15 Amazing Facts About Asbestos Defense Litigation You've Never S…

Asbestos Defense Litigation

Asbestos cases require diligent examination of the person who was injured's work background, identifying asbestos-related products, and finding potential defendants. This can include collecting information from family members, coworkers, members, abatement workers and reviewing records.

Cetrulo LLP has served as the national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and coordinate with local counsel in order to create efficient, cost-effective defense strategies.

Asbestos Product Identification

Asbestos is present in a variety of building materials -- cement products, paints floor tiles, adhesive artex, insulation, and doors to name the most common. It can be very difficult to determine whether or not an item is asbestos-free from its appearance alone. The most effective method to determine asbestos' presence is to have an experienced environmental surveyor perform an inspection.

Asbestos fibres are thin and light, which means they can travel a considerable distance even through closed doors and windows. Once they reach the lungs they could cause serious health issues. Asbestos is dangerous if it is damaged and releases deadly fibres into the air. It is very important to avoid removing or destroying building materials unless they have been properly labelled and accompanied by an inspection.

Due to the long time between exposure and illness, obtaining meaningful discovery in an asbestos lawsuit is extremely difficult. There are also serious issues relating to the admissibility of and testimony of plaintiffs' expert witnesses and the causal connection between exposure to asbestos and diseases.

In these instances asbestos defense lawyers often argue for summary judgment specializes in asbestos litigation the lack of a factual basis. For instance, imagine that plaintiff Paul was in an accident involving multiple vehicles in New York City. However, he has no information about the date and location of the accident, the vehicles involved or any other details that might help to determine that defendant David is responsible for his injuries.

In this type of circumstance it is recommended that a skilled New York mesothelioma lawyer should be consult. They will review all the facts and documents, Asbestos Defense Litigation including expert reports to determine if a summary judgment is the appropriate solution. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients in this process. Asbestos law firms located across the country can assist their clients to file their claims in the most appropriate place. This could include the State of New York, or a federal district court located in New York City.

Asbestos Disease Identification

Asbestos is no longer mined in the United States. However, it can still be present in products and buildings manufactured before 1989. These products release fibers into the atmosphere when they begin to degrade. They can be breathed in. These fibers can trigger a variety of kinds of lung diseases.

Lung diseases that result from asbestos exposure include asbestosis, mesothelioma and pleural disease. People who breathe in asbestos fibers may experience a variety of symptoms like chest discomfort, fatigue, and shortness of breath. These symptoms may not appear for a long time after an latest asbestos litigation exposure.

All forms of asbestos, including chrysotile can cause cancer in humans. Exposure to asbestos can cause lung cancer and larynx, as well as ovaries. It can also trigger mesothelioma, a type of cancer that develops in the interior of body cavities, including 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 diseases, like rheumatoid arthritis and sarcoidosis.

The people who have worked with asbestos or have been exposed to significant environmental elements are at greatest risk of developing asbestos-related ailments. 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 on September 11, 2001. Some of the symptoms for those who suffer from this condition include difficulty breathing, chest pain and coughing.

A doctor can tell if the patient suffers from an asbestos-related condition by reviewing a person's medical history, work and family histories. X-rays and CT scans can help confirm an asbestos-related illness. Patients diagnosed with asbestosis should be yearly tested for lung function test to track the condition. This test can detect asbestosis ' progression and also identify other health problems that may be connected to the condition. Patients with this condition should also receive regular vaccinations to avoid the development of other respiratory illnesses such as psoriasis. The EPA provides an TSCA Hotline and an Asbestos Ombudsman who can provide additional information and help.

Asbestos Database Development

Asbestos is a class of fibrous minerals that was extensively used in construction and Asbestos litigation cases industrial settings due to its long-lasting as well as fire-proof and corrosion-resistant properties. The inhalation of asbestos particles can cause a range of medical problems including mesothelioma (a cancer of the lungs and other organs) as well as chronic lung diseases, and neurological disorders. These illnesses may take 30 years or more to manifest.

Many asbestos cases are multi-defendant, and require complex discovery which is often hampered due to a lack of identification of the right asbestos products in every case. The ability to determine the exact type of asbestos in an asbestos case requires the help of forensic experts, as well as the use of a array of investigative tools and methods like interviews with former colleagues and other witnesses, subpoenaing work orders, invoices, and delivery documents from employers, and collecting samples from home and workplaces. The type of asbestosamosite, chrysotile or crocidolite -- must also be determined.

We have extensive experience in protecting companies in the asbestos industry. This includes companies that manufacture products distributors, suppliers and manufacturers as well as contractors. Our team has served as National Coordinating Counsel, Trial Counsel and Defense Counsel for many clients in asbestos litigation. We have represented clients in multiple jurisdictions throughout the country. We also serve as Defense Liaison Counsel for a number of the asbestos dockets in the states, where we manage local and regional counsel to ensure consistency and cost-effective defense strategies and results.

Our national strategy to manage the asbestos defense has been successful and, in multiple instances, has decreased legal spend by millions of dollars in comparison to what companies paid when being represented by other firms. This unique and aggressive method of managing asbestos cases has been praised by courts throughout the country.

We also have defended mass toxic tort lawsuits brought against the manufacturers of pharmaceutical, industrial and petroleum chemical substances. These lawsuits are based on the claim that exposure to these chemicals has led to illnesses such as occupational asthma and restrictive and obstructive pulmonary disorders, and other neurological conditions.

Medical Expert Witnesses

Expert medical witnesses in asbestos cases are essential in part because the signs of asbestos law & litigation exposure may be misinterpreted as other ailments such as emphysema or other forms of lung cancer. It is important for attorneys to have access to experts in these fields who can aid in identifying different diseases and explain how each illness is caused by different types of exposures.

The most reliable source of this evidence is found in the asbestos victim's medical records. X-rays are available and can be accessed through CT scans and biopsies. To make the most of the information available, medical professionals are needed to sift the information and offer their opinion on the possible causes, probabilities and other issues.

The medical experts involved in asbestos cases are generally very well-known and have testified in dozens, or even hundreds of other cases. This credibility boosts the credibility of these experts in the eyes the jury. Additionally, the knowledge and experience of these doctors in preparing for trial ensures that they are able to anticipate questions from the defense and how to present their findings to the judge.

In addition to medical experts It is also essential to have experts from the scientific community be able to testify on the causes of asbestos diseases. It is not enough to show that the victim has mesothelioma. It must be shown how the asbestos defendant exposed the plaintiff to the carcinogen and why smoking increased the risk of mesothelioma.

Expert witness fees can make up a significant portion of the expenses in asbestos cases. This is why it is important for a defending attorney to be able choose and employ the most suitable expert witness for a particular case.

At Swartz Campbell, we counsel material suppliers, product manufacturers, premises owners, distributors, employers and other defendants in asbestos cases in state and federal courts across the country. Our team of experienced and dedicated attorneys is well-versed in asbestos litigation, both offensively and defensively. Contact us today for more information on how our firm can assist you.