10 Unexpected Asbestos Defense Litigation Tips

Asbestos Defense Litigation
Asbestos cases need to be thoroughly investigated. This involves identifying asbestos-containing products and locating potential defendants. This may involve collecting information from family members, coworkers, members, abatement workers, and studying documents.
Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets and coordinate with local counsel in order to create efficient, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is present in a variety of building materials -- cement products, paints, flooring tiles, adhesive, artex, insulation and doors to mention some. It is difficult to tell whether a particular product has asbestos or not based on its appearance. The best way to identify asbestos's presence is to have a certified environmental surveyor conduct an inspection.
When asbestos fibres become airborne, they're small and light - meaning they can travel long distances even through doors or windows. Once they reach the lungs, they can lead to the formation of serious health issues. Asbestos is most dangerous when it becomes damaged and releases harmful fibres into the air. This is why it's crucial that building materials never be disturbed or removed without being properly labeled and supported by a professional inspection.
Due to the lengthy time between exposure and disease the process of obtaining evidence-based discovery in an asbestos case is extremely challenging. There are also serious concerns regarding the admissibility of and testimony of expert witnesses for plaintiffs and the causal connection between exposure to asbestos and diseases.
In these cases, asbestos defense lawyers can often argue for summary judgement based on the absence of a factual foundation. Consider, for instance, that plaintiff Paul was involved in an accident involving multiple vehicles in New York City. He doesn't know the date, location, cars involved or any other information that could support a conclusion that defendant David was responsible for his injuries.
Roanoke asbestos lawyers YouTube with experience in this field is recommended. They will examine all facts and documents, including expert reports to determine if a summary judgment is the right remedy. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can assist their clients through this procedure. Asbestos law firms across the country can help their clients to file their claims in the most appropriate place. This could be the State of New York or a federal court in New York City.
Asbestos Disease Identification
Although asbestos is no longer mined or processed in the United States, it still exists in buildings and products that were manufactured prior to 1989. These products can release fibers into the atmosphere when they deteriorate. They can be breathed in. These fibers have been known to cause many lung diseases.
The lung diseases caused by asbestos exposure include mesothelioma and asbestosis and pleural disease. People who breathe in asbestos fibers can experience a range of symptoms like chest pain, fatigue and breath shortness. These symptoms could not show up until decades after a person is exposed to asbestos.
All forms of asbestos, including chrysotile are carcinogenic for humans. Exposure to asbestos can cause cancers of larynx, lungs and ovaries. It can also cause a form of mesothelioma in the linings of body cavities like the heart, stomach and tests. Mesothelioma is difficult to identify because it has a latent period of time and shares many symptoms with other conditions like rheumatoid arthritis and sarcoidosis.
People most likely to suffer from asbestos-related diseases are those who worked directly with the substance or experienced significant environmental exposure. This includes boilermakers, construction workers, and shipyard workers. Also included are railroad and U.S. Navy vets and those who assisted in cleaning up after the terrorist attacks on September 11, 2001. Some of them might suffer from chest pain, coughing and breathing difficulties.
A doctor can determine whether a patient suffers from an asbestos-related illness by examining the patient's medical background, work history and family history. X-rays, CT scans and other tests can aid doctors in confirming the diagnosis of asbestos. Patients with asbestosis are advised to have a yearly lung function test. This test will allow them to monitor their condition. This test can detect the progression of asbestosis and identify other health issues that could be related to this condition. Patients suffering from asbestosis should also get regular vaccinations to prevent the development of other respiratory illnesses like psoriasis. The EPA provides a TSCA Hotline and an asbestos Ombudsman that can provide additional information and help.
Asbestos Database Development
Asbestos is a group of fibrous minerals that were once widely used in industrial and construction settings because of its durable fire-resistant, fire-proof, and corrosion resistant properties. Inhaling asbestos particles can trigger numerous medical issues, including mesothelioma, lung cancer as well as other organs, and neurological disorders. These diseases may take 30 years or more to appear.
In many asbestos cases there are several defendants and a complex discovery. This is often complicated when the asbestos-related products involved in a case can't be identified. To determine the asbestos products involved, forensic experts are needed along with various investigative techniques and tools that include interviewing former co-workers, obtaining invoices and delivery papers and taking samples at home and at work. It is also necessary to determine the kind of asbestos, if it's amosite, crysotile, or crocidolite.
We have extensive experience in defending asbestos-related companies including distributors, manufacturers, suppliers, and contractors. Our team has served as National Coordinating Counsel, Trial Counsel and Defense Counsel for many clients in asbestos litigation. We have defended companies in multiple jurisdictions across the country. We are also defense liaison counsel for a variety of asbestos dockets in these states, where we oversee the local and regional attorneys to ensure consistent and efficient defense strategies and results.
Our national strategy for managing asbestos defense has proved to be effective and, in multiple instances, has decreased legal expenses by millions of dollars in comparison to the costs companies paid when they were being represented by other firms. This unique and abrasive approach to managing asbestos cases has been praised by the courts across the country.
We have also defended massive toxic tort lawsuits brought against the producers of industrial, pharmaceutical and petrochemical chemicals. These lawsuits are based on the claim that exposure to these chemicals causes diseases like restrictive and obstructive lung conditions, occupational asthma, cancers of different types and other neurological disorders.
Medical Expert Witnesses
Expert witnesses from medical experts are crucial in asbestos cases, mostly because many of the symptoms of exposure to asbestos can be easily confused with other ailments like emphysema, or other types of lung cancer. It is vital that lawyers have access to these experts who can help distinguish the various diseases and explain how each disease is a result of different types exposures.
Medical records of asbestos-related victims are typically the most reliable source of this proof. X-rays, CT scans and biopsy samples are typically available for review. However, in order to get the most value from this information, it is necessary to have medical experts who can sift through the information and make a decision on the probabilities, causation, and other issues.
The medical experts involved in asbestos cases are usually very well-known and have been a witness in dozens or even hundreds of other cases. This reputation increases their credibility in the eyes of the jury. Additionally, the knowledge and experience of the doctors who prepare for testimonies is that they know how to anticipate questions from the defense team and how to provide evidence to the judge.
It is essential 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 shown how asbestos exposure exposed the plaintiff to the carcinogen and why smoking increased the risk of mesothelioma.
Expert witness fees can be an important portion of costs that are associated with asbestos cases. This is why it is crucial for a defending attorney to be able to efficiently identify and hire the right expert witness for a particular case.
We represent material manufacturers, suppliers of products, distributors and premises owners in asbestos cases before federal and state courts throughout the United States. Our team of dedicated and experienced lawyers are proficient both offensively and defensively in asbestos litigation. Contact us today to learn what we can do to help you.