Asbestos Defense Litigation

Asbestos cases need to be thoroughly examined. This includes identifying asbestos-related products and finding potential defendants. This can involve obtaining information from relatives, coworkers, abatement workers, and studying documents and other materials.

Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets and collaborate with local counsel to achieve efficient, cost-effective defense strategies.

Asbestos Product Identification

Asbestos is found in a variety of building materials, such as cement products, paints and floor tiles. It is also present in adhesives, artex, doors insulation, adhesives, and doors. It is very difficult to determine if the material is asbestos-free based on its appearance alone. A professional environmental surveyor is able to conduct an inspection to determine whether the material is contaminated with asbestos.

When asbestos fibres become airborne, they're small and light - meaning they can travel for long distances, even through closed doors or windows. Once they reach the lungs they could cause serious health issues. Asbestos can be dangerous when it's damaged, releasing deadly fibres into the air. It is crucial to not disturb or remove construction materials unless they've been properly labeled and accompanied by an inspection.

Due to the long time between exposure and illness finding meaningful evidence in an asbestos litigation defense case is extremely difficult. In addition there are a number of concerns regarding the admissibility of the plaintiffs' experts and testimony on the causal connection between asbestos exposure and disease.

In these types of situations, asbestos defense litigation defense attorneys are often able to argue for summary judgement due to the lack of a factual basis. Imagine, for example, that plaintiff Paul was involved in a multi-vehicle accident in New York City. However, he does not have details about the date or location of the accident, the cars involved, or any other facts that could be used to prove that defendant David is liable for his injuries.

A New York mesothelioma attorney with experience in this area is recommended. They will look over the details of the case along with any expert reports and other documentation to determine if the summary judgment is a suitable remedy. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can assist their clients in this process. Asbestos law firms located across the country can help their clients file their claims in the best jurisdiction. This may include the State of New York or a federal court located in New York City.

Asbestos Disease Identification

Asbestos is not being mined in the United States. However, it can still be present in products and buildings made prior to 1989. As these products degrade they release tiny fibers into air that can be inhaled by people who are near. These fibers can cause a variety of types of lung diseases.

Lung diseases that are a result of asbestos exposure include pleural disease (pleural plaques, thickening and effusions) as well as mesothelioma and asbestosis. Inhaling these fibers can cause a number of symptoms, including chest pain, fatigue and a shortness of breath. These symptoms might 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 cause a form of mesothelioma in the linings that line body cavities like the stomach, heart and the testes. Mesothelioma is difficult to recognize because it has a long period of time and shares many symptoms with other diseases, such as rheumatoid arthritis and sarcoidosis.

The most likely to suffer from asbestos-related illnesses are those who have worked directly with asbestos litigation cases or were exposed to a significant amount of environmental toxins. This includes boilermakers, construction workers and shipyard workers, railroad and U.S. Navy veterans; and those who helped with cleaning up following the Sept. 11, 2001 terrorist attacks. Some of the symptoms of those who suffer from this condition include difficulty breathing coughing, chest pain and chest pain.

A doctor can determine whether a patient suffers from an asbestos-related condition by looking at the patient's medical background, work history, and family history. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos-related illness. Patients diagnosed with asbestosis must be yearly tested for pulmonary function test to monitor the condition. The test will help detect the progress of asbestosis as well as determine other health issues that can be related to this condition. Patients with asbestosis should also be vaccinated regularly to prevent other respiratory illnesses like psoriasis. The EPA offers a TSCA Hotline as well as an asbestos Ombudsman who can provide more information and support.

Asbestos Database Development

Asbestos is composed of fibrous minerals. It was widely employed in industry and construction because of its durability, fire retardant and corrosion resistance properties. The inhalation of asbestos particles can lead to a variety of medical problems including mesothelioma (a cancer of the lungs and other organs) and chronic lung diseases, and neurological dysfunctions. These diseases can manifest over a period of 30 years or more.

Many asbestos cases involve multiple defendants and require complex discovery, which is often complicated because of a failure to identify the correct asbestos products involved in each case. The ability to identify each product in an asbestos case requires the help of forensic experts, and the use of a wide array of investigative tools and methods, such as interviews with former co-workers and other witnesses, Asbestos Defense Litigation subpoenaing work orders, invoices, delivery documents and other documents from employers, and collecting samples from home and workplaces. It what is asbestos litigation also necessary to determine the kind of asbestos, if it's amosite or crysotile, or the crocidolite.

We have a wealth of experience defending companies involved 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 variety of asbestos litigation clients and has defended the companies in a variety of jurisdictions across the country. We are also Defense liaison counsel for various asbestos dockets in these states, Asbestos Defense Litigation where we oversee the regional and local attorneys to ensure consistent and effective defense strategies and outcomes.

Our national strategy to manage the asbestos defense has successful and, in numerous instances, has reduced legal expenses by millions of dollars in comparison to the amount companies paid when being represented by other firms. This unique and abrasive approach to managing asbestos cases has been praised by courts across the nation.

We also have defended mass toxic tort lawsuits brought against the producers of industrial, pharmaceutical and chemical compounds that are petrochemical in nature. These lawsuits stem from claims that exposure to these chemicals causes diseases like restrictive and obstructive lung disorders, occupational asthma, cancers of different types, and other neurological conditions.

Medical Expert Witnesses

Expert medical witnesses in asbestos law & litigation cases are crucial due to the fact that many signs of asbestos exposure may be misinterpreted as other ailments like emphysema, among others of lung cancer. It is essential for attorneys to have access to experts in these fields to aid in identifying different diseases and to show the causes of each disease by different kinds of exposures.

Medical records of asbestos victims are often the best source for this proof. X-rays are readily available, as well as CT scans and biopsies. However, to make the most of the information available, it is important to have medical experts who can analyze the information and make a decision on the probabilities, causation, 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 credibility increases the credibility of these experts in the eyes the jury. Additionally, the experience of these doctors in preparing for testimony means that they know how to anticipate questions from the defense and how to present their findings to the judge.

In addition to medical experts It is also essential to have scientific experts to be able to testify on the causes of asbestos diseases. It is not enough to show that the victim has mesothelioma; it must be demonstrated how asbestos exposure exposed the plaintiff to carcinogens and why smoking increased the risk of mesothelioma.

Expert witness fees can account for much of the total costs of asbestos cases. It is therefore crucial that a defense attorney is capable of quickly identifying and hire the best expert witness for a particular case.

We represent material suppliers, product manufactures, distributors and premises owners in asbestos cases in federal and state courts throughout the United States. Our team of committed and experienced attorneys are well-versed both defensively and offensively in asbestos litigation. Contact us today to learn how we can help you.