Asbestos Defense Litigation

Asbestos cases require diligent examination of the person who was injured's work history, identifying asbestos products, and finding potential defendants. This may involve gathering information from relatives, coworkers or abatement workers and analyzing records and materials.

Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets and collaborate with local counsel to develop efficient, cost-effective defense strategies.

Asbestos Product Identification

Asbestos can be found in a variety of building materials, such as cement products, paints, and floor tiles. It is also present in adhesives, artex, doors insulation, and adhesives. It can be very difficult to determine if an item is asbestos-free from its appearance by itself. The best way to identify the presence of asbestos is to have a certified environmental surveyor inspect the material.

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 can cause serious health issues. Asbestos can be dangerous when it is damaged and releases harmful fibres into the air. This is why it's crucial that building materials never be tampered with or removed unless they are properly labeled and accompanied by an inspection by a professional.

Due to the lengthy time between exposure and disease finding meaningful evidence in an asbestos lawsuit is extremely difficult. There are also significant issues regarding the admissibility and testimony of plaintiffs' expert witnesses and the causal connection between exposure to asbestos and disease.

In these types of cases, asbestos defense attorneys are often able to argue for summary judgments based on the lack of a factual basis. For instance, imagine that plaintiff Paul was involved in a multi-vehicle collision in New York City. However, he has no information about the date and location of the accident, the cars involved, or any other facts that might be used to prove that defendant David is liable for his injuries.

In this type of circumstance, an experienced New York mesothelioma lawyer should be in contact. They will review all the facts and documents, including expert reports, to determine if summary judgment is the right solution. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can assist their clients in this process. Asbestos firms that practice nationwide can also assist their clients with filing their claims in the most appropriate jurisdiction. This could be the State of New York, or a federal district court located in New York City.

Asbestos Disease Identification

Asbestos is no longer mined in the United States. However, it is still found in the construction and other products that were manufactured prior to 1989. These products release fibers into the air when they begin to degrade. They can be breathed in. These fibers have been known to cause many lung illnesses.

Lung diseases caused by asbestos exposure include mesothelioma, asbestosis and pleural disease. People who breathe in asbestos fibers may experience a variety of symptoms such as chest pain, fatigue and shortness of breath. These symptoms could not be noticed for decades after an asbestos exposure.

All forms of asbestos, including chrysotile are carcinogenic to humans. Exposure to asbestos causes lung cancer and larynx, as well as ovaries. It also can cause mesothelioma which develops in the interior of body cavities, like those in the stomach, heart and testes. Mesothelioma can be difficult to recognize, 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 ailments. This includes boilermakers, construction workers and shipyard workers, railroad and U.S. Navy veterans; and those who assisted with cleaning up after the Sept. 11, 2001 terrorist attacks. Some of them might experience chest pain, coughing or breathing problems.

A doctor can determine whether a patient has an asbestos-related disease by reviewing the 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 encouraged to have a yearly lung function test. This can help assess their health. This test can detect asbestosis progression and identify other health problems that may be connected to the condition. Patients with asbestosis should also get regular vaccinations to avoid other respiratory diseases like psoriasis. The EPA offers a TSCA Hotline as and an asbestos Ombudsman who can provide more information and assistance.

Asbestos Database Development

Asbestos is comprised of fibrous minerals. It was widely used for construction and industry due to its strength, fire retardant and corrosion resistance properties. The inhalation of asbestos particles can cause a range of medical conditions, including mesothelioma (a cancer of the lungs and other organs) as well as chronic lung diseases, and other neurological dysfunctions. These illnesses may take 30 years or more to manifest.

In many asbestos cases there are several defendants and complex discovery. This is often complicated when the asbestos products involved in a case cannot be identified. The ability to identify each product in an asbestos case requires the assistance of forensic experts, as well as the use of a wide range of investigative tools and methods like interviews with former co-workers and other witnesses, subpoenaing work orders, invoices, and delivery documents from employers, and collecting samples from both workplaces and homes. Anchorage asbestos lawsuit of asbestos- amosite, chrysotile, or crocidolite -- must be identified.

We have a wealth of experience defending companies involved in the asbestos industry. This includes companies that manufacture products distributors, suppliers and manufacturers as well as contractors. Our team has served as National Coordinating Counsel and Trial Counsel for a variety of clients in asbestos litigation, and we have defended the companies in a variety of jurisdictions across the nation. We are also Defense Liaison Counsel for a number of the states' asbestos dockets, where we manage regional and local counsel to ensure uniform and cost-effective defense strategies as well as outcomes.

Our national approach in managing asbestos defense has proven to be effective. In numerous instances, it has reduced legal costs by millions of dollars when compared to the amount companies pay to other companies. Courts across the country have recognized our unique and aggressive approach to handling asbestos cases.

We also have experience defending mass toxic tort suits brought against the manufacturers of pharmaceuticals and industrial chemicals and petroleum chemicals. These lawsuits are based on claims that exposure to these substances can cause diseases like restrictive and obstructive lung disorders and occupational asthma, as well as cancers of different types, and other neurological conditions.

Medical Expert Witnesses

Expert witnesses from medical experts are crucial in asbestos cases, principally because many of the symptoms of asbestos exposure can be easily confused with other conditions like emphysema and other forms of lung cancer. It is vital that lawyers have access to these experts who can differentiate the various types of diseases and demonstrate how each disease is the result of different exposures.

Medical records of asbestos victims are usually the most reliable source for this proof. X-rays are available as are CT scans and biopsies. To make the most of this information, medical experts are needed to sift the data, and provide their opinions on probabilities, causes, and other issues.

The medical experts involved in asbestos cases are typically well-known and have testified in dozens, or even hundreds of other cases. This reputation increases the credibility of these experts in the eyes the jury. Furthermore, the experience of these doctors in preparing for testimony is that they know how to anticipate questions from the defense team and how to present information to the judge.

In addition to medical professionals It is also essential to have experts from the scientific community testify about the various causes of asbestos diseases. It is not enough to prove the mesothelioma sufferer is a victim. It must be shown that the asbestos victim exposed her to the carcinogen and how smoking can increase the risk of mesothelioma.

Expert witness fees can account for a large portion of the overall expenses associated with asbestos cases. Therefore, it is crucial that a defense attorney be capable of quickly identifying and hire the best expert witness for any given 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 lawyers is knowledgeable in asbestos litigation, both offensively and defensively. Contact us today to learn how we can help you.
Anchorage asbestos lawsuit