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What Is Asbestos Defense Litigation And How To Use It
Asbestos Defense Litigation

Asbestos cases must be thoroughly examined. This includes identifying asbestos-related products and locating potential defendants. This can involve obtaining information from co-workers, relatives, 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 coordinate with local attorneys to achieve the same, cost-effective defense strategies.

Asbestos Product Identification

Asbestos can be found in a myriad of building materials -- cement products, paints floor tiles, adhesives artex, insulation, and doors to name just a few. It is very difficult to determine whether or not a material contains asbestos from its appearance alone. The best way to identify asbestos's presence is to have a certified environmental surveyor conduct an inspection.

Asbestos fibers are tiny and light, so they can travel a long distance even through closed doors and windows. Once they get into the lungs, they can lead to the formation of serious health issues. Asbestos is most dangerous when it's damaged and releases harmful fibres into the air. This is why it's very important that building materials not be removed or disturbed unless they are properly labeled and supported by a professional inspection.

Due to the lengthy time between exposure and disease, obtaining meaningful discovery in an asbestos case is extremely challenging. There are also significant concerns regarding the admissibility and testimony of expert witnesses and the causal connection between exposure to asbestos and diseases.

In these cases asbestos defense lawyers often argue for summary judgment based on an lack of a factual basis. For instance, suppose that plaintiff Paul was involved in a multi-vehicle accident in New York City. asbestos class action litigation is not aware of the date, place, cars involved or any other information that could support a conclusion that defendant David was responsible for his injuries.

A New York mesothelioma attorney with experience in this field should be consulted. They will analyze the facts of the case, and any expert reports or other documentation, to determine whether or not summary judgment is an appropriate remedy. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients in this procedure. Asbestos law firms located across the country can help their clients to file their claims in the best jurisdiction. This could be the State of New York, or a federal district court 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 made prior to 1989. When these materials degrade, they release tiny fibers into the air that are inhaled by those in the vicinity. These fibers can cause various lung illnesses.

The lung diseases caused by asbestos exposure include mesothelioma, asbestosis and pleural disease. Those who inhale these fibers may experience a variety of symptoms like chest pain, fatigue and breath shortness. These symptoms might not manifest until years after a person is exposed to asbestos.

All forms of asbestos, including chrysotile, are carcinogenic for humans. Exposure to asbestos causes lung cancer and larynx, as well as ovaries. It also can cause a form of mesothelioma that develops in the linings of body cavities, like those found in the stomach, heart and tests. Mesothelioma isn't easy to diagnose, since it has a long, latent period and has many symptoms that are comparable with other diseases, like rheumatoid arthritis and sarcoidosis.

People who have been exposed to asbestos or who have been exposed to significant environmental factors are at the highest risk of developing asbestos-related illnesses. These include construction workers, boilermakers and shipyard workers; railroad workers and U.S. Navy veterans; and those who participated in clean-up after the Sept. 11, 2001 terrorist attacks. Some of the symptoms of these people include breathing difficulty, chest pain and coughing.

A doctor can determine whether a patient suffers from an asbestos-related illness by examining the patient's medical background, work history and family background. X-rays, CT scans and other tests can help doctors confirm an asbestos-related diagnosis. Patients with asbestosis are advised to have a yearly lung function test. This can help assess their health. This test can detect the progress of asbestosis as well as identify other health issues that may be a result of this disease. Patients with asbestosis should also be vaccinated regularly to prevent other respiratory diseases such as psoriasis. The EPA provides an TSCA Hotline and an Asbestos Ombudsman that can provide additional information and help.

Asbestos Database Development

Asbestos is made up of fibrous minerals. It was widely used in the construction and industry because of its durability and fire retardant as well as corrosion resistance properties. Asbestos particles inhalation can cause numerous medical issues that include mesothelioma which is lung cancer as well as other organs, and neurological problems. These diseases can manifest 30 years or longer.


Many asbestos cases involve multiple defendants and require a complex investigation which is often hampered due to a lack of identification of the correct asbestos products involved in each case. The ability to determine the exact type of asbestos in an asbestos case requires the help of forensic experts, as well as the use of a variety of investigative tools and methods like interviews with former coworkers and other witnesses as well as subpoenaing work order invoices, and delivery papers from employers, and taking samples from workplaces and at home. It is also essential to determine the type of asbestos, such as it's amosite, crysotile, or the crocidolite.

We have extensive experience defending asbestos-related businesses, including distributors, manufacturers suppliers, contractors, and contractors. Our team has been the National Coordinating Counsel and Trial Counsel for a variety of clients in asbestos litigation and has represented these companies in numerous jurisdictions across the country. We are also Defense liaison counsel for several asbestos dockets in these states where we manage the local and regional attorneys to ensure uniform and effective defense strategies as well as results.

Our national approach to managing the asbestos defense has been proven effective and, in multiple instances, has decreased legal spend by millions of dollars when compared to what companies paid when being represented by other firms. The courts across the country have recognized our unique and aggressive approach in managing asbestos cases.

We have also defended mass toxic tort suits brought against manufacturers of pharmaceutical, industrial and petrochemical chemicals. These lawsuits are based on claims that exposure to these substances causes diseases like restrictive and obstructive lung disorders and occupational asthma, as well as cancers of various types and other neurological disorders.

Medical Expert Witnesses

Expert medical witnesses are essential in asbestos cases, primarily because the signs of exposure to asbestos are easily confused with other illnesses like emphysema and other types of lung cancer. It is crucial that attorneys have access to these experts who can help differentiate the various diseases and explain how each disease is the result of different exposures.

The most reliable source of this evidence is the medical records of asbestos victims. X-rays are readily available, as well as CT scans and biopsies. To get the most value out of this information, medical experts must sort through the information and offer their opinion on the probabilities, causes, 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 credibility increases their credibility in the eyes of the jury. Furthermore, the experience of these doctors in preparing for testimonies ensures that they are able to anticipate questions from the defense and how to present information to the judge.

In addition to medical experts in addition, it is essential to have scientific experts to provide evidence on the different causes of asbestos-related illnesses. It is not enough to show that the victim suffers from mesothelioma. It must be demonstrated how the asbestos defendant exposed the plaintiff to the carcinogen and why smoking increased the risk of mesothelioma.

Expert witness fees can be an enormous portion of overall costs associated with asbestos cases. This is the reason it is essential for a lawyer who is defending the case to be able identify and hire the right expert witness for a given case.

We represent material manufacturers, suppliers of products distributors, and property owners in asbestos cases before federal and state courts throughout the country. Our team of dedicated and experienced lawyers are proficient both defensively and offensively in asbestos litigation. Contact us to find out how we can help you.

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