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Asbestos Defense Litigation
Asbestos cases require diligent examination of the person who was injured's work background, identifying asbestos-related products, and locating potential defendants. This may involve gathering information from coworkers, family members, abatement workers, and analyzing documents.
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 to achieve efficient, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is found in a variety of building materials, including cement products, paints, and floor tiles. It is also found in adhesives, artex, doors insulation, adhesives, and doors. It is difficult to determine whether a particular product has or is not made of asbestos simply by looking at it. The best method to detect asbestos's presence is to have a certified environmental surveyor inspect the material.
When asbestos fibres become airborne, they are tiny and light, meaning they can travel for long distances even through closed doors or windows. When they reach the lungs, they can cause the development of serious health conditions. Asbestos is dangerous if it is damaged and releases deadly fibres into the air. This is why it's important that building materials not be tampered with or removed unless they are properly labeled and followed by an expert inspection.
Due to the long latency between asbestos exposure and disease, it is very difficult to obtain relevant evidence in an asbestos lawsuit - research by the staff of Blogfreely,. In addition there are significant issues related to the admissibility of experts from plaintiffs and testimony on the causal link between asbestos exposure and diseases.
In these cases, asbestos defense lawyers can often argue for summary judgment in the lack of a factual basis. For instance, imagine that plaintiff Paul was involved in a multi-vehicle crash in New York City. He is not aware of the date, location, cars involved or any other details that could be used to support a conclusion that defendant David was liable for his injuries.
In this kind of scenario, an experienced New York mesothelioma lawyer should be consult. They will review the facts of the case, along with any expert reports and other documents to determine if summary judgment is the right remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients through this process. Asbestos law firms throughout the country can assist their clients to file their claims in the most appropriate jurisdiction. This could be the State of New York or a federal court in New York City.
Asbestos Disease Identification
Asbestos is not being mined in the United States. However, it can still be found in buildings and products that were manufactured prior to 1989. When these materials degrade they release tiny fibers into the air that can be breathed in by people who are near. These fibers can cause several types of lung diseases.
Lung diseases related to asbestos exposure include 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 breath shortness. These symptoms may not be apparent until years after exposure to asbestos lawyers.
All forms of asbestos, including chrysotile, are carcinogenic to humans. Exposure to asbestos causes lung cancers and larynx, as well as ovaries. It can also cause a form of mesothelioma that is found in the linings of body cavities like the stomach, heart and the testes. Mesothelioma isn't easy to diagnose, since it has a lengthy latent period and has many symptoms that are comparable with other conditions, such as rheumatoid arthritis and sarcoidosis.
People most likely to suffer from asbestos-related diseases are those who have worked directly with the material or were exposed to a significant amount of environmental toxins. This includes construction workers, boilermakers, and shipyard workers. Included are railroad workers and U.S. Navy vets and those who helped clean up after the terrorist attacks of September 11, 2001. Some of the symptoms for these people include breathing difficulty as well as chest pain and coughing.
A doctor can tell if an individual suffers from an asbestos-related disease by reviewing a person's medical history, work and family histories. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos-related illness. Patients with asbestosis are advised to have a yearly lung function test. This will help keep track of their condition. This test can detect the progression of asbestosis and identify other health issues that may be related to this condition. Asbestosis sufferers should be vaccinated regularly to prevent other respiratory diseases such as psoriasis. The EPA has a TSCA Hotline as well as an asbestos Ombudsman who can provide more information and help.
Asbestos Database Development
Asbestos is one of the fibrous minerals that were extensively employed in industrial and construction settings because of its durable fire-resistant, fire-proof, and corrosion-resistant properties. Asbestos particles inhalation can cause numerous medical issues such as mesothelioma, which is lung cancer as well as other organs, and neurological problems. These conditions can manifest for in 30 years or more.
Many asbestos cases involve multiple defendants and require complex discovery that is often complicated due to a lack of identification of the right asbestos attorney products in every case. To identify each asbestos product the need for forensic experts in addition to a variety of investigative methods and tools like interviewing former colleagues, obtaining invoices and delivery documents, and taking samples at work and at home. It is also important to determine the type of asbestos, whether it's amosite or crysotile, or crocidolite.
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 served as National Coordinating Counsel and Trial Counsel for a variety of asbestos litigation clients and has represented the companies in a variety of jurisdictions across the nation. We are also Defense liaison counsel for various asbestos dockets in these states where we manage the local and regional attorneys to ensure uniform and efficient defense strategies and outcomes.
Our national approach in managing asbestos defense has proven to be effective. In numerous instances it has cut legal costs by millions of dollars when contrasted to the amount that corporations pay to other firms. Courts across the nation have recognized our unique and aggressive approach to handling asbestos cases.
We also have experience defending mass toxic tort lawsuits filed against pharmaceutical companies and industrial chemicals and Petrochemicals. These lawsuits are based upon claims that exposure to these chemicals has caused illnesses such as occupational asthma, restrictive and obstructive pulmonary disorders, and other neurological disorders.
Medical Expert Witnesses
Medical expert witnesses are critical in asbestos cases, principally because the signs of exposure to asbestos can be easily confused with other illnesses like emphysema, or other types of lung cancer. It is vital that lawyers have access to these experts who can differentiate the different diseases and show the way each disease is a result of different types exposures.
Medical records of asbestos victims are usually the best source for this proof. X-rays, CT scans and biopsy samples are usually available for review. To get the most value out of these data, medical experts must sort through the information and offer their opinions on probabilities, causes, and other issues.
Medical experts who provide testimony in asbestos cases have a good reputation and have been involved in dozens perhaps hundreds, of cases. This credibility boosts the credibility of these experts in the eyes the jury. These doctors have a lot of experience in preparing to testify, and therefore they know the best way to answer questions from defendants and how to present the evidence to the judge.
It is essential that both scientists and medical experts present their opinions on the various causes of asbestos disease. It is not enough to prove that a victim has mesothelioma. It must be shown that the asbestos victim exposed her to carcinogens and how smoking can increase the risk of mesothelioma.
Expert witness fees can make up an important portion of expenses that are associated with asbestos attorney cases. This is the reason it is essential for a defending attorney to be able find and select the best expert witness for a given case.
We represent material manufacturers, suppliers of products distributors, and property owners in asbestos cases in the federal and state courts across the country. Our team of highly experienced and dedicated lawyers is knowledgeable in asbestos litigation, both offensively and defensively. Contact us today to find out how we can help you.