Asbestos Defense Litigation

Asbestos-related cases must be thoroughly investigated. This includes identifying asbestos attorney products and locating potential defendants. This may involve gathering information from co-workers, relatives asbestos abatement workers, as well as 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 to achieve the same, cost-effective defense strategies.

Asbestos Product Identification

Asbestos can be found in a myriad of building materials, including cement products, paints floor tiles, adhesive artex, insulation, and doors to name some. It is difficult to tell if a material contains or is not made of asbestos based on its appearance. The best method to detect the presence of asbestos is to have a professional environmental surveyor inspect the material.

Asbestos fibers are tiny and light, which means they can travel a considerable distance even through closed doors and windows. When they reach the lungs, they can cause serious health issues. Asbestos can be dangerous when it becomes damaged and releases deadly fibers into the air. It is crucial to not remove or disturb building materials unless they have been properly labelled and accompanied by an inspection.

Due to the long time between asbestos exposure and disease, it is very difficult to obtain a meaningful evidence in an asbestos lawyer lawsuit (https://telegra.ph/10-undeniable-reasons-people-hate-mesothelioma-from-asbestos-11-12). Additionally there are a number of concerns regarding the admissibility of the plaintiffs' experts and testimony about the causal connection between asbestos exposure and diseases.

In these situations asbestos lawsuits defense lawyers often argue for summary judgement based on the absence of factual basis. For instance, imagine that plaintiff Paul was in a multi vehicle accident in New York City. However, he does not have details about the date or location of the accident, the vehicles involved or any other information which could be used to be used to prove that defendant David is responsible for his injuries.

In this type of situation in this type of situation, a seasoned New York mesothelioma lawyer should be consult. They will analyze the details of the case as well as any expert reports or other documentation to determine if 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 procedure. Asbestos law firms that are nationwide can assist their clients in 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 not being mined or processed in United States, it still exists in buildings and products that were made prior to 1989. When these products deteriorate, they release tiny fibers into the air that can be breathed in by those who are nearby. These fibers have been known to cause various lung illnesses.

Lung diseases caused by asbestos exposure include asbestosis, mesothelioma and pleural disease. Inhaling asbestos fibers can trigger a number of symptoms, including chest pain, fatigue and a shortness of breath. These symptoms might not manifest for decades after an asbestos exposure.

All forms of asbestos, including chrysotile, are carcinogenic to humans. Exposure to asbestos can lead to cancers of the larynx, lungs and the ovaries. It can also trigger a type of mesothelioma that is found in the linings that line body cavities such as the stomach, heart and the testes. Mesothelioma is difficult to identify because it is a latent period of time and shares many symptoms with other diseases like rheumatoid arthritis and sarcoidosis.

People most likely to suffer asbestos-related illnesses are those who have worked directly with the substance or had exposure to significant environmental hazards. This includes boilermakers, construction workers and shipyard workers. Included are railroad workers and U.S. Navy vets and those who worked to clean up after the terrorist attacks of September 11, 2001. Some of them may experience chest pain, coughing and breathing difficulties.

A doctor can determine if a patient is suffering from an asbestos-related disease by reviewing the person's medical background, work history and family history. X-rays and CT scans can confirm the presence of asbestos-related conditions. Patients who are diagnosed with asbestosis should be yearly tested for lung function test to check 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 get regular vaccinations to avoid other respiratory diseases like psoriasis. The EPA offers a TSCA Hotline and an asbestos Ombudsman who can provide additional information and assistance.

Asbestos Database Development

Asbestos is composed of fibrous minerals. It was widely used for construction and industry because of its durability and fire retardant as well as corrosion resistance properties. The inhalation of asbestos particles can cause a variety of medical conditions, including mesothelioma (a cancer of the lungs and other organs) and chronic lung diseases, as well as other neurological dysfunctions. These conditions can take up to 30 years or more to manifest.

In many asbestos cases, there are multiple defendants and complex discovery. This is often complicated when the asbestos-related products that are involved in a particular case cannot be identified. To determine the asbestos products involved, forensic experts are needed along with a variety of investigative techniques and tools, such as interviewing former colleagues, obtaining invoices and delivery documents and taking samples at home and work. It is also important to determine the type of asbestos, such as it's amosite, crysotile or the crocidolite.

We have extensive experience defending asbestos-related businesses which includes distributors, manufacturers, suppliers, and contractors. Our team has acted as National Coordinating Counsel, Trial Counsel and Defense Counsel for numerous clients involved in asbestos litigation. We have represented companies in multiple jurisdictions across the United States. We also serve as Defense Liaison Counsel for a number of the states' asbestos dockets which we manage regional and local counsel to ensure consistency and cost-effective defense strategies and results.

Our national approach to managing the asbestos defense has been successful and, in a number of instances, has reduced legal spend by millions of dollars compared to what companies paid when being represented by other firms. This unique and aggressive approach to managing asbestos lawyers cases has been praised by courts throughout the country.

We are also experienced in the defense of massive toxic tort lawsuits brought against pharmaceutical companies and industrial chemicals and petroleum chemicals. These lawsuits are based on claims that exposure to these substances can cause diseases like restrictive and obstructive lung disorders as well as occupational asthma, cancers of various types, and other neurological conditions.

Medical Expert Witnesses

Expert medical witnesses in asbestos cases are essential, mainly because many symptoms of exposure to asbestos can be confused with other conditions like emphysema and other types of lung carcinoma. It is essential that lawyers have access to these experts who can differentiate the various diseases and explain the way each disease is a result of different exposures.

The most reliable source of this evidence is the asbestos victim's medical records. X-rays, CT scans and biopsy samples are usually available for examination. However, in order to get the most benefit from the information available, it is necessary to have medical experts who can analyze the information and make a decision on probabilities, causation and other issues.

Medical experts who testify in asbestos cases have a solid reputation and have been involved in dozens or even hundreds of cases. This credibility increases their credibility before jurors. Furthermore, the experience of these doctors in preparing for testimony means that they know how to anticipate questions from the defense team and how to present their findings to the court.

It is crucial that both medical and scientific experts present their opinions on the various causes of asbestos-related diseases. It is not enough to prove the mesothelioma sufferer is a victim. It must be proven that the asbestos defendant exposed her to carcinogens, and why smoking increases the risk of mesothelioma.

Expert witness fees can account for much of the total costs of asbestos cases. It is therefore important that a defense attorney is adept at identifying and select the most qualified expert witness for a particular case.

At Swartz Campbell, we counsel material suppliers, product manufacturers distributors, premises owners employers, employers and other defendants in asbestos cases in both state and federal courts across the nation. Our team of dedicated and experienced lawyers are adept both defensively and offensively in asbestos litigation. Contact us today to learn how we can help you.