Asbestos Defense Litigation

asbestos litigation cases cases require careful investigation of the injured person's work history, identifying asbestos products and finding potential defendants. This may involve collecting information from coworkers, family members, abatement workers and reviewing the records.

Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets and coordinate with local attorneys in order to create an 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 the most common. It is difficult to determine if a material contains or is not made of asbestos simply by looking at it. A certified environmental surveyor can conduct an inspection to determine whether the material is contaminated with asbestos.

Asbestos fibres are small 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 is most dangerous when it's damaged, releasing deadly fibres into the air. This is why it's very important that building materials don't be disturbed or removed without proper labeling and accompanied by an inspection by a professional.

Due to the lengthy latency between exposure to asbestos and the development of disease It is extremely difficult to obtain relevant discovery in an asbestos action. Additionally there are a number of issues related to the admissibility of experts from plaintiffs and testimony on the causal link between asbestos exposure and the onset of disease.

In these cases, asbestos defense lawyers can often argue for summary judgment specializes in asbestos litigation the absence of a factual foundation. Imagine, for example, that plaintiff Paul was involved in an accident involving multiple vehicles in New York City. However, he does not have information about the date and location of the accident, the cars involved or any other information which could be used to support the conclusion 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 consulted. They will review all the facts and documents, including expert reports, to determine if summary judgment is the right remedy. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy are able to assist their clients with this process. Asbestos firms that practice nationwide can also assist their clients with filing their claims in the most appropriate jurisdiction. This could be the State of New York or a federal court in New York City.

asbestos litigation paralegal Disease Identification

Although asbestos is no longer mined or processed in the United States, it still exists in buildings and products that were made prior to 1989. As these products degrade they release tiny fibers into the air that can be inhaled by those who are nearby. These fibers are known to cause many lung diseases.

Lung diseases that result from asbestos exposure include mesothelioma and asbestosis and pleural disease. Inhaling these fibers can cause various symptoms, such as chest pain, fatigue, and a shortness of breath. These symptoms might not show up until decades after exposure to asbestos.

All forms of asbestos including chrysotile can cause cancer in humans. Asbestos exposure can lead to cancers of the larynx, lungs and the ovaries. It can also trigger a type of mesothelioma in the linings that line body cavities such as the heart, stomach and testes. Mesothelioma isn't easy to identify, as it has a long latent period and many similar symptoms with other conditions, such as rheumatoid arthritis and sarcoidosis.

Those who have been exposed to asbestos or have been exposed to significant environmental factors are at greatest risk of developing asbestos-related illnesses. These include boilermakers, construction workers and shipyard workers, railroad and U.S. Navy veterans; and those who helped with clean-up following the September. 11, 2001 terrorist attacks. Some of the symptoms of those who suffer from this condition include difficulty breathing, chest pain and coughing.

A doctor can tell if an individual suffers from an asbestos-related illness by looking over the patient's medical background, work and family history. X-rays, CT scans and other tests can help doctors confirm an asbestos-related diagnosis. Patients with asbestosis are encouraged to undergo a yearly lung function test. This will help keep track of their condition. This test can detect the progress of asbestosis and determine other health issues that may be related to this condition. Patients with asbestosis should also be vaccinated regularly to prevent other respiratory diseases like psoriasis. The EPA offers a TSCA Hotline and an asbestos Ombudsman that can provide additional information and support.

Asbestos Database Development

Asbestos is made up of fibrous minerals. It was widely used in the construction and industry due to its strength as well as its fire-repellant and corrosion resistance properties. The inhalation of asbestos particles, however, can lead to a variety of medical problems including mesothelioma (a cancer of the lungs and other organs) and chronic lung diseases, and other neurological problems. These diseases can manifest in 30 years or more.

In many asbestos cases there are several defendants and complex discovery. This is often complicated when the asbestos-related products that are involved in a particular case cannot be identified. The ability to determine the exact type of asbestos in an asbestos case requires the help of forensic experts and the use of a wide range of investigative tools and methods like interviews with former coworkers and other witnesses, asbestos Defense litigation subpoenaing work orders, invoices, and delivery documents from employers, and collecting samples from both workplaces and homes. It is also important to determine the kind of asbestos, if it's amosite, crysotile, or crocidolite.

We have a wealth of experience in defending asbestos-related companies including distributors, manufacturers contractors, suppliers, and manufacturers. Our team has served as National Coordinating Counsel, Trial Counsel, and Defense Counsel for numerous clients involved in asbestos litigation. We have defended companies in multiple jurisdictions throughout the country. We also serve as Defense Liaison Counsel for several of these asbestos dockets in the states, which is where we oversee local and regional counsel to ensure consistent and cost-effective defense strategies as well as outcomes.

Our national approach in managing asbestos defense has proven effective. In numerous instances it has cut legal costs by millions of dollars compared to the amount companies paid to other firms. This unique and abrasive approach to managing asbestos cases has been acknowledged by courts throughout the country.

We also have experience the defense of massive toxic tort lawsuits brought against the manufacturers of pharmaceuticals and industrial chemicals and Petrochemicals. These lawsuits stem from assertions that exposure to these chemicals has led to ailments like occupational asthma, restrictive and obstructive pulmonary disorders, and a variety of neurological disorders.

Medical Expert Witnesses

Expert witnesses from medical experts are crucial in asbestos cases, principally because the signs of exposure to asbestos are easily confused with other ailments like emphysema, or other types of lung cancer. It is crucial for lawyers to have access to experts in these fields who can assist in identifying the various types of diseases and explain how each illness is caused by different types of exposure.

Medical records of asbestos-related victims are typically the most reliable source of this proof. X-rays, CT scans and biopsy samples are usually available to review. However, to get the most value from this information, it's essential to have medical professionals who can analyze the information and offer opinions on the probabilities, causation, and other issues.

Medical experts who testify in asbestos cases have a great reputation and have been involved in dozens if not hundreds of cases. This reputation increases their credibility in the eyes of the jury. These doctors have a lot of experience in preparing to testify, and therefore they know the best way to answer questions from the defendants and how to present their findings to the judge.

In addition to medical professionals, it is also necessary to have experts from the scientific community testify about the various causes of asbestos-related illnesses. It is not enough to prove that the victim suffers from mesothelioma. It has to be proven that the asbestos defendant exposed the plaintiff to the carcinogen and how smoking aggravated the risk of mesothelioma.

Expert witness fees can account for much of the total costs of asbestos cases. Therefore, it is crucial that the defense attorney is able to quickly identify and choose the best expert witness for the particular case.

At Swartz Campbell, we counsel material manufacturers, suppliers, premises owners, distributors employers, employers and other defendants in asbestos cases in federal and state courts across the nation. Our team of experienced and committed lawyers is well-versed in asbestos litigation, both offensively and defensively. Contact us today for more information on how our firm can assist you.