Five Asbestos Defense Litigation Projects To Use For Any Budget

Asbestos Defense Litigation
Asbestos cases require a thorough investigation of the victim's work history, identifying asbestos-related materials and locating potential defendants. This may involve obtaining information from family members, coworkers, members, abatement workers and analyzing the records.
Cetrulo LLP has served as the national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets, and work with local counsel to achieve efficient, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is found in hundreds of building materials, including cement products, paints floor tiles, adhesive, artex, insulation and doors to mention some. 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.
Asbestos fibres are small and light, which means they can travel a long distance, even through closed doors or windows. Once they reach the lungs, they can lead to the formation of serious health issues. Asbestos can be dangerous when it is damaged and releases harmful fibres into the air. This is why it's important that building materials don't be removed or disturbed without proper labeling and followed by an inspection by a professional.
Due to the long time between exposure and disease finding meaningful evidence in an asbestos lawsuit is extremely challenging. There are other significant issues regarding the admissibility and credibility of expert witnesses for plaintiffs and the causal connection between exposure to asbestos and the development of disease.
In these types of situations asbestos defense lawyers are often able to argue for summary judgment based on the absence of a factual foundation. Consider, for instance, that plaintiff Paul was in an accident involving multiple vehicles in New York City. He does not know the date, time 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 the details of the case as well as any expert reports or other documentation to determine whether or not the summary judgment is a suitable remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients through this process. Asbestos law firms throughout 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 being mined or processed in the United States, it still exists in buildings and products that were produced prior to 1989. When these products deteriorate they release tiny fibers into air that can be breathed in by those in the vicinity. These fibers can trigger a variety of kinds of lung diseases.
Lung diseases that are a result of asbestos exposure include pleural disease (pleural plaques, thickening, and effusions), asbestosis and mesothelioma. Inhaling these fibers can cause a number of symptoms, including chest pain, fatigue and breath shortness. These symptoms could not be apparent until years after a person is exposed to asbestos.
All forms of asbestos including chrysotile can cause cancer in humans. Exposure to asbestos can cause lung cancer and larynx, as well as ovaries. It can also trigger a type of mesothelioma that is found in the linings of body cavities like the heart, stomach and testes. Mesothelioma is difficult to diagnose because it has a long period of time and shares many symptoms with other diseases, such as rheumatoid arthritis and sarcoidosis.
The people who have worked with asbestos or have been exposed to significant environmental elements are at greatest risk of developing asbestos-related diseases. This includes construction workers, boilermakers, 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 the symptoms for those who suffer from this condition include difficulty breathing, chest pain and coughing.
A doctor can tell if the patient suffers from an asbestos-related condition by reviewing the medical, work and family history. X-rays and CT scans can help confirm an asbestos-related illness. Patients diagnosed with asbestosis should be yearly tested for pulmonary function test to monitor the condition. The test can identify asbestosis progression and identify other health problems that may be associated with the disease. Patients suffering from asbestosis should also receive regular vaccinations to avoid the onset of other respiratory ailments, such as psoriasis. The EPA offers a TSCA Hotline and an asbestos Ombudsman that can provide additional information and support.
Asbestos Database Development
Asbestos is composed of fibrous minerals. It was widely employed in industry and construction because of its durability as well as its fire-repellant and corrosion resistance properties. Inhaling asbestos particles, however, can lead to a variety of medical issues, including mesothelioma (a lung cancer and other organs) and chronic lung diseases, and other neurological disorders. These conditions can manifest for 30 years or longer.
Many asbestos cases are multi-defendant, and require complex discovery which is often hampered by a failure to identify the proper asbestos products involved in each case. The ability to determine the exact type of asbestos in an asbestos case requires the assistance of forensic experts, as well as the use of a wide variety of investigative tools and methods, such as interviews with former co-workers and other witnesses, subpoenaing work orders, invoices, and delivery papers from employers, and taking samples from home and workplaces. It is also necessary to determine the type of asbestos, such as it's amosite, crysotile, or the crocidolite.
We have extensive experience in defense of companies that are involved in the asbestos industry. This includes manufacturers of products distributors, suppliers, and manufacturers as well as contractors. Our team has acted as National Coordinating Counsel, Trial Counsel, and Defense Counsel for many asbestos litigation clients. We have represented companies in multiple jurisdictions throughout the United States. We are also Defense Liaison Counsel for several of these states' asbestos dockets which we manage local and regional counsel to ensure uniform and cost-effective defense strategies and results.
Our national strategy for managing asbestos defense has been proven effective and, in multiple instances, has decreased legal expenses by millions of dollars in comparison to the amount companies paid when being represented by other firms. This unique and aggressive approach to managing asbestos cases has been acknowledged by courts throughout the country.
YouTube have also defended massive toxic tort lawsuits brought against the producers of pharmaceutical, industrial and chemical compounds that are petrochemical in nature. These lawsuits are based on the claim that exposure to these chemicals has caused diseases such as restrictive and obstructive lung diseases and occupational asthma, as well as cancers of various types and a variety of neurological conditions.
Medical Expert Witnesses
Expert witnesses from medical experts are crucial in asbestos cases, primarily because the signs of exposure to asbestos are easily confused with other illnesses like emphysema, or other forms of lung cancer. It is crucial that attorneys have access to these experts who can differentiate the various diseases and explain the way each disease is the result of different types of exposures.
The most reliable source of this evidence is in the medical records of asbestos victims. X-rays, CT scans and biopsy samples are usually available for examination. To get the most value out of the information available, medical professionals are needed to sift the data and offer their views on probabilities, causes, and other issues.
The medical experts involved in asbestos cases are generally well-known and have testified in dozens or even hundreds of other cases. This reputation increases their credibility before jurors. Additionally, the experience of these doctors in preparing for testimony ensures that they are able to anticipate questions from the defense and how to provide evidence to the court.
It is essential that experts from both the scientific and medical fields present their opinions on the various causes of asbestos disease. It is not enough to prove that a victim has mesothelioma. It is necessary to prove that the asbestos defendant exposed her to the carcinogen and the reason smoking increases the risk of mesothelioma.
Expert witness fees can constitute an important portion of expenses in asbestos cases. It is therefore crucial that a defense attorney is capable of quickly identifying and hire the best expert witness for any given case.
At Swartz Campbell, we counsel material suppliers, product manufacturers, premises owners, distributors, employers and other defendants in asbestos cases in state and federal courts across the country. Our team of dedicated and experienced lawyers are adept both offensively and defensively in asbestos litigation. Contact us to find out what we can do to help you.