5 Asbestos Defense Litigation Projects For Any Budget

Asbestos Defense Litigation
Asbestos cases need to be thoroughly examined. This includes identifying asbestos products and finding potential defendants. This could include gathering information from relatives, 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 to develop efficient, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is found in hundreds of building materials - cement products, paints floor tiles, adhesives, artex, insulation and doors to mention the most common. It can be very difficult to determine if the material is asbestos-free based on its appearance only. The best way to identify asbestos' presence is to have a certified environmental surveyor perform an inspection.
Asbestos fibres are small and light, which means they can travel for a long distance even through closed doors or windows. When they reach the lungs, they can trigger the development of serious health conditions. Asbestos is dangerous if it is damaged and releases harmful fibres into the air. This is why it's important that building materials not be disturbed or removed unless they are properly labeled and followed by an expert inspection.
Due to the lengthy time between exposure and disease, obtaining meaningful discovery in an asbestos case is extremely challenging. There are also serious issues relating to the admissibility and testimony of plaintiffs' expert witnesses and the causal link between exposure to asbestos and the development of disease.
In these types of situations, asbestos defense attorneys are often able to argue for summary judgments in the lack of a solid factual basis. For instance, suppose that plaintiff Paul was involved in a multi-vehicle crash in New York City. However, he does not have details about the date or location of the accident, the cars involved or any other information that could be used to prove that defendant David is liable for his injuries.
A New York mesothelioma attorney with experience in this area is recommended. They will examine all facts and documents, including any expert reports, to determine if summary judgment is the appropriate remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can aid their clients in this process. Asbestos law firms located across the country can help their clients to file 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 not mined or processed in the United States, it still is present in many buildings and products that were made prior to 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 resulting from asbestos exposure include pleural disease (pleural plaques, thickening and effusions), asbestosis and mesothelioma. Those who inhale these fibers may experience a variety of symptoms like chest discomfort, fatigue, and breath shortness. These symptoms might not manifest for many years after asbestos exposure.
All forms of asbestos, including chrysotile are carcinogenic for humans. Exposure to asbestos can cause cancers of the lung and larynx, as well as ovaries. It can also cause mesothelioma which develops in the tissues of body cavities, such as those found in the stomach, the heart and the tests. Mesothelioma can be difficult to diagnose, since it has a long latent period and many similar symptoms with other conditions, such as sarcoidosis and rheumatoid arthritis.
People who are most likely to develop asbestos-related illnesses are those who worked directly with the material or experienced significant environmental exposure. These include construction workers, boilermakers and shipyard workers; railroad workers and U.S. Navy veterans; and those who assisted with cleaning up after the September. 11, 2001 terrorist attacks. These people may be suffering from chest pain, coughing or breathing difficulties.
A doctor can determine if the patient suffers from an asbestos-related disease by reviewing a person's medical background, work and family history. X-rays and CT scans can confirm the presence of asbestos-related conditions. Patients with asbestosis are advised to undergo a yearly lung function test. This will help keep track of their condition. This test can detect the progress of asbestosis and determine other health issues that may be a result of this disease. Patients suffering from this condition must also be vaccinated regularly to avoid the onset of other respiratory ailments, such as psoriasis. The EPA offers an 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 employed in industry and construction due to its strength, fire retardant and corrosion resistance properties. Inhaling asbestos particles, however, can cause a variety of medical problems including mesothelioma (a cancer of the lungs and other organs), chronic lung diseases, and other neurological problems. These diseases can manifest over a period of 30 years or more.
Many asbestos cases are multi-defendant and involve complex discovery that is often complicated by a failure to identify the proper asbestos products involved in every case. To determine the asbestos products involved the need for forensic experts, as well as a variety of investigative techniques and tools, such as interviewing former coworkers, collecting invoices and delivery documents, and taking samples at work and at home. The type of asbestos- amosite, chrysotile, or crocidolite -- must also be determined.
We have extensive experience in protecting companies in the asbestos industry. This includes manufacturers of products distributors, suppliers and manufacturers as well as contractors. Our team has been National Coordinating Counsel and Trial Counsel for a variety of asbestos litigation clients and has represented these companies in numerous jurisdictions across the United States. We are also Defense liaison counsel for various asbestos dockets in these states, where we oversee the local and regional attorneys to ensure uniform and efficient defense strategies and results.
Our national approach to managing asbestos defense has proven to be effective. In numerous instances it has reduced legal costs by millions of dollars when contrasted to the amount that corporations pay to other companies. Courts across the nation have recognized our unique and aggressive method of managing asbestos cases.
We have also defended mass toxic tort lawsuits brought against the manufacturers of pharmaceutical, industrial and chemical compounds that are petrochemical in nature. These lawsuits are based on the claim that exposure to these chemicals can cause illnesses such as occupational asthma and restrictive and obstructive pulmonary disorders, as well as other neurological conditions.
Medical Expert Witnesses
Expert witnesses from medical experts are crucial in asbestos cases, mostly because the symptoms of asbestos exposure can be easily confused with other illnesses such as emphysema or other types of lung cancer. It is crucial that attorneys have access to these experts who can differentiate the various types of diseases and demonstrate how each illness is the result of different types exposures.
Medical records of asbestos-related victims are typically the most reliable source of this evidence. X-rays, CT scans and biopsy samples are often available to examination. To make the most out of the information available, medical professionals are required to sort through the data, and provide their opinion on the probable causes, probabilities, and other issues.
Medical experts who are called to testify in asbestos cases have a good reputation and have been involved in dozens, if not hundreds of cases. This reputation increases the credibility of these experts to the jury. Furthermore, the experience of the doctors who prepare for testimony ensures that they are able to anticipate questions from the defense team and how to provide evidence to the judge.
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 the mesothelioma patient is in fact diagnosed. It is necessary to prove that the asbestos defendant exposed her to carcinogens and how smoking can increase the risk of mesothelioma.
Athens asbestos lawsuit can constitute a significant portion of the expenses that are associated with asbestos cases. This is why it is important for the attorney representing the client to be able identify and hire the right expert witness for a given case.
At Swartz Campbell, we counsel material suppliers, product manufacturers premises owners, distributors employers, employers and other defendants in asbestos cases in both state and federal courts across the country. Our team of highly experienced and dedicated attorneys is well-versed in asbestos litigation, offensively and defensively. Contact us today for more information on how we can help you.