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Asbestos Defense Litigation

Asbestos cases need to be thoroughly investigated. This includes identifying asbestos-related products and finding potential defendants. This could include collecting information from relatives, coworkers members, abatement workers and reviewing records.

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

Asbestos Product Identification

Asbestos is present in a variety of building materials, including cement products, paints floor tiles, adhesives artex, insulation, and doors to mention the most common. It can be very difficult to determine if an item is asbestos-free from its appearance only. The most effective method to determine asbestos' presence is to have a certified environmental surveyor perform an inspection.

When asbestos fibres are airborne, they are very small and light - meaning they can travel for long distances, even through closed doors or windows. When they reach the lungs, they can lead to the development of serious health conditions. Asbestos can be dangerous when it is damaged and releases deadly fibres in the air. It is very important to not remove or disturb building materials unless they have been properly labeled and accompanied by an inspection.

Due to the lengthy time between exposure and disease, obtaining meaningful discovery in an asbestos action is extremely difficult. Additionally there are a number of issues related to the admissibility of the plaintiffs' experts and their testimony regarding the causal connection between asbestos exposure and diseases.

In these types of situations, asbestos defense attorneys are often able to successfully argue for summary judgment due to the lack of a factual basis. For instance, imagine that plaintiff Paul was involved in a multi-vehicle accident in New York City. However, he has no details about the date or location of the accident, the cars involved or any other details which could be used to help to determine that defendant David is liable for his injuries.

In this type of situation in this type of situation, a seasoned New York mesothelioma lawyer should be consult. They will review the facts of the case, along with any expert reports or other documentation, to determine if summary judgment is an appropriate remedy. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy are able to assist their clients with this process. Asbestos law firms that are nationwide can help their clients in filing their claims in the most favorable jurisdiction. This could include the State of New York, or a federal district court in New York City.

Asbestos Disease Identification

Asbestos is not mined anymore in the United States. However, it can still be present in products and buildings 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 are known to cause a variety of lung ailments.

Lung diseases caused by asbestos exposure include mesothelioma, asbestosis and pleural disease. The people who breathe in these fibers can experience a range of symptoms, including chest discomfort, fatigue, and shortness of breath. These symptoms could not be noticed for many years after asbestos exposure.

All forms of asbestos including chrysotile can cause cancer in humans. Exposure to asbestos can cause cancers of the larynx, lungs and ovaries. It can also cause a form of mesothelioma within the linings found in body cavities such as the stomach, the heart and tests. Mesothelioma can be difficult to diagnose, since it has a long, latent period and a variety of symptoms that are similar with other diseases, like sarcoidosis and rheumatoid arthritis.

People who are most likely to develop asbestos-related diseases are those who directly with the substance or experienced significant environmental exposure. This includes boilermakers, construction workers and shipyard workers, railroad and U.S. Navy veterans; and those who assisted with clean-up after the September. 11 terrorist attacks. Some of the symptoms of the people who suffer from these conditions include breathing difficulties as well as chest pain and coughing.

A doctor can determine if a patient is suffering from an asbestos-related illness by examining the patient's medical background, work history, and family history. X-rays, CT scans and other tests can aid doctors in confirming the diagnosis of asbestos. Patients diagnosed with asbestosis must be yearly tested for pulmonary function test to monitor the condition. This test can detect asbestosis's progress and reveal other health issues that could be associated with the disease. Patients with this condition should also receive regular vaccinations to avoid the development of other respiratory illnesses such as psoriasis. The EPA offers an TSCA Hotline and an Asbestos Ombudsman that can provide additional information and assistance.

Asbestos Database Development

Asbestos is one of the fibrous minerals which was often used in industrial and construction settings due to its long-lasting as well as fire-proof and corrosion resistant properties. Asbestos particles inhalation can cause various health issues such as mesothelioma, which is lung cancer and other organs, as well as neurological problems. These diseases can manifest 30 years or longer.

In many asbestos cases, there are multiple defendants and complex discovery. This is often complicated when the asbestos products that are involved in a particular case cannot be identified. 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 variety of investigative tools and asbestos Litigation methods, such as interviews with former co-workers and other witnesses and subpoenaing work orders, invoices, delivery documents and other documents from employers, and taking samples from workplaces and at home. The type of asbestos -amosite, chrysotile or crocidolite -- must also be determined.

We have extensive experience defending asbestos litigation online-related companies, including distributors, manufacturers, suppliers, and contractors. Our team has acted as National Coordinating Counsel, Trial Counsel, and Defense Counsel for many clients involved in asbestos law & litigation litigation. We have defended companies in multiple jurisdictions across the country. We also serve as Defense liaison counsel for various asbestos litigation meaning dockets in these states which we manage regional and local attorneys to ensure consistent and effective defense strategies and results.

Our national approach to managing the asbestos defense has been proved to be effective and, in a number of instances, Lawsuits has decreased legal spend by millions of dollars compared to what companies paid when being represented by other firms. The courts across the country have recognized this unique and aggressive method of handling asbestos cases.

We also have experience defending mass toxic tort lawsuits brought against pharmaceutical companies and industrial chemicals and petrochemicals. These lawsuits are based on the claim that exposure to these chemicals can cause diseases like restrictive and obstructive lung diseases, occupational asthma, cancers of different types, and other neurological conditions.

Medical Expert Witnesses

Expert medical witnesses are essential in asbestos cases, principally because the signs of exposure to asbestos can be easily confused with other illnesses such as emphysema or other types of lung cancer. It is vital that lawyers have access to experts who can help differentiate the various diseases and explain how each illness is a result of different types exposures.

The most reliable evidence for this is in the asbestos victim's medical records. X-rays, Asbestos defense litigation CT scans and biopsy samples are often available to examination. However, in order to get the most value from this information, it is necessary to have medical experts who are able to analyze the information and make a decision on probabilities, causation and other issues.

Medical experts who testify in asbestos cases have a great reputation and have been involved in dozens, if not hundreds of cases. This reputation increases their credibility in the eyes of jurors. These doctors have a great deal of experience when it comes to preparing to be witnesses, and they know how to answer questions from defendants and how to present the evidence to the judge.

It is crucial that both medical and scientific experts to testify about the various causes of asbestos disease. It is not enough to prove that a mesothelioma sufferer is a victim. It is necessary to prove that the asbestos defendant exposed her to the carcinogen and how smoking can increase the risk of mesothelioma.

Expert witness fees can account for much of the overall costs associated with asbestos cases. It is therefore crucial 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 country. Our team of dedicated and experienced lawyers are adept both defensively and offensively in asbestos litigation. Contact us today for more information on what we can do to assist you.