Asbestos Defense Litigation
Asbestos cases require a thorough examination of the person who was injured's work background, identifying asbestos-related products and finding potential defendants. This may involve gathering information from relatives, coworkers or abatement workers and analysing documents and other material.
Cetrulo LLP has served as national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets, and work with local counsel in order to create consistent, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is present in a variety of building materials - cement products, paints, flooring tiles, adhesive artex, insulation, and doors to name just some. It is hard to determine whether a particular product has or is not made of asbestos based on its appearance. A professional environmental surveyor is able to conduct an inspection to determine the presence of asbestos.
When asbestos fibres become airborne, they're small and light - meaning they can travel long distances even through closed doors or windows. Once they reach the lungs they can cause serious health problems. Asbestos is dangerous if it is damaged and releases deadly fibres in the air. It is very important to not remove or disturb building materials unless they've been properly labeled and accompanied by an inspection.
Due to the long time between exposure to asbestos and the development of disease, it is very difficult to obtain a meaningful evidence in an asbestos lawsuit. Additionally there are a number of issues regarding the admissibility of the plaintiffs' experts and testimony about the causal connection between asbestos exposure and disease.
In these situations, asbestos defense lawyers can often argue for summary judgment in the absence of factual basis. For instance, suppose that plaintiff Paul was involved in a multi-vehicle crash in New York City. However, he has no details about the date or location of the accident, the cars involved, or any other facts which could be used to support the conclusion that defendant David is responsible for his injuries.
A New York mesothelioma attorney with experience in this field should be consulted. They will look over the details of the case as well as 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 with this procedure. Asbestos firms who practice across the country can also assist their clients with filing their claims in the most favorable jurisdiction. This could be the State of New York, or a federal district court located in New York City.
Asbestos Disease Identification
Although asbestos is no longer extracted or processed in the United States, it still is present in products and buildings that were made prior to 1989. These products release fibers into the air when they deteriorate. They can be inhaled. These fibers can trigger a variety of kinds of lung diseases.
Lung diseases that result from asbestos exposure include mesothelioma and asbestosis and pleural disease. Inhaling asbestos fibers can trigger various symptoms, including chest pain, fatigue and a shortness of breath. These symptoms may not manifest until years after a person is exposed to asbestos.
All forms of asbestos including chrysotile can cause cancer in humans. Asbestos exposure can cause cancers of the larynx, lungs, and ovaries. It can also trigger mesothelioma which develops in the tissues of body cavities, such as those found in the stomach, the heart and the tests. Mesothelioma can be difficult to identify, as it has a long, latent period and a variety of symptoms that are similar with other conditions, such as rheumatoid arthritis and sarcoidosis.
People most likely to develop asbestos-related illnesses are those who worked directly with the substance or experienced significant environmental exposure. This includes boilermakers, construction workers, shipyard workers; railroad and U.S. Navy veterans; and those who assisted with cleaning up after the Sept. 11, 2001 terrorist attacks. Some of them may suffer from chest pain, coughing or breathing difficulties.
A doctor can tell if a patient has an asbestos-related illness by looking over the medical history, work and family histories. X-rays and CT scans can help confirm the presence of asbestos-related conditions. Patients with asbestosis are encouraged to have a lung function test. This can help assess their health. This test can detect the progress of asbestosis as well as determine other health issues that can be associated with this disease. Patients with this condition should also receive regular vaccinations to prevent the onset of other respiratory ailments, such as psoriasis. The EPA provides a TSCA Hotline and an asbestos Ombudsman who can provide further information and help.
Asbestos Database Development
Asbestos is composed of fibrous minerals. It was widely employed in industry and construction due to its durability, fire retardant and corrosion resistance properties. The inhalation of asbestos particles, however, can cause a range of medical conditions, including mesothelioma (a lung cancer and other organs) and chronic lung diseases, as well as other neurological problems. These diseases can manifest in 30 years or more.
In many asbestos cases there are multiple defendants and a complex discovery. This can be a challenge when the asbestos-related products involved in a case cannot be identified. The ability to identify each item in an asbestos case requires the assistance of forensic experts, and the use of a wide range of investigative tools and methods like interviews with former colleagues and other witnesses and subpoenaing work orders, invoices, delivery documents and other documents from employers, and collecting samples from workplaces and at home. The type of asbestos -- amosite, chrysotile, or crocidolite, must be identified as well.
We have a vast amount of experience protecting companies in the asbestos industry. This includes product manufacturers, distributors and suppliers as well as contractors. Our team has acted as National Coordinating Counsel, Trial Counsel, and Defense Counsel for a variety of clients involved in asbestos litigation. We have represented companies in multiple jurisdictions throughout the country. We are also Defense liaison counsel for various asbestos dockets in these states, which we manage local and regional attorneys to ensure consistent and effective defense strategies and results.
Our national strategy for managing asbestos defense has been proved to be effective and, in numerous instances, has reduced legal expenses by millions of dollars compared to what companies were paying when they were being represented by other firms. This unique and aggressive approach to managing asbestos cases has been acknowledged by courts throughout the country.
We also have defended mass toxic tort lawsuits brought against manufacturers of pharmaceutical, industrial and petroleum chemical substances. These lawsuits are based upon assertions that exposure to these chemicals can cause diseases like occupational asthma, restrictive and obstructive pulmonary disorders, as well as other neurological disorders.
Medical Expert Witnesses
Expert medical witnesses are essential in asbestos cases, principally because the signs of exposure to asbestos can be easily confused with other ailments like emphysema and other forms of lung cancer. It is vital that lawyers have access to experts who can help distinguish the different diseases and show the way each disease is a result of different types of exposures.
Often, the best evidence for this is the asbestos victim's medical records. X-rays, CT scans and biopsy samples are often available to examination. However, in order to get the most benefit from the information available, it is necessary to have medical experts who can sift through the information and offer opinions on the probabilities, causation, and other issues.
The medical experts involved in asbestos cases are generally very well-known and have testified in dozens, or even hundreds of other cases. This credibility increases their credibility before the jury. These doctors have a great deal of experience in preparing to testify, so they know how best to answer questions from defendants and how to present the information to the court.
In addition to medical professionals, it is also necessary to have experts from the scientific community be able to testify on the causes of asbestos-related illnesses. It is not enough to show that the victim suffers from mesothelioma; it must be proven that asbestos exposure exposed the plaintiff to the carcinogen and how smoking aggravated the risk of mesothelioma.
Expert witness fees can make up an enormous portion of overall expenses associated with asbestos cases. This is why it is crucial for a defending attorney to be able identify and hire the right expert witness for the case.
At Swartz Campbell, we counsel material suppliers, product manufacturers premises owners, distributors employers, employers and other defendants in asbestos cases in both state and federal courts across the nation. Our team of highly experienced and committed lawyers is well-versed in asbestos litigation, offensively and defensively. Contact us today asbestos law and litigation to find out what we can do to assist you.