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Asbestos Defense Litigation

Asbestos-related cases must be thoroughly examined. This includes identifying asbestos-related 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 work with local counsel in order to create consistent, cost-effective defense strategies.

Asbestos Product Identification

Asbestos can be found in a variety of building materials, such as cement products, paints and floor tiles. It can also be found in artex, adhesives doors insulation, Asbestos Defense Litigation adhesives, and doors. It is hard to determine whether a product contains or does not contain asbestos based on its appearance. The best way to identify asbestos' presence is to have a certified environmental surveyor perform an inspection.

When asbestos fibres become airborne, they are small and light - meaning they can travel for long distances even through closed windows or doors. When they get into the lungs, they can trigger the development of serious health conditions. Asbestos can be dangerous when it becomes damaged, releasing deadly fibers into the air. It is crucial to not remove or disturb building materials unless they've been properly labeled and supported by an inspection.

Due to the lengthy time between exposure and illness the process of obtaining evidence-based discovery in an asbestos case is extremely challenging. There are also significant concerns regarding the admissibility and testimony of plaintiffs' expert witnesses and the causal connection between exposure to asbestos and disease.

In these situations asbestos defense lawyers often argue for summary judgment in the lack of a factual basis. Imagine, for example, that plaintiff Paul was involved in a multi-vehicle accident in New York City. He does not know the date, place the cars involved, Asbestos Defense Litigation or any other information that could be used to support a conclusion that defendant David was liable for his injuries.

In this kind of scenario it is recommended that a skilled New York mesothelioma lawyer should be specializes in asbestos litigation contact. They will review all the facts and documents, including expert reports, to determine if summary judgment is the best remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can aid their clients in this procedure. Asbestos law firms throughout the country can help their clients file their claims in the best jurisdiction. This could be the State of New York or a federal court in New York City.

Asbestos Disease Identification

Although asbestos is not mined or processed in the United States, it still is present in products and buildings that were made prior to 1989. These products can release fibers into the atmosphere as they degrade. They can be inhaled. These fibers are known to cause a variety of lung diseases.

Lung diseases that result from asbestos exposure include asbestosis, mesothelioma and pleural disease. Inhaling asbestos fibers can trigger various symptoms, such as chest pain, fatigue and breath shortness. These symptoms might not be apparent until years after a person is exposed to asbestos.

All forms of asbestos, including chrysotile, can cause cancer in humans. Exposure to asbestos can lead to cancers of the larynx, lungs, and ovaries. It can also cause mesothelioma which develops in the tissues of body cavities, such as those found in the stomach, heart and tests. Mesothelioma is difficult to recognize because it is a latent period of time and has symptoms with other conditions, such as rheumatoid arthritis and sarcoidosis.

People most likely to develop asbestos-related diseases are those who worked directly with the substance or had exposure to significant environmental hazards. This includes boilermakers, construction workers and shipyard workers; railroad and U.S. Navy veterans; and those who helped with cleanup following the September. 11 terrorist attacks. Some of them might be suffering from chest pain, coughing or breathing difficulties.

A doctor can determine whether a patient suffers from an asbestos-related illness by reviewing the person's medical background, work history, and family history. X-rays and CT scans can confirm an asbestos-related condition. Patients diagnosed with asbestosis should be yearly tested for lung function test to track the condition. The test can identify asbestosis progression and identify other health issues that could be associated with the disease. Patients suffering from this condition must also be vaccinated regularly to prevent the onset of other respiratory diseases, 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 comprised of fibrous minerals. It was widely used for construction and industry due to its strength and fire retardant as well as corrosion resistance properties. Inhaling asbestos particles can cause numerous medical issues such as mesothelioma, which is lung cancer, other organs, and neurological dysfunctions. These illnesses can take up to 30 years or longer to manifest.

In many asbestos cases, there are multiple defendants and a complex discovery. This is often complicated when the asbestos-related products involved in a case can't be identified. The ability to identify each item in an asbestos case requires the assistance of forensic experts and the use of a wide variety of investigative tools and methods such as interviews with former co-workers and other witnesses as well as subpoenaing work order invoices, and delivery 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 a wealth of experience defense of companies that are involved in the asbestos industry. This includes companies that manufacture products, distributors and suppliers as well as contractors. Our team has been the National Coordinating Counsel and Trial Counsel for numerous asbestos litigation clients and has defended these companies in multiple jurisdictions across the nation. We are also defense liaison counsel for a variety of asbestos dockets in these states, which we manage regional and local attorneys to ensure uniform and efficient defense strategies and results.

Our national approach in managing asbestos defense has proven efficient. In numerous instances, it has reduced legal costs by millions of dollars when contrasted to the amount that corporations paid to other firms. Courts across the country have recognized our unique and aggressive approach in handling asbestos cases.

We are also experienced in defense of mass toxic tort lawsuits filed against pharmaceutical companies and industrial chemicals and petrochemicals. These lawsuits stem from claims 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 conditions.

Medical Expert Witnesses

Expert medical witnesses are essential in asbestos cases, primarily because the symptoms of exposure to asbestos are easily confused with other conditions like emphysema and other types of lung cancer. It is important for attorneys to have access to experts in these fields to aid in identifying different diseases and to show the causes of each disease by different types of exposure.

Medical records of asbestos victims are often the most reliable source of this proof. X-rays can be found as are CT scans and biopsies. However, to get the most benefit from the information available, it is essential to have medical professionals who can sift through 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 credibility increases the credibility of these experts in the eyes the jury. These doctors have a lot of experience in preparing themselves to be witnesses, and they know the best way to answer questions from defendants and how to present the information to the judge.

It is important to have both scientists and medical experts present their opinions on the various causes of asbestos litigation defense-related diseases. It is not sufficient to prove that the mesothelioma patient is in fact diagnosed. It must be shown that the asbestos defendant exposed her to carcinogens, and why smoking increases the risk of mesothelioma.

Expert witness fees can make up an enormous portion of total costs of an asbestos case. It is therefore crucial that a defense attorney be able to quickly identify and hire the best expert witness for a particular case.

We represent material suppliers, product manufactures, distributors and premises owners in asbestos cases in the federal and state courts across the country. Our team of highly experienced and committed lawyers is well-versed in asbestos litigation, both offensively and defensively. Contact us to find out what is asbestos litigation we can do to help you.