Asbestos Defense Litigation
Asbestos cases need to be thoroughly investigated. This includes identifying asbestos-related products and locating potential defendants. This could involve obtaining information from relatives, coworkers or abatement workers and analysing documents and other material.
Cetrulo LLP has served as the national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and work with local attorneys to develop the same, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is found in hundreds of building materials - cement products, paints, floor tiles, adhesives, artex, insulation and doors to name the most common. It is hard to determine whether a product contains or does not contain asbestos simply by looking at it. The most effective method to determine asbestos' presence is to have a certified environmental surveyor conduct an inspection.
When asbestos fibres are airborne, they're small and light, which means they can travel for long distances even through closed doors or windows. When they reach the lungs they can cause the development of serious health conditions. Asbestos is most dangerous when it is damaged, releasing deadly fibers into the air. It is crucial to not disturb or remove construction materials unless they've been properly labeled and accompanied by an inspection.
Due to the lengthy latency between asbestos exposure and disease it can be very difficult to obtain a meaningful discovery in an asbestos action. Additionally there are significant concerns regarding the admissibility of plaintiffs' experts and testimony about the causal connection between asbestos exposure and disease.
In these types of situations, asbestos defense attorneys are often able to successfully argue for summary judgment based on the lack of a factual basis. Consider, for instance, that plaintiff Paul was involved in a multi-vehicle accident in New York City. He is not aware of the date, time, cars involved or any other details that could support a conclusion that defendant David was liable for his injuries.
A New York mesothelioma attorney with experience in this field is recommended. They will analyze the facts of the case, and any expert reports and other documents to determine if summary judgment is the right remedy. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients in this process. Asbestos law firms throughout the country can assist their clients file their claims in the most appropriate jurisdiction. This may include the State of New York or a federal court located in New York City.
Asbestos Disease Identification
Although asbestos is no longer extracted or processed in the United States, it still exists in buildings and products that were manufactured prior to 1989. As these products degrade they release tiny fibers into the air that can be inhaled by those in the vicinity. These fibers can cause a variety of lung ailments.
Lung diseases caused by asbestos exposure include asbestosis, mesothelioma and pleural disease. Those who inhale these fibers may experience a variety of symptoms, including chest pain, fatigue and breath shortness. These symptoms may not appear for many years after asbestos exposure.
All forms of asbestos, including chrysotile, are carcinogenic to humans. Asbestos exposure can cause cancers of larynx, lungs and ovaries. It can also trigger a type of mesothelioma within the linings that line body cavities such as the stomach, heart and tests. Mesothelioma can be difficult to recognize, as it has a lengthy latent period and has many symptoms that are comparable with other conditions, such as sarcoidosis and rheumatoid arthritis.
The most likely to suffer asbestos-related diseases are those who have worked directly with the material or were exposed to a significant amount of environmental toxins. This includes boilermakers, construction workers, and shipyard workers. Additionally, there are railroad and U.S. Navy vets and those who worked to clean up after the terrorist attacks of September 11, 2001. They may experience chest pain, coughing and breathing problems.
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. nyc asbestos litigation -rays and CT scans can identify an asbestos-related condition. Patients who are diagnosed with asbestosis should be yearly tested for pulmonary function test to monitor the condition. This test can identify the progress of asbestosis as well as determine other health issues that could be a result of this disease. Asbestosis sufferers should be vaccinated regularly to prevent other respiratory illnesses like psoriasis. The EPA offers a TSCA Hotline as well as an asbestos Ombudsman who can provide additional information and assistance.
Asbestos Database Development
Asbestos is a group of fibrous minerals that was once widely used in construction and industrial settings due to its long-lasting, fire retardant, and corrosion resistant properties. Inhaling asbestos particles can cause various health issues such as mesothelioma, which is lung cancer as well as other organs, and neurological disorders. These illnesses can be seen for over a period of 30 years or more.
Many asbestos cases are multi-defendant, and involve complex discovery, which is often complicated due to a lack of identification of the proper asbestos products involved in every case. 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 such as interviews with former co-workers and other witnesses as well as subpoenaing work order invoices, delivery documents and other documents from employers, and taking samples from home and workplaces. The type of asbestos- amosite, chrysotile, or crocidolite, must be identified.
We have extensive experience defending companies in the asbestos industry including distributors, manufacturers suppliers, contractors, and contractors. Our team has acted as National Coordinating Counsel, Trial Counsel, and Defense Counsel for numerous asbestos litigation clients. We have defended companies in multiple jurisdictions throughout the United States. We also serve as defense liaison counsel for a variety of asbestos dockets in these states which we manage regional and local attorneys to ensure uniform and effective defense strategies and results.
Our national strategy for managing asbestos defense has proven effective and, in numerous instances, has reduced legal costs by millions of dollars when compared to the costs companies paid when being represented by other firms. Courts across the country have recognized our unique and aggressive method of handling asbestos cases.
We have also defended mass toxic tort lawsuits brought against the manufacturers of industrial, pharmaceutical and petroleum chemical substances. These lawsuits stem from claims that exposure to these chemicals has caused diseases such as restrictive and obstructive lung diseases and occupational asthma, as well as cancers of all kinds and other neurological disorders.
Medical Expert Witnesses
Expert witnesses from medical experts are crucial in asbestos cases, primarily because the symptoms of exposure to asbestos are easily confused with other conditions such as emphysema or other types of lung cancer. It is essential that lawyers have access to these experts who can differentiate the various types of diseases and demonstrate the way each disease is the result of different exposures.
The most reliable evidence for this is found in the medical records of asbestos victims. X-rays, CT scans and biopsy samples are often available for examination. To get the most value out of these data, medical experts must sort through the data, and provide their opinion on the possible causes, probabilities 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 their credibility in the eyes of the jury. Additionally, the knowledge and experience of these doctors in preparing for trial is that they know how to anticipate questions from the defense and know how to provide evidence to the judge.
In addition to medical professionals in addition, it is essential to have scientists testify about the various causes of asbestos-related illnesses. It is not enough to show that the victim suffers from mesothelioma; it must be demonstrated how asbestos exposure exposed the plaintiff to carcinogens and why smoking increased the risk of mesothelioma.
Expert witness fees can make up a significant portion of the costs associated with asbestos cases. This is why it is important for a lawyer who is defending the case to be able find and select the best expert witness for a given case.
We represent material suppliers, product manufactures distributors, premises owners and material suppliers in asbestos cases before federal and state courts throughout the country. Our team of dedicated and experienced lawyers are adept both offensively and defensively in asbestos litigation. Contact us to find out what we can do to help you.