offer unbiased technical assistance, regardless of whether they are representing the prosecution or the defence. He should not assume the role as an advocate, nor should he seek to influence or convince a jury to favor his client. He should not try to convince jurors or promote an argument.
The expert should work with other experts to address any peripheral issues and identify any technical issues. The expert should also work with the people who instruct him to pinpoint areas of agreement and disagreement for the joint declaration of the expert as ordered by the court.
At the conclusion of his chief examination the expert should be able to be able to explain his findings and the reasons behind them in a clear and comprehensible way. He should be able to answer questions posed by the prosecution or judge, and be prepared to answer all questions that are raised during cross-examination.
Cetrulo LLP is well versed in defending clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers can assist and advise regional and national defense counsel as in addition to local, regional and expert witnesses and experts. Our team appears regularly before judges who are coordinating asbestos litigation across the nation, as well as trial judges and special Masters.
Medical Experts
Due to the latency issues that occur between asbestos exposure and the beginning of symptoms Expert witnesses are a crucial part in any case involving an asbestos-related injury. Asbestos cases usually involve complicated theories of injuries that can span decades and involve hundreds or dozens of defendants. This is why it is nearly impossible for a plaintiff to establish their case without the help of experts.
Experts in the fields of medicine and other sciences are required to determine the extent of a person's exposure and medical condition, as well as to provide information on future health concerns. These experts are crucial to any case and should be thoroughly vetted and educated in the relevant field. The more experience an expert in science or medicine has the more convincing the expert will be.
Asbestos cases typically require a medical or scientific expert to review the claimant's medical records and conduct a physical exam. Experts can testify as to whether the claimant's exposure asbestos was enough to trigger a particular medical condition like mesothelioma or lung cancer, or other forms of scarring in the respiratory tract and lungs (e.g., pleural plaques).
Richmond asbestos lawyers may be necessary to seek out other experts, like industrial hygienists, in order to establish the existence of asbestos exposure levels. They can use advanced sampling and analytical methods to evaluate airborne asbestos levels in the workplace or at home and compare these levels to legal exposure standards.
Experts of this kind are also useful when defending companies that manufactured or distributed asbestos-related goods as they often have the capability of proving 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 manufacturer liability.
Other experts involved in these cases include occupational and environmental specialists who can provide insight on the safety procedures at a particular work site or company and how they are related to the liability of asbestos manufacturers. They can, for example, establish that renovation materials damaged during the course of remodeling could contain asbestos or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos fibers to be released.