8 Tips For Boosting Your Asbestos Defense Litigation Game
Asbestos Defense Litigation
Asbestos-related cases must be thoroughly examined. This involves identifying asbestos-containing products and finding potential defendants. This may involve gathering information from co-workers, relatives or abatement workers and studying documents and other materials.
Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets and coordinate with local attorneys to develop consistent, cost effective defense strategies.
Asbestos Product Identification
Asbestos can be found in a variety of building materials, including cement products, paints, and floor tiles. It can also be found in artex, adhesives, doors, insulation, and adhesives. It is very difficult to determine whether or not a material contains asbestos from its appearance by itself. A certified environmental surveyor can conduct an inspection to determine whether the material is contaminated with asbestos.
When asbestos fibres become airborne, they are very small and light, which means they can travel for long distances, even through closed windows or doors. Once they reach the lungs they can cause serious health issues. Asbestos becomes dangerous when it is damaged and releases deadly fibres into the air. This is why it's very important that building materials not be removed or disturbed without being properly labeled and accompanied by a professional inspection.
Due to the long latency between asbestos exposure and disease It is extremely difficult to obtain a meaningful information in an asbestos case. In Rio Rancho asbestos lawsuits there are a number of issues related to the admissibility of plaintiffs' experts and testimony on the causal connection between asbestos exposure and the onset of disease.
In these kinds of situations, asbestos defense attorneys are often able to argue for summary judgement in the lack of a solid factual basis. For example, imagine that plaintiff Paul was involved in a multi-vehicle accident in New York City. However, he does not have details about the date or location of the accident, the cars involved, or any other facts which could be used to be used to prove that defendant David is liable for his injuries.
A New York mesothelioma attorney with experience in this field should be consulted. They will review all the facts and documents, including 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 with this process. Asbestos law firms that are nationwide can also assist their clients with filing their claims in the most advantageous jurisdiction. This may include the State of New York or a federal court in New York City.
Asbestos Disease Identification
Although asbestos is not being mined or processed in United States, it still is present in many buildings and products that were made prior to 1989. These products can release fibers into the air when they deteriorate. They can be breathed in. These fibers are known to cause many lung diseases.
Lung diseases related to asbestos exposure include the pleural disease (pleural plaques, thickening and effusions), asbestosis and mesothelioma. Inhaling asbestos fibers can trigger many symptoms, including chest pain, fatigue, and shortness of breathe. These symptoms could not be noticed for decades after an asbestos exposure.
All forms of asbestos including chrysotile, are carcinogenic to humans. Exposure to asbestos can cause lung cancers larynx, ovaries and larynx. It can also cause mesothelioma which develops in the interior of body cavities, such as those found in the stomach, the heart and the tests. Mesothelioma is difficult to identify because it has a latent period of time and shares many symptoms with other diseases like rheumatoid arthritis and sarcoidosis.
People most likely to develop asbestos-related diseases are those who worked directly with the material or experienced significant environmental exposure. This includes construction workers, boilermakers, and shipyard workers. Additionally, there are railroad and U.S. Navy vets and those who worked to clean up after the terrorist attacks on September 11, 2001. They may experience chest pain, coughing and breathing difficulties.
A doctor can determine if a patient is suffering from an asbestos-related condition by examining the patient's medical background, work history, and family background. X-rays, CT scans and other tests can aid doctors in confirming the diagnosis of asbestos-related illness. Patients who are diagnosed with asbestosis should have a yearly lung function test to track the condition. This test can help detect asbestosis progression and identify other health issues that could be related to the disease. Patients suffering from this condition should also receive regular vaccinations to prevent the development of other respiratory diseases such as psoriasis. The EPA offers a TSCA Hotline and an Asbestos Ombudsman who can provide further information and help.
Asbestos Database Development
Asbestos is made up of fibrous minerals. It was extensively used in the construction and industry because of its durability as well as its fire-repellant and corrosion resistance properties. Inhaling asbestos particles can trigger various health issues, including mesothelioma, a cancer of the lungs and other organs, as well as neurological dysfunctions. These illnesses can take 30 years or more to manifest.
In many asbestos cases there are several defendants and complex discovery. This is often complicated when the asbestos products involved in a case cannot be identified. To determine the asbestos products involved, forensic experts are needed, as well as a variety of investigative techniques and tools like interviewing former colleagues, obtaining invoices and delivery documents and taking samples at home and at work. The type of asbestos -amosite, chrysotile or crocidolite -- should be identified as well.
We have a vast amount of experience defending companies involved in the asbestos industry. This includes product manufacturers distributors, suppliers, and manufacturers as well as contractors. Our team has served as National Coordinating Counsel and Trial Counsel for numerous asbestos litigation clients and has defended these companies in multiple jurisdictions across the United States. We are also Defense Liaison Counsel for a number of the states' asbestos dockets where we manage local and regional counsel to ensure consistent and cost-effective defense strategies and outcomes.
Our national strategy for managing asbestos defense has proven effective and, in numerous instances, has reduced 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 nation have recognized this unique and aggressive approach in managing asbestos cases.
We also have defended mass toxic tort suits filed against the manufacturers of pharmaceutical, industrial and petroleum chemical substances. These lawsuits are based on claims that exposure to these substances causes diseases like restrictive and obstructive lung conditions as well as occupational asthma, cancers of different types and other neurological disorders.
Medical Expert Witnesses
Medical expert witnesses are critical in asbestos cases, primarily because the symptoms of exposure to asbestos can be easily confused with other conditions such as emphysema or other forms of lung cancer. It is essential for attorneys to have access to experts in these fields who can assist in identifying the various types of diseases and to show the causes of each disease by different types of exposure.
Medical records of asbestos-related victims are typically the most reliable source for this evidence. X-rays are available, as well as CT scans and biopsies. To get the most value out of the information available, medical professionals are required to sort through the data and offer their opinion on the probabilities, causes, and other issues.
The medical experts involved in asbestos cases are usually well-known and have testified in dozens, or even hundreds of other cases. This credibility increases the credibility of these experts in the eyes the jury. They have a lot of experience in preparing to testify, so they know the best way to respond to questions from defendants and how to present the evidence to the court.
It is essential that experts from both the scientific and medical fields present their opinions on the various causes of asbestos disease. It is not enough to prove that a victim has mesothelioma. It is necessary to prove that the asbestos victim exposed her to the carcinogen and how smoking can increase the risk of mesothelioma.
Expert witness fees can account for an enormous portion of total costs of an asbestos case. It is therefore important that a defense attorney is adept at identifying and choose the best expert witness for any given case.
We represent material manufacturers, suppliers of products distributors, and property owners in asbestos cases before federal and state courts throughout the country. Our team of experienced and committed lawyers is well-versed in asbestos litigation, both offensively and defensively. Contact us to find out how we can help you.