Asbestos Defense Litigation

Asbestos cases must be thoroughly studied. This includes identifying asbestos-related products and finding potential defendants. This can include collecting information from coworkers, family members, abatement workers, and studying records.

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

Asbestos Product Identification

Asbestos can be 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 can be very difficult to determine if an item is asbestos lawsuits-free from its appearance alone. A professional environmental surveyor can conduct an inspection to determine the presence of asbestos.

When asbestos fibres are airborne, they are tiny and light, meaning they can travel long distances, even through closed windows or doors. When they reach the lungs, they can cause serious health issues. Asbestos can be dangerous when it is damaged, releasing deadly fibres into the air. It is very important to not disturb or remove building materials unless they have been properly labeled and accompanied by an inspection.

Due to the long latency between asbestos exposure and disease It is extremely difficult to obtain relevant evidence in an asbestos lawsuit. There are other significant issues relating to the admissibility and testimony of plaintiffs' expert witnesses and the causal link between exposure to asbestos and disease.

In these situations, asbestos defense lawyers can often argue for summary judgement in the lack of a factual basis. For example, imagine that plaintiff Paul was involved in a multi-vehicle collision in New York City. He does not know the date, location of the vehicles involved or any other details that could be used to support a conclusion that defendant David was responsible for his injuries.

In this kind of scenario it is recommended that a skilled New York mesothelioma lawyer should be consulted. They will review all the facts and documents, including any expert reports to determine if a summary judgment is the right solution. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can assist their clients through this procedure. Asbestos law firms throughout the country can assist their clients submit their claims to the most appropriate jurisdiction. This may include the State of New York or a federal court 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 manufactured before 1989. These products can release fibers into the air when they begin to degrade. They can be inhaled. These fibers are known to cause many lung illnesses.

Lung diseases that result from asbestos exposure include mesothelioma and asbestosis and pleural disease. Inhaling asbestos fibers can trigger a number of symptoms, including chest pain, fatigue, and shortness of breathe. These symptoms may not appear for decades after an asbestos exposure.

All forms of asbestos lawyer, including chrysotile are carcinogenic for humans. Exposure to asbestos can cause cancers of the larynx, lungs and ovaries. It can also trigger mesothelioma, a type of cancer that develops in the linings of body cavities, like those in the stomach, heart and testes. Mesothelioma isn't easy to recognize, as it has a long, latent period and a variety of symptoms that are similar with other conditions, such as sarcoidosis and rheumatoid arthritis.

People most likely to develop asbestos-related diseases are those who worked directly with the substance or had exposure to significant environmental hazards. This includes boilermakers, construction workers, and shipyard workers. Additionally, there are railroad and U.S. Navy vets and those who helped 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, chest pain and coughing.

A doctor can determine whether a patient suffers from an asbestos-related illness by examining the patient's medical history, work history and background of family members. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos. Patients diagnosed with asbestosis should undergo a yearly pulmonary function test to monitor the condition. This test can help detect asbestosis's progress and reveal other health issues that could be related to the disease. Patients with asbestosis should also be vaccinated regularly to prevent other respiratory diseases like psoriasis. The EPA has a TSCA Hotline as well as an asbestos lawyers Ombudsman who can provide more information and support.

Asbestos Database Development

Asbestos is a group of fibrous minerals that were often used in industrial and construction settings because of its durable as well as fire-proof and corrosion resistant 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, and neurological dysfunctions. These illnesses may take 30 years or longer to be diagnosed.

In many asbestos cases there are multiple defendants and a complex discovery. This can be difficult when the asbestos products involved in a case can't be identified. The ability to identify each item in an asbestos case requires the help of forensic experts, as well as the use of a wide range of investigative tools and methods such as interviews with former colleagues and other witnesses as well as subpoenaing work order invoices, delivery documents and other documents from employers, and collecting samples from home and workplaces. The type of asbestos -- amosite, chrysotile, or crocidolite -- must also be determined.

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

Our national strategy to manage the asbestos lawsuits defense has proved to be effective and, in multiple instances, has decreased legal expenses by millions of dollars compared to the costs companies paid when they were being represented by other firms. This unique and aggressive approach to managing asbestos cases has been praised by courts throughout the country.

We are also experienced in defense of mass toxic tort suits brought against manufacturers of pharmaceutical and industrial chemicals and petrochemicals. These lawsuits are based upon the claim that exposure to these chemicals has led to ailments like occupational asthma, restrictive and obstructive pulmonary disorders, as well as other neurological disorders.

Medical Expert Witnesses

Expert medical witnesses in asbestos cases are vital due to the fact that many signs of exposure to asbestos can be confused with other conditions such as emphysema or other forms of lung carcinoma. It is crucial for lawyers to have access to experts in these fields who can assist in identifying the various types of illnesses and show the causes of each disease by different types of exposures.

Often, the best source of this evidence is in the asbestos victim's medical records. X-rays are available, as well as CT scans and biopsies. To make the most out of these data, medical experts are required to sort through the information and offer their views on probabilities, causes, and other issues.

Medical experts who provide testimony in asbestos cases have a solid reputation and have been involved in dozens or even hundreds of cases. This reputation increases the credibility of these experts in the eyes of the jury. They have a lot of experience in preparing to testify, so they know how to answer questions from defendants and how to present the information to the judge.

In addition to medical experts, it is also necessary to have scientists be able to testify on the causes of asbestos diseases. It is not enough to prove that the patient has mesothelioma. It must be proven that asbestos exposure exposed the plaintiff to carcinogens and why smoking increased the risk of mesothelioma.

Expert witness fees can be an enormous portion of total costs of asbestos cases. This is why it is crucial for a defending attorney to be able to effectively find and select the best expert witness for the case.

We represent manufacturers, material suppliers distributors, premises owners and material suppliers in asbestos cases in the federal and state courts across the United States. Our team of highly experienced and dedicated lawyers is knowledgeable in asbestos litigation, offensively and defensively. Contact us to find out how we can help you.