Asbestos Defense Litigation 101”The Complete” Guide For Beginners

Asbestos Defense Litigation Asbestos cases require careful investigation of the injured person's work history, identifying asbestos products, and finding potential defendants. This could include gathering information from coworkers, family members, abatement workers and studying records. Cetrulo LLP has served as the national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets, and work with local counsel in order to create the same, cost-effective defense strategies. Asbestos Product Identification Asbestos is 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, adhesives, and doors. It is difficult to tell if a material contains or is not made of asbestos simply by looking at it. The best way to identify the presence of asbestos is to have a certified environmental surveyor conduct an inspection. Asbestos fibers are tiny and light, which means they can travel a long distance, even through closed doors and windows. Once they reach the lungs they can cause serious health problems. Asbestos becomes dangerous when it is damaged and releases deadly fibres in the air. It is crucial to not remove or disturb building materials unless they have been properly labeled and accompanied by an inspection. Due to the lengthy latency between exposure and disease the process of obtaining evidence-based discovery in an asbestos action is extremely difficult. There are other significant concerns regarding the admissibility of and testimony of expert witnesses for plaintiffs and the causal connection between exposure to asbestos and disease. In these situations, asbestos defense lawyers can often argue for summary judgement based on the lack of a factual basis. For instance, imagine that plaintiff Paul was involved in a multi-vehicle crash in New York City. However, he has no information regarding the date and location of the accident, the cars involved or any other information that could support the conclusion that defendant David is liable for his injuries. A New York mesothelioma attorney with experience in this field should be consulted. They will analyze the facts of the case, as well as any expert reports or other documents to determine if summary judgment is the right remedy. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients through this process. Asbestos firms who practice across the country can also assist their clients with filing their claims in the most advantageous jurisdiction. This may include 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 found in the construction and other products manufactured before 1989. When these products deteriorate, they release tiny fibers into air that can be breathed in by those in the vicinity. These fibers can cause a variety of types of lung diseases. Lung diseases caused by asbestos exposure include mesothelioma and asbestosis and pleural disease. Inhaling these fibers can cause a number of symptoms, such as chest pain, fatigue, and breath shortness. These symptoms could not be noticed for many years after asbestos exposure. All forms of asbestos, including chrysotile are carcinogenic for humans. Exposure to asbestos can cause cancers of the larynx, lungs, and the ovaries. It can also cause a form of mesothelioma that develops in the linings of body cavities, such as those found in the stomach, the heart and the tests. Mesothelioma is difficult to diagnose because it has a latent period of time and has symptoms with other diseases like rheumatoid arthritis and sarcoidosis. People most likely to suffer from asbestos-related diseases are those who directly with the material or were exposed to a significant amount of environmental toxins. This includes boilermakers, construction workers, shipyard workers; railroad and U.S. Navy veterans; and those who assisted with cleanup following the Sept. 11, 2001 terrorist attacks. Some of the symptoms for 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 disease by examining the patient's medical background, work history and family background. X-rays and CT scans can help confirm an asbestos-related illness. Patients diagnosed with asbestosis must be yearly tested for lung function test to track the condition. This test can identify the progress of asbestosis and identify other health issues that can be associated with this disease. Patients with this condition must also be vaccinated regularly to prevent the onset of other respiratory ailments such as psoriasis. The EPA offers a TSCA Hotline and an asbestos Ombudsman who can provide further information and help. Asbestos Database Development Asbestos is a class of fibrous minerals that were extensively employed in industrial and construction settings due to its tough, fire retardant, and corrosion-resistant properties. Inhaling asbestos particles can cause a variety medical problems that include mesothelioma which is a cancer of the lungs as well as other organs, and neurological dysfunctions. These conditions may take 30 years or longer to manifest. In many asbestos cases there are multiple defendants and a complex discovery. This can be difficult when the asbestos products involved in a case cannot be identified. To determine the asbestos products involved it is necessary to employ forensic experts in addition to a variety of investigative methods and tools that include interviewing former coworkers, collecting invoices and delivery papers and taking samples at home and work. 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 manufacturers of products distributors, suppliers, and manufacturers as well as contractors. Our team has been the National Coordinating Counsel and Trial Counsel for numerous clients in asbestos litigation and has represented these companies in multiple jurisdictions across the nation. We are also Defense Liaison Counsel to several of these states' asbestos dockets which we manage local and regional counsel to ensure uniform and cost-effective defense strategies and results. Our national approach in managing asbestos defense has proven efficient. In multiple instances it has cut 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 to handling asbestos cases. We have also defended mass toxic tort suits brought against the producers of industrial, pharmaceutical and petrochemical chemicals. These lawsuits are based on claims that exposure to these substances can cause diseases like restrictive and obstructive lung diseases and occupational asthma, as well as cancers of various types and other neurological disorders. Medical Expert Witnesses Expert medical witnesses are essential in asbestos cases, primarily because many of the symptoms of asbestos exposure can be easily confused with other illnesses like emphysema, or other forms of lung cancer. It is essential that lawyers have access to these experts who can help distinguish the various types of diseases and demonstrate how each illness is the result of different exposures. Medical records of asbestos victims are often the most reliable source for this evidence. X-rays, CT scans and biopsy samples are typically available to examination. However, to get the most value from the information available, it is necessary to have medical experts who can analyze the data and opine about probabilities, causation and other issues. Medical experts who are called to testify in asbestos cases have a solid reputation and have been involved in dozens perhaps hundreds, of cases. Pembroke Pines asbestos lawsuit increases their credibility in the eyes of the jury. Furthermore, the experience of these doctors in preparing for trial ensures that they are able to anticipate questions from the defense and how to present their findings to the judge. It is essential that experts from both the scientific and medical fields testify on the different causes of asbestos disease. It is not enough to prove the mesothelioma sufferer is a victim. It is necessary to prove that the asbestos victim exposed her to carcinogens and how smoking can increase the risk of mesothelioma. Expert witness fees can account for much of the overall expenses associated with asbestos cases. 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 manufacturers, suppliers of products distributors, and property owners in asbestos cases before the federal and state courts across the United States. Our team of committed and experienced attorneys are well-versed both offensively and defensively in asbestos litigation. Contact us today to learn how we can assist you.