Asbestos Defense Litigation
Asbestos cases require careful examination of the person who was injured's work history, identifying asbestos products and locating potential defendants. This may involve gathering information from coworkers, family members, abatement workers, and studying the records.
Cetrulo LLP has served as national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and coordinate with local counsel to achieve efficient, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is present in a variety of building materials -- cement products, paints floor tiles, adhesives, artex, insulation and doors to name some. It is hard to determine whether a particular product has or is not made of asbestos based on its appearance. The most effective method to determine asbestos's presence is to have a professional environmental surveyor conduct an inspection.
When asbestos fibres are airborne, they are tiny and light, meaning they can travel for long distances even through closed windows or doors. Once they get into the lungs, they can lead to the development of serious health conditions. Asbestos can be dangerous when it is damaged and releases deadly fibres into the air. This is why it's crucial that building materials never be tampered with or removed unless they are properly labeled and followed by a professional inspection.
Due to the long latency between asbestos exposure and disease it can be very difficult to obtain meaningful information in an asbestos case. Additionally, there are significant issues related to the admissibility of the plaintiffs' experts and testimony on the causal connection between asbestos exposure and disease.
In these cases, asbestos defense lawyers can often argue for summary judgment based on an absence of a factual foundation. Consider, for instance, that plaintiff Paul was in a multi-vehicle accident 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 that could help to determine that defendant David is liable for his injuries.
In this type of situation it is recommended that a skilled New York mesothelioma lawyer should be in contact. They will look over the facts of the case, and any expert reports and other documentation, to determine if summary judgment is an appropriate remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients through this procedure. Asbestos firms that practice nationwide can help their clients in 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 Disease Identification
Although asbestos is no longer mined or processed in the United States, it still is present in products and buildings that were produced prior to 1989. These products release fibers into the air when they deteriorate. They can be breathed in. These fibers are known to cause a variety of lung ailments.
Lung diseases caused by asbestos exposure include asbestosis, mesothelioma and pleural disease. Inhaling these fibers can cause a number of symptoms, including chest pain, fatigue, and a shortness of breath. These symptoms could not manifest until years after a person is exposed to asbestos.
All forms of asbestos including chrysotile can cause cancer in humans. Exposure to asbestos can cause lung cancers larynx, ovaries and larynx. It can also cause a form of mesothelioma in the linings of body cavities like the stomach, the heart and the testes. Mesothelioma is difficult to diagnose because it has a latent period of time and has symptoms with other diseases such as rheumatoid joint arthritis and sarcoidosis.
People who are most likely to suffer from asbestos-related illnesses are those who worked directly with asbestos or experienced significant environmental exposure. This includes boilermakers, construction workers, and shipyard workers. Also included are railroad and U.S. Navy vets and those who worked to clean up after the terrorist attacks of September 11, 2001. Some of the symptoms of the people who suffer from these conditions include breathing difficulties as well as chest pain and coughing.
A doctor can determine whether a patient suffers from an asbestos-related condition by looking at the patient's medical background, work history and background of family members. X-rays and CT scans can identify the presence of asbestos-related conditions. Patients suffering from asbestosis are advised to have a lung function test. This can help keep track of their condition. This test can detect the progress of asbestosis and identify other health issues that can be associated with this disease. Patients suffering from asbestosis should also get regular vaccinations to prevent the onset of other respiratory diseases, such as psoriasis. The EPA has a TSCA Hotline as well as an Asbestos Ombudsman who can provide additional information and assistance.
Asbestos Database Development
Asbestos is composed of fibrous minerals. It was widely used in the construction and industry because of its durability as well as its fire-repellant and corrosion resistance properties. Inhaling asbestos particles, however, can cause a range of medical conditions, including mesothelioma (a cancer of the lungs and other organs) as well as chronic lung diseases, and other neurological disorders. These conditions can manifest for over a period of 30 years or more.
In many asbestos cases there are multiple defendants and a complex discovery. This is often complicated when the asbestos materials involved in a case cannot be identified. To determine the asbestos products involved the need for forensic experts in addition to a variety of investigative techniques and tools that include interviewing former coworkers, collecting invoices and delivery documents and taking samples at work and at home. It is also essential to determine the type of asbestos, whether it's amosite or crysotile, or the crocidolite.
We have extensive experience in defending asbestos-related businesses, including product manufacturers, distributors, suppliers, and contractors. Lynchburg asbestos attorney has served as National Coordinating Counsel and Trial Counsel for a variety of clients in asbestos litigation, and we have defended these companies in multiple jurisdictions across 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 to managing the asbestos defense has been proven effective and, in multiple instances, has decreased legal costs by millions of dollars in comparison to the amount companies were paying when they were being represented by other firms. Courts across the country have recognized this unique and aggressive method of handling asbestos cases.
We are also experienced in the defense of massive toxic tort lawsuits filed against manufacturers of pharmaceutical and industrial chemicals and Petrochemicals. These lawsuits stem from claims that exposure to these substances can cause diseases like restrictive and obstructive lung disorders, occupational asthma, cancers of all kinds and a variety of neurological conditions.
Medical Expert Witnesses
Expert witnesses from medical experts are crucial in asbestos cases, primarily because the symptoms of exposure to asbestos can be easily confused with other ailments like emphysema, or other forms of lung cancer. It is important for attorneys to have access to experts in these fields who can assist in identifying the various types of illnesses and show how each illness is caused by different types of exposure.
The most reliable source of this evidence is found in the medical records of asbestos victims. X-rays can be found as are CT scans and biopsies. However, in order to make the most of this information, it's essential to have medical professionals who can analyze the information and make a decision on the probabilities, causation, and other issues.
The medical experts involved in asbestos cases are typically very well-known and have been a witness in dozens, or even hundreds of other cases. This credibility increases the credibility of these experts to the jury. Additionally, the experience of these doctors in preparing for testimony is that they know how to anticipate questions from the defense team and how to present their findings to the court.
It is crucial that experts from both the scientific and medical fields to testify about the various causes of asbestos-related diseases. It is not enough to show that the victim has mesothelioma; it must be shown how asbestos exposure exposed the plaintiff to the carcinogen and why smoking increased the risk of mesothelioma.
Expert witness fees can make up an enormous portion of overall expenses associated with an asbestos case. This is the reason it is essential for the attorney representing the client to be able to efficiently find and select the best expert witness for a given case.
We represent material manufacturers, suppliers of products distributors, premises owners and material suppliers in asbestos cases in state and federal courts across the country. Our team of committed and experienced lawyers are proficient both offensively and defensively in asbestos litigation. Contact us to find out how we can help you.