The Reasons Why Asbestos Defense Litigation Is Everyone's Passion In 2023

Asbestos Defense Litigation

Asbestos-related cases must be thoroughly examined. This includes identifying asbestos-related products and finding potential defendants. This could involve obtaining information from co-workers, relatives, abatement workers, and studying documents and other materials.

Cetrulo LLP has served as regional and national Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and collaborate with local counsel to achieve the same, cost-effective defense strategies.

Asbestos Product Identification

Asbestos is found in hundreds of building materials - cement products, paints floor tiles, adhesive, artex, insulation and doors to name just a few. It is difficult to determine whether a particular product has or does not contain asbestos simply by looking at it. A certified environmental surveyor can conduct an inspection to determine the presence of asbestos.

Asbestos fibers are tiny and light, which means they can travel a long distance, even through closed doors and windows. When they reach the lungs, they could cause serious health issues. Asbestos becomes dangerous when it is damaged and releases harmful fibres into the air. This is why it's important that building materials don't be tampered with or removed without being properly labeled and accompanied by a professional inspection.

Due to the long latency between asbestos exposure and illness, it is very difficult to obtain a meaningful evidence in an asbestos lawsuit. 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 the onset of disease.

In these situations, asbestos lawsuit defense lawyers can often argue for summary judgment based on the absence of a factual foundation. Imagine, for example, that plaintiff Paul was in an accident involving multiple vehicles in New York City. But, he doesn't have information about the date and location of the accident, the vehicles involved or any other information that could help to determine that defendant David is liable for his injuries.

A New York mesothelioma attorney with experience in this field should be consulted. They will go through all facts and documents, including any expert reports, to determine if summary judgment is the best solution. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can assist their clients through this procedure. Asbestos firms that practice nationwide can also assist their clients with filing their claims in the most advantageous jurisdiction. This could 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 can still be found in the construction and other products made prior to 1989. When these products deteriorate, they release tiny fibers into the air that can be breathed in by those in the vicinity. These fibers have been known to cause a variety of lung diseases.

Lung diseases that are a result of asbestos exposure include pleural disease (pleural plaques, thickening and effusions), asbestosis and mesothelioma. The people who breathe in these fibers may experience a variety of symptoms, including chest pain, fatigue, and shortness of breath. These symptoms may not manifest until years after a person is exposed to asbestos.

All forms of asbestos, including chrysotile, are carcinogenic to humans. Exposure to asbestos lawsuits can cause cancers of the lungs, larynx, and the ovaries. It can also cause a type of mesothelioma within the linings that line body cavities like the heart, stomach and testes. Mesothelioma can be difficult to diagnose, since it has a long, latent period and many similar symptoms with other conditions, such as rheumatoid arthritis and sarcoidosis.

The most likely to suffer from asbestos-related diseases are those who worked directly with the material or experienced significant environmental exposure. 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 may suffer from chest pain, coughing, and breathing difficulties.

A doctor can determine if the patient suffers from an asbestos-related illness by looking over the medical, work and family history. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos-related illness. Patients who are diagnosed with asbestosis should be yearly tested for pulmonary function test to monitor the condition. This test can help detect asbestosis progression and identify other health issues that could be connected to the condition. Patients suffering from asbestosis should also get regular vaccinations to avoid the onset of other respiratory ailments, such as psoriasis. The EPA offers a TSCA Hotline as well as an asbestos lawsuits Ombudsman who can provide more information and support.

Asbestos Database Development

Asbestos is composed of fibrous minerals. It was extensively used for construction and industry because of its durability as well as its fire-repellant and corrosion resistance properties. Inhaling asbestos particles, however, can lead to a variety of medical issues, including mesothelioma (a cancer of the lungs and other organs), chronic lung diseases, and neurological disorders. These diseases can manifest over a period of 30 years or more.

In many asbestos cases, there are multiple defendants and complicated discovery. This is often complicated when the asbestos-related products involved in a case cannot be identified. To determine the asbestos products involved it is necessary to employ forensic experts, as well as various investigative methods and tools that include interviewing former co-workers, obtaining invoices and delivery documents and taking samples at home and work. The type of asbestos -- amosite, chrysotile, or crocidolite -- should also be determined.

We have extensive experience defending asbestos-related companies which includes distributors, manufacturers suppliers, contractors, and contractors. Our team has been the National Coordinating Counsel and Trial Counsel for a number of asbestos litigation clients, and we have defended these companies in numerous jurisdictions across the nation. We are also defense liaison counsel for a variety of asbestos dockets in these states, where we manage the regional and local attorneys to ensure consistent and effective defense strategies as well as outcomes.

Our national approach to managing the asbestos defense has been successful and, in numerous instances, has decreased legal spend by millions of dollars when compared to what companies were paying when they were being represented by other firms. This unique and aggressive method of managing asbestos cases has been acknowledged by the courts across the country.

We are also experienced in defense of mass toxic tort lawsuits filed against manufacturers of pharmaceutical and industrial chemicals and Petrochemicals. These lawsuits are based on the claim that exposure to these chemicals can cause 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

Expert medical witnesses in asbestos cases are crucial, mainly because many symptoms of asbestos exposure may be confused with other illnesses such as emphysema or other forms of lung carcinoma. It is essential for attorneys to have access to experts in these fields who can help distinguish the various illnesses and show how each disease is caused by different types of exposure.

Medical records of asbestos victims are often the most reliable source for this proof. X-rays, CT scans and biopsy samples are often available for review. However, in order to get the most value from this information, it is essential to have medical professionals who can sift through the data and opine about the probabilities, causation, and other issues.

Medical experts who testify in asbestos cases have a great reputation and have been involved in dozens if not hundreds of cases. Their reputation boosts their credibility before jurors. They have a lot of experience when it comes to preparing to testify, and therefore they know how best to answer questions from defendants and how to present the information to the court.

It is crucial that experts from both the scientific and medical fields to testify about the various causes of asbestos disease. It is not enough to prove that the patient has mesothelioma. It must be shown how asbestos exposure exposed the plaintiff to the carcinogen and the reason smoking increased the risk of mesothelioma.

Expert witness fees can be an important portion of costs associated with asbestos cases. This is the reason it is essential for the attorney representing the client to be able choose and employ the most suitable expert witness for a particular case.

At Swartz Campbell, we counsel material manufacturers, suppliers premises owners, distributors employers, and other defendants in asbestos cases in state and federal courts across the nation. Our team of knowledgeable and dedicated attorneys is well-versed in asbestos lawyers litigation, both offensively and defensively. Contact us today for more information on what we can do to assist you.