5 Asbestos Defense Litigation Lessons From The Pros
Asbestos Defense Litigation
Asbestos cases need to be thoroughly studied. This includes identifying asbestos-related products and locating potential defendants. This can involve obtaining information from relatives, coworkers 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 attorneys to develop the same, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is present in a variety of building materials, including cement products, paints and floor tiles. It is also present in adhesives, artex, doors insulation, adhesives, and doors. It is hard to determine if a material contains asbestos or not simply by looking at it. A certified environmental surveyor can conduct an inspection to determine the presence of asbestos.
When asbestos fibres become airborne, they're small and light - meaning they can travel long distances even through windows or doors. Once they reach the lungs they could cause serious health issues. Asbestos is dangerous if it is damaged and releases harmful fibres 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 disease, obtaining meaningful discovery in an asbestos lawsuit is extremely difficult. Additionally there are a number of concerns regarding the admissibility of experts from plaintiffs and their testimony regarding the causal link between asbestos exposure and diseases.
In these instances, asbestos defense lawyers can often argue for summary judgment in the absence of factual basis. For example, imagine that plaintiff Paul was involved in a multi-vehicle accident in New York City. However, he does not have information regarding the date and location of the accident, the vehicles involved or any other details that might be used to prove that defendant David is liable for his injuries.
In this kind of scenario it is recommended that a skilled New York mesothelioma lawyer should be consulted. They will look over the facts of the case, as well as any expert reports or other documentation to determine whether or not summary judgment is the right remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients in this procedure. Asbestos firms that practice nationwide can assist their clients in filing their claims in the most advantageous jurisdiction. This could be the State of New York or a federal court located in New York City.
Asbestos Disease Identification
Asbestos is not being mined in the United States. However, it is still present in products and buildings manufactured before 1989. When these products deteriorate, they release tiny fibers into the air that can be breathed in by those who are nearby. These fibers can cause several kinds of lung diseases.
Lung diseases related to asbestos exposure include pleural disease (pleural plaques, thickening, and effusions) as well as mesothelioma and asbestosis. Inhaling these fibers can cause many symptoms, such as chest pain, fatigue, and shortness of breathe. These symptoms might not show up until decades after a person is exposed to asbestos.
All forms of asbestos, including chrysotile, are carcinogenic to humans. Exposure to asbestos can cause cancers of the lungs, larynx, and the ovaries. It can also cause a form of mesothelioma that develops in the interior of body cavities, such as those in the stomach, the heart and the testes. Mesothelioma isn't easy to identify, as it has a long latent period and many similar symptoms with other conditions, such as sarcoidosis and rheumatoid arthritis.
People who have worked with asbestos or have been exposed to significant environmental elements are at greatest risk of developing asbestos-related diseases. This includes construction workers, boilermakers, and shipyard workers. Included are railroad workers and U.S. Navy vets and those who assisted in cleaning up after the terrorist attacks of September 11, 2001. These people might experience chest pain, coughing, and breathing difficulties.
A doctor can determine if a patient is suffering from an asbestos-related condition by examining the patient's medical background, work history and background of family members. X-rays and CT scans can help confirm an asbestos-related condition. Patients with asbestosis are encouraged to have a lung function test. This will help keep track of their condition. This test can help detect asbestosis ' progression and also identify other health issues that could be related to the disease. Patients suffering from asbestosis should get regular vaccinations to avoid other respiratory illnesses like psoriasis. The EPA provides a TSCA Hotline and an asbestos Ombudsman who can provide further information and help.
Asbestos Database Development
Asbestos is one of the fibrous minerals that was often employed in industrial and construction settings because of its durable, fire retardant, and corrosion resistant properties. Inhaling asbestos particles can cause numerous medical issues such as mesothelioma, which is lung cancer, other organs, and neurological disorders. These diseases may take 30 years or more to appear.
Many asbestos cases are multi-defendant and involve complex discovery that is often complicated because of a failure to identify the proper asbestos products involved in each case. To determine the asbestos products involved the need for forensic experts along with a variety of investigative techniques and tools that include interviewing former co-workers, obtaining invoices and delivery documents, and taking samples at home and work. The type of asbestosamosite, chrysotile or crocidolite -- should also be determined.
We have extensive experience in defending asbestos-related businesses which includes product manufacturers, distributors suppliers, contractors, and contractors. Our team has served as National Coordinating Counsel, Trial Counsel and Defense Counsel for numerous clients involved in asbestos litigation. We have represented companies across the country. We also serve as Defense liaison counsel for several asbestos dockets in these states, where we manage the regional and local attorneys to ensure consistency and effective defense strategies and outcomes.
Our national strategy for managing asbestos defense has proved to be effective and, in numerous instances, has decreased legal costs by millions of dollars when compared to what companies were paying when they were being represented by other firms. This unique and abrasive approach to managing asbestos cases has been acknowledged by courts throughout the country.
We also have defended mass toxic tort suits brought against manufacturers of pharmaceutical, industrial and petroleum chemical substances. These lawsuits stem from claims that exposure to these chemicals causes diseases like restrictive and obstructive lung disorders and occupational asthma, as well as cancers of all kinds and a variety of neurological conditions.
Medical Expert Witnesses
Medical expert witnesses are critical in asbestos cases, mostly because the symptoms of asbestos exposure can be easily confused with other conditions such as emphysema or other types of lung cancer. It is essential for attorneys to have access to experts in these fields who can aid in identifying different illnesses and show 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, CT scans and biopsy samples are usually available for examination. However, to get the most benefit from this information, it's necessary to have medical experts who are able to analyze the data and opine about probabilities, causation and other issues.
Medical experts who provide testimony in asbestos cases have a solid reputation and have been involved in dozens or even hundreds of cases. This credibility boosts the credibility of these experts to the jury. Additionally, the knowledge and 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 court.
It is crucial that both medical and scientific experts present their opinions on the various causes of asbestos disease. It is not enough to prove that the victim has mesothelioma. It must be proven that the asbestos defendant exposed the plaintiff to carcinogens and the reason smoking increased the risk of mesothelioma.
Expert witness fees can make up a substantial portion of expenses associated with asbestos cases. This is why it is crucial for the attorney representing the client to be able to efficiently choose and employ the most suitable expert witness for the case.
latest asbestos litigation represent material suppliers, product manufactures, distributors and premises owners in asbestos cases before federal and state courts throughout the United States. Our team of committed and experienced attorneys are well-versed both defensively and offensively in asbestos litigation. Contact us today for more information on how our firm can assist you.