Why You Should Not Think About Making Improvements To Your Asbestos Litigation Defense

Asbestos Litigation Defense
In order to defend companies against asbestos-related lawsuits and claims, it is essential to examine the medical records of the plaintiff as well as their work history and testimony. We typically employ a naked metal defense that focuses on the fact that your company didn't manufacture or sell asbestos-containing products in the plaintiff's lawsuit.
Asbestos cases are distinct and require a tenacious approach to achieving successful results. We are regional, local and national counsel.
Statute of Limitations
The statute of limitations is a period within which lawsuits are required to be filed. For asbestos cases, this means the deadline for filing a lawsuit is between one and six years after a victim becomes diagnosed with an asbestos-related illness. To defend, it is important to prove that the claimed accident or death did not occur within this timeframe. This typically requires a thorough review and examination of the plaintiff's employment history, including interviews of former coworkers, and a careful review of Social Security and union records as well as tax, tax, and other records.
The process of defending asbestos cases involves a variety of complex issues. Asbestos-related victims can suffer from a less severe illness, such as asbestosis, before being diagnosed with a fatal disease like mesothelioma. In these instances the attorney representing the defense will argue the statute of limitation should begin when the victim was aware or ought to have known that exposure to asbestos caused their illness.
The complex nature of these cases is exacerbated by the fact that the statute of limitations can vary between states. In these instances an experienced mesothelioma lawyer will attempt to bring the case in the state where most of the alleged exposure occurred. This can be a challenging task because asbestos victims often moved across the country to obtain employment, and the alleged exposure could have occurred in several states.
Finally, the discovery process is challenging in asbestos litigation. In YouTube to other personal injury cases, which typically have only a handful of defendants, asbestos-related litigation typically involves a number of parties. It can be difficult to obtain meaningful discovery in these cases, particularly when the plaintiff's claim of injuries spans decades and binds many defendants.
The McGivney, Kluger, Clark & Intoccia team has extensive experience in serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with regional and local counsel to develop a strategy for litigation and manage local counsel to get consistent, cost-effective results in line with the goals of the client. We regularly appear before coordination and trial judges and special masters of litigation across the country.
Bare Metal Defense
In the past, producers of boilers, turbines, valves and pumps have defended themselves from asbestos lawsuits using what is known as "bare metal" doctrine or the component part doctrine. This defense states that a company is not responsible for asbestos-related injury caused by replacement parts they did not manufacture or install.
In the case of Devries, an employee at a Tennessee Eastman chemical plant sued various equipment manufacturers over his mesothelioma. The job of the plaintiff was to remove and replacement of insulation, steam traps and gaskets on equipment such as pumps, valves and steam traps (Equipment defendants). He claimed he was exposed to asbestos during his time at the plant, and was diagnosed with mesothelioma a few years later.
The Supreme Court's Devries decision has changed the landscape of asbestos litigation, and could influence the way that the courts in other jurisdictions deal with the issue of third-party parts that manufacturers add to equipment. The Court said that this use of the bare-metal defense was "cabined" in maritime law but left open the possibility that other federal circuits to apply this doctrine to cases that aren't maritime.
This was the first time that a federal appellate court applied the"bare-metal" defense in a case involving asbestos, and it's a major departure for traditional product liability laws. Most courts have interpreted "bare metal" as a rejection of the responsibility of a manufacturer to inform about harms caused by replacement parts it did not manufacture or sale.
The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients to develop strategies for litigation, manage regional and local counsel, and achieve an effective, cost-effective and consistent defense that is in line with their goals. Our lawyers also speak at industry conferences about key issues affecting asbestos litigation. Our firm has experience defending clients across the 50 states and working closely with trial courts, judges and special masters of litigation. Our unique approach has proven successful in reducing exposure and legal costs for our clients.
Expert Witnesses
An expert witness is one who has specific skills, knowledge or experience and offers independent assistance to the court by way of an impartial opinion on matters within his field of expertise. He should be able to clearly express his opinion and the facts or assumptions that he is basing it on. He should also not ignore any factors that might affect his conclusions.
In cases involving allegations of exposure to asbestos, medical professionals are often called upon to assist in the evaluation of the claimant's condition and the identification of any connection between their condition and an identified source of exposure. A lot of the diseases that are caused by asbestos are complex, requiring the expertise of experts in the field. This includes doctors and nurses as well as toxicologists, pharmacists epidemiologists, occupational health specialists, and pharmacists.
If it's the prosecution or defence, an expert's role is to provide impartial technical assistance. He should not assume the position of advocate or seek to influence or convince a jury in favour of his client. He should not attempt to convince jurors or advocate for an argument.
The expert should work with the other experts to address any issues that are peripheral and identify any technical issues. The expert should also collaborate with those who instruct him to determine areas of agreement and discord for the joint statement of the expert as ordered by the court.
At the conclusion of his examination in chief the expert must present his conclusions and the reasons behind them in a clear and comprehensible way. He should be prepared to answer questions from the prosecution or the judge and be prepared to discuss any issues that are raised on cross-examination.
Cetrulo LLP is well versed in the defense of clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our attorneys are able to counsel and manage national and regional defense counsel and regional and local experts and witnesses. Our team is regularly in front of trial judges, coordinating judges and special masters in asbestos litigation throughout the country.
Medical Experts
Expert witnesses are extremely important in cases involving asbestos-related injuries due to the time lag between exposure to asbestos and the initial symptoms. Asbestos cases usually involve complicated theories of injuries that span decades and involve dozens or hundreds of defendants. It is nearly impossible for a plaintiff to prove their case without the assistance of experts.
Experts in the fields of medicine and other sciences are needed to evaluate the degree of exposure an individual has and their medical condition, as well as provide information on future health issues. These experts are crucial to any case and must be thoroughly checked and educated in the field they are working in. The more experience an scientist or doctor has the more convincing they will be.
Asbestos cases typically require an expert in science or medicine to review the medical records of the plaintiff and conduct a physical exam. Experts can determine if asbestos exposure has caused a particular medical condition, such as mesothelioma or lung cancer.
It may be necessary to consult other experts, like industrial hygienists, in order to establish the existence of asbestos exposure levels. They can employ advanced analytical and sampling methods to compare airborne asbestos levels at the workplace or at home 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 demonstrating that the exposure levels of plaintiffs were below legal limits and that there was no evidence of employer negligence or manufacturer responsibility.
Other experts involved in these cases include environmental and occupational specialists who can provide insight into the adequacy of safety protocols at a specific workplace or company, and how these protocols are related to the liability of asbestos manufacturers. For instance, they can establish that the materials disturbed during a remodel project are more likely to contain asbestos, or that shaking out contaminated clothing could cause asbestos fibers to release and be inhaled.