Ten Things Everyone Misunderstands Concerning Asbestos Defense Litigation
Asbestos Defense Litigation
Asbestos-related cases must be thoroughly examined. This includes identifying asbestos products and finding potential defendants. This can include collecting information from family members, coworkers, members, abatement workers and analyzing records.
Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets, and work with local counsel in order to create efficient, cost-effective defense strategies.
Asbestos Product Identification
Asbestos can be found in a myriad of building materials - cement products, paints, flooring tiles, adhesive, artex, insulation and doors to mention some. It is extremely difficult to determine if an item is asbestos-free from its appearance by itself. A professional environmental surveyor is able to conduct an inspection to determine the presence of asbestos.
When asbestos fibres become airborne, they are small and light, which means they can travel long distances even through closed doors or windows. Once they reach the lungs, they can lead to the formation of serious health issues. Asbestos is dangerous if it is damaged and releases harmful fibres into the air. It is vital to not disturb or remove construction materials unless they've been properly labeled and supported by an inspection.
Due to the long time between exposure and illness the process of obtaining evidence-based discovery in an asbestos lawsuit is extremely difficult. Additionally there are a number of concerns regarding the admissibility of the plaintiffs' experts 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 in the lack of a factual basis. Consider, for instance, that plaintiff Paul was in a multi vehicle accident in New York City. He does not know the date, place the cars involved, or any other information that could support a conclusion that defendant David was liable for his injuries.
In this type of situation, an experienced New York mesothelioma lawyer should be consulted. They will look over the details of the case as well as any expert reports and other documentation, to determine if summary judgment is the right remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can aid their clients in this process. Asbestos firms that practice nationwide can help their clients in filing their claims in the most appropriate jurisdiction. This could include the State of New York, or a federal district court 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. These products can release fibers into the atmosphere when they begin to degrade. They can be inhaled. Citrus Heights asbestos lawyers can cause many lung ailments.
Lung diseases that result from asbestos exposure include asbestosis, mesothelioma and pleural disease. Inhaling asbestos fibers can trigger a number of symptoms, such as chest pain, fatigue, and shortness of breathe. These symptoms could not be apparent until years after a person is exposed to asbestos.
All forms of asbestos including chrysotile are carcinogenic for 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 stomach, the heart and tests. Mesothelioma isn't easy to recognize, as it has a long latent period and many similar symptoms with other conditions, such as sarcoidosis and rheumatoid arthritis.
People who have been exposed to asbestos or who have been exposed to significant environmental factors are at greatest risk of developing asbestos-related illnesses. 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 for the people who suffer from these conditions include breathing difficulties coughing, chest pain and chest pain.
A doctor can determine whether a patient suffers from an asbestos-related disease by reviewing the person's medical background, work history and background of family members. X-rays, CT scans and other tests can help doctors confirm an asbestos-related diagnosis. Patients diagnosed with asbestosis should be yearly tested for pulmonary function test to monitor the condition. This test can detect asbestosis's progress and reveal other health problems that may be related to the disease. Patients with this condition should also receive regular vaccinations to avoid the onset of other respiratory illnesses such as psoriasis. The EPA offers a TSCA Hotline as well as an Asbestos Ombudsman who can provide additional information and support.
Asbestos Database Development
Asbestos is a group of fibrous minerals that was often used in industrial and construction settings because of its durable fire-resistant, fire-proof, and corrosion-resistant properties. Inhaling asbestos particles, however, can lead to a variety of medical problems including mesothelioma (a cancer of the lungs and other organs) as well as chronic lung diseases, and other neurological disorders. These illnesses can be seen for 30 years or longer.
Many asbestos cases are multi-defendant, and involve complex discovery, which is often complicated because of a failure to identify the right asbestos products in each case. The ability to determine the exact type of asbestos in an asbestos case requires the assistance of forensic experts, and the use of a wide array of investigative tools and methods, such as interviews with former colleagues and other witnesses, subpoenaing work orders, invoices, and delivery papers from employers, and obtaining samples from home and workplaces. It is also important to determine the kind of asbestos, if it's amosite, crysotile or the crocidolite.
We have a wealth of experience in defending asbestos-related businesses, including product manufacturers, distributors contractors, suppliers, and manufacturers. Our team 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 nation. We also serve as Defense liaison counsel for several asbestos dockets in these states which we manage regional and local attorneys to ensure consistent and efficient defense strategies and outcomes.
Our national strategy for managing asbestos defense has been proven effective and, in a number of instances, has decreased legal expenses by millions of dollars when compared to the amount companies paid when being represented by other firms. Courts across the country have recognized our unique and aggressive approach in managing asbestos cases.
We also have experience defending mass toxic tort lawsuits filed against manufacturers of pharmaceutical and industrial chemicals and petroleum chemicals. These lawsuits are based upon the claim that exposure to these chemicals has led to ailments like occupational asthma as well as restrictive and obstructive lung disorders, and a variety of neurological disorders.
Medical Expert Witnesses
Expert medical witnesses are essential in asbestos cases, mostly because the symptoms of exposure to asbestos can be easily confused with other illnesses like emphysema, or other types of lung cancer. It is essential for attorneys to have access to experts in these fields to aid in identifying different illnesses and show how each disease is caused by different types of exposures.
Medical records of asbestos victims are often the most reliable source of this proof. X-rays, CT scans and biopsy samples are often available for review. However, to get the most value from this information, it is necessary to have medical experts who are able to analyze the data and opine about 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 reputation increases the credibility of these experts in the eyes of the jury. Additionally, the knowledge and experience of these doctors in preparing for testimonies means that they know how to anticipate questions from the defense and how to present information to the judge.
It is essential that both medical and scientific experts to testify about the various causes of asbestos disease. 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 be a substantial portion of costs in asbestos cases. It is therefore important that the defense attorney is able to quickly identify and hire the best expert witness for the particular case.
We represent manufacturers, material suppliers, distributors and premises owners in asbestos cases before the federal and state courts across the United States. Our team of experienced and dedicated attorneys is well-versed in asbestos litigation, both offensively and defensively. Contact us today to learn how we can help you.