Asbestos Defense Litigation 101 The Ultimate Guide For Beginners

Asbestos Defense Litigation

Asbestos cases need to be thoroughly studied. This includes identifying asbestos-related products and locating potential defendants. This can involve obtaining information from relatives, coworkers asbestos abatement workers, as well as analysing documents and other material.

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

Asbestos Product Identification

Asbestos can be present in a variety of building materials, including cement products, paints and floor tiles. It is also found in artex, adhesives doors insulation, and adhesives. It is difficult to tell whether a particular product has or is not made of asbestos based on its appearance. A professional environmental surveyor can conduct an inspection to determine whether the material is contaminated with asbestos.

Asbestos fibers are tiny and light, so they can travel a considerable distance, even through closed doors or windows. Once  Bellingham asbestos attorneys  reach the lungs they can cause serious health issues. Asbestos is most dangerous when it is damaged, releasing deadly fibres into the air. It is vital to not disturb or remove construction materials unless they've been properly labeled and accompanied by an inspection.

Due to the long latency between exposure to asbestos and the development of disease It is extremely difficult to obtain a meaningful evidence in an asbestos lawsuit. In addition there are a number of issues regarding the admissibility of plaintiffs' experts and testimony on the causal connection between asbestos exposure and disease.

In these kinds of situations asbestos defense lawyers are often able to successfully argue for summary judgments due to the lack of a factual basis. Imagine, for example, that plaintiff Paul was in a multi-vehicle accident in New York City. However, he does not have information regarding the date and location of the accident, the vehicles involved or any other information that might be used to prove that defendant David is liable for his injuries.

A New York mesothelioma attorney with expertise in this field is recommended. They will look over the details of the case and any expert reports and other documents to determine whether or not summary judgment is an appropriate remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can aid their clients in this process. Asbestos law firms across the country can assist their clients submit their claims to the most appropriate 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 can still be present in products and buildings made prior to 1989. These products release fibers into the atmosphere as they degrade. They can be breathed in. These fibers are known to cause various lung illnesses.

Lung diseases resulting from asbestos exposure include pleural disease (pleural plaques, thickening and effusions) asbestosis, mesothelioma, and asbestosis. The people who breathe in these fibers can experience a range of symptoms, including chest discomfort, fatigue, and shortness of breath. These symptoms could not manifest until years after exposure to asbestos.

All forms of asbestos, including chrysotile, are carcinogenic for humans. Exposure to asbestos causes cancers of the lung and larynx, as well as ovaries. It can also cause a type of mesothelioma within the linings that line body cavities such as the heart, stomach and testes. Mesothelioma is difficult to identify because it has a long period of time and shares many symptoms with other conditions such as rheumatoid joint arthritis and sarcoidosis.

The most likely to develop asbestos-related illnesses are those who have worked directly with the substance or experienced significant environmental exposure. This includes boilermakers, construction workers 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. Some of the symptoms of these people include breathing difficulty, chest pain and coughing.

A doctor can determine if a patient is suffering from an asbestos-related condition by reviewing the person's medical history, work history and family background. X-rays and CT scans can help confirm the presence of asbestos-related conditions. Patients diagnosed with asbestosis should undergo a yearly lung function test to check the condition. The test will help detect the progress of asbestosis and identify other health issues that can be a result of this disease. Patients suffering from asbestosis should also get regular vaccinations to avoid the development of other respiratory ailments, such as psoriasis. The EPA has a TSCA Hotline as well as an Asbestos Ombudsman who can provide additional information and support.

Asbestos Database Development

Asbestos is made up of fibrous minerals. It was widely used in the construction and industry due to its strength, fire retardant and corrosion resistance properties. The inhalation of asbestos particles, however, can cause a range of medical issues, including mesothelioma (a lung cancer and other organs), chronic lung diseases, and other neurological disorders. These illnesses can be seen for over a period of 30 years or more.

In many asbestos cases there are several defendants and a complex discovery. This can be difficult when the asbestos products involved in a case can't be identified. To identify each asbestos product, forensic experts are needed along with a variety of investigative techniques and tools that include interviewing former colleagues, obtaining invoices and delivery documents, and taking samples at work and at home. The type of asbestos -- amosite, chrysotile, or crocidolite -- should also be determined.

We have a wealth of experience in defending companies in the asbestos industry which includes product manufacturers, distributors, suppliers, and contractors. Our team has been National Coordinating Counsel and Trial Counsel for a number of clients in asbestos litigation and has defended these companies in numerous jurisdictions across the United States. We also serve as Defense Liaison Counsel for a number of these asbestos dockets in the states, which is where we oversee local and regional counsel to ensure consistent and cost-effective defense strategies and results.

Our national approach to managing asbestos defense has proven efficient. In multiple instances it has cut legal costs by millions of dollars when contrasted with the amount that companies pay to other firms. This unique and abrasive approach to managing asbestos cases has been recognized by the courts across the country.

We also have experience defense of mass toxic tort lawsuits filed against the manufacturers of pharmaceuticals and industrial chemicals and petroleum chemicals. These lawsuits stem from claims that exposure to these substances causes diseases like restrictive and obstructive lung conditions and occupational asthma, as well as cancers of various types and a variety of neurological conditions.

Medical Expert Witnesses

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

The most reliable evidence for this is in the asbestos victim's medical records. X-rays are readily available, as well as CT scans and biopsies. To get the most value out of this information, medical experts are needed to sift the data and offer their views on probabilities, causes, and other issues.

The medical experts involved in asbestos cases are generally very well-known and have testified in dozens or even hundreds of other cases. This credibility increases the credibility of these experts in the eyes the jury. Furthermore, the experience of the doctors who prepare for testimony means that they know how to anticipate questions from the defense and how to provide evidence to the court.

It is important to have both scientists and medical experts to testify about the various causes of asbestos disease. It is not enough to prove that the victim has mesothelioma. It must be proven that the asbestos defendant exposed her to carcinogens and the reason smoking increases the risk of mesothelioma.

Expert witness fees can be an enormous portion of total costs of an asbestos case. Therefore, it is crucial that the defense attorney is adept at identifying and select the most qualified 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 federal and state courts across the nation. Our team of experienced and dedicated lawyers is knowledgeable in asbestos litigation, offensively and defensively. Contact us to find out what we can do to help you.