What's The Reason Everyone Is Talking About Asbestos Defense Litigation Right Now
Asbestos Defense Litigation
Asbestos cases require careful investigation of the injured person's work history, identifying asbestos-related materials, and locating potential defendants. This could involve obtaining information from co-workers, relatives, abatement workers, and studying documents and other materials.
Cetrulo LLP has served as the national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets, and coordinate with local attorneys in order to create the same, 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 name just some. It is very difficult to determine whether or not an item is asbestos-free from its appearance only. A certified environmental surveyor can conduct an inspection to determine whether the material is contaminated with asbestos.
When asbestos fibres become airborne, they are small and light, which means they can travel long distances even through closed windows or doors. When they reach the lungs, they can cause serious health problems. Asbestos is dangerous if it is damaged and releases deadly fibres into the air. This is why it's very crucial that building materials never be disturbed or removed without proper labeling and followed by an inspection by a professional.
Due to the long time between exposure and illness finding meaningful evidence in an asbestos lawsuit is extremely difficult. Additionally, there are significant issues related to the admissibility of plaintiffs' experts and testimony on the causal link between asbestos exposure and the onset of disease.
In these types of cases asbestos defense lawyers are often able to argue for summary judgments based on the lack of a solid factual basis. For instance, suppose that plaintiff Paul was involved in a multi-vehicle crash in New York City. He doesn't know the date, time, cars involved or any other information that could lead to the conclusion that defendant David was responsible for his injuries.
In this type of situation in this type of situation, a seasoned New York mesothelioma lawyer should be in contact. They will examine all facts and documents, including any 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 procedure. Asbestos law firms throughout the country can help 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 is still found in buildings and products that were manufactured prior to 1989. When these products deteriorate, they release tiny fibers into the air that can be inhaled by people who are near. These fibers can cause a variety of types of lung diseases.
Lung diseases that are a result of asbestos exposure include the pleural disease (pleural plaques, thickening, and effusions) asbestosis, mesothelioma, and asbestosis. Inhaling asbestos fibers can trigger a number of symptoms, including chest pain, fatigue, and a shortness of breath. These symptoms might not manifest until years after exposure to asbestos.
All forms of asbestos including chrysotile, are carcinogenic to humans. Asbestos exposure can cause cancers of the larynx, lungs and ovaries. It can also trigger mesothelioma which develops in the linings of body cavities, including those in the stomach, heart and tests. Mesothelioma can be difficult to identify, as it has a long, latent period and a variety of symptoms that are similar with other diseases, like rheumatoid arthritis and sarcoidosis.
People most likely to suffer asbestos-related illnesses are those who directly with the material or had exposure to significant environmental hazards. This includes construction workers, boilermakers, 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. These people might be suffering from chest pain, coughing, and breathing difficulties.
A doctor can determine if a patient is suffering from an asbestos-related disease by examining the patient's medical background, work history, and background of family members. X-rays, CT scans and other tests can aid doctors in confirming an asbestos-related diagnosis. Patients diagnosed with asbestosis must undergo a yearly pulmonary function test to monitor the condition. This test can help detect asbestosis ' progression and also identify other health issues that could be associated with the disease. Patients suffering from this condition should also receive regular vaccinations to avoid the development of other respiratory diseases, such as psoriasis. The EPA offers a TSCA Hotline as and an asbestos Ombudsman who can provide additional information and help.
Asbestos Database Development
Asbestos is composed of fibrous minerals. It was extensively employed in industry and construction because of its durability as well as its fire-repellant and corrosion resistance properties. Inhaling asbestos particles can trigger numerous medical issues such as mesothelioma, which is a cancer of the lungs as well as other organs, and neurological disorders. These diseases can manifest over a period of 30 years or more.
In many asbestos cases there are several defendants and complex discovery. This is often complicated when the asbestos 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 array of investigative tools and methods like interviews with former co-workers and other witnesses and subpoenaing work orders, invoices, and delivery documents from employers, and collecting samples from workplaces and at home. It is also necessary to determine the type of asbestos, whether it's amosite, crysotile or crocidolite.
We have a wealth of experience 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 a variety of asbestos litigation clients. We have represented clients across the country. We are also Defense Liaison Counsel for several of the asbestos dockets in the states, which is where we oversee regional and local counsel to ensure consistent and cost-effective defense strategies as well as results.
Our national approach to managing the asbestos defense has been proven effective and, in numerous instances, has decreased legal costs by millions of dollars when compared to the costs companies were paying when they were being represented by other firms. The courts across the country have recognized our unique and aggressive method of handling asbestos cases.
We also have experience the defense of massive toxic tort suits brought against the manufacturers of pharmaceuticals and industrial chemicals and Petrochemicals. Cincinnati asbestos lawyers are based on claims that exposure to these chemicals can cause illnesses such as occupational asthma, restrictive and obstructive pulmonary disorders, and other neurological disorders.
Medical Expert Witnesses
Expert witnesses from medical experts are crucial in asbestos cases, primarily because the signs of exposure to asbestos are easily confused with other conditions such as emphysema or other forms of lung cancer. It is essential that lawyers have access to these experts who can help distinguish the different diseases and show how each illness is the result of different exposures.
The most reliable source of this evidence is in the asbestos victim's medical records. X-rays can be found and can be accessed through CT scans and biopsies. To make the most out of this information, medical experts are required to sort through the data, and provide their views on probabilities, causes, 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 increases their credibility before jurors. Furthermore, the experience of the doctors who prepare for testimony means that they know how to anticipate questions from the defense team and how to present their findings to the court.
It is crucial that both medical and scientific experts testify on the different causes of asbestos-related diseases. It is not sufficient to prove that the victim has mesothelioma. It must be proven that the asbestos victim exposed her to the carcinogen and how smoking can increase the risk of mesothelioma.
Expert witness fees can make up a substantial portion of expenses that are associated with asbestos cases. This is why it is important for a defending attorney to be able to effectively identify and hire the right expert witness for the case.
We represent manufacturers, material suppliers, distributors and premises owners in asbestos cases before state and federal courts across the country. Our team of knowledgeable and dedicated lawyers is knowledgeable in asbestos litigation, both offensively and defensively. Contact us today to learn how we can help you.