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The Reason Behind Asbestos Defense Litigation Has Become Everyone's Obsession In 2023
Asbestos Defense Litigation

Asbestos cases must be thoroughly studied. This includes identifying asbestos-related products and locating potential defendants. This may involve gathering information from co-workers, relatives 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 in order to create consistent, cost-effective defense strategies.

Asbestos Product Identification

Asbestos is found in hundreds of building materials - cement products, paints, flooring tiles, adhesive artex, insulation, and doors to mention a few. It is extremely difficult to determine whether or not the material is asbestos-free based on its appearance alone. A certified environmental surveyor can conduct an inspection to determine whether the material is contaminated with asbestos.

When asbestos fibres are airborne, they're small and light, which means they can travel long distances even through closed windows or doors. When they reach the lungs, they can cause the formation of serious health issues. Asbestos can be dangerous when it is damaged, releasing deadly fibres into the air. It is crucial to avoid removing or destroying construction materials unless they've been properly labelled and accompanied by an inspection.

Due to the lengthy time between exposure and illness finding meaningful evidence in an asbestos case is extremely challenging. There are also serious issues regarding the admissibility of and testimony of expert witnesses for plaintiffs and the causal connection between exposure to asbestos and diseases.

In these types of situations asbestos defense lawyers can often successfully argue for summary judgement due to the absence of a factual foundation. For instance, suppose that plaintiff Paul was involved in a multi-vehicle collision in New York City. But, he doesn't have details about the date or location of the accident, the vehicles involved or any other details that might help to determine that defendant David is liable for his injuries.

In this type of circumstance it is recommended that a skilled New York mesothelioma lawyer should be in contact. They will look over the facts of the case, and any expert reports and other documentation, to determine if summary judgment is an appropriate remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients through this procedure. Asbestos law firms located across the country can assist their clients file their claims in the most appropriate place. This could include the State of New York, or a federal district court located in New York City.

Asbestos Disease Identification

Although asbestos is not being extracted or processed in the United States, it still is present in many buildings and products that were manufactured prior to 1989. These products release fibers into the atmosphere as they degrade. They can be inhaled. These fibers are known to cause various lung illnesses.

Lung diseases caused by asbestos exposure include mesothelioma and asbestosis and pleural disease. The people who breathe in these fibers can experience a range of symptoms like chest pain, fatigue, and breath shortness. 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, larynx and ovaries. It can also cause a type of mesothelioma in the linings found in body cavities, such as the stomach, heart and the testes. asbestos defense litigation isn't easy to identify, as it has a lengthy latent period and has many symptoms that are comparable with other conditions such as sarcoidosis and rheumatoid arthritis.

The most likely to suffer asbestos-related illnesses are those who directly with the material or experienced significant environmental exposure. These include 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. These people may experience chest pain, coughing and breathing problems.

A doctor can determine if a patient has an asbestos-related disease by reviewing a person's medical history, work and family histories. X-rays and CT scans can confirm the presence of asbestos-related conditions. Patients diagnosed with asbestosis must have a yearly lung function test to check the condition. The test can identify asbestosis ' progression and also identify other health issues that could be associated with the disease. Patients suffering from asbestosis must also be vaccinated regularly to prevent the onset of other respiratory diseases like psoriasis. The EPA offers a TSCA Hotline as well as an Asbestos Ombudsman who 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 due to its strength, fire retardant and corrosion resistance properties. The inhalation of asbestos particles can cause a variety of medical conditions, including mesothelioma (a lung cancer and other organs) as well as chronic lung diseases, and neurological problems. These diseases can take 30 years or longer to manifest.

In many asbestos cases there are several defendants and complicated discovery. This is often complicated when the asbestos products that are involved in a particular case cannot be identified. To determine the asbestos products involved the need for forensic experts in addition to various investigative techniques and tools, such as interviewing former colleagues, obtaining invoices and delivery papers and taking samples at home and work. It is also necessary to determine the type of asbestos, such as it's amosite or crysotile, or crocidolite.

We have extensive experience in defending companies involved in the asbestos industry. This includes product manufacturers distributors, suppliers, and manufacturers as well as contractors. Our team has served as National Coordinating Counsel and Trial Counsel for a number 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 several asbestos dockets in these states where we oversee the regional and local attorneys to ensure uniform and effective defense strategies and results.

Our national strategy for managing asbestos defense has successful and, in a number of instances, has decreased legal costs by millions of dollars when compared to the costs companies paid when being represented by other firms. The courts across the country have recognized this unique and aggressive approach in managing asbestos cases.


We have also defended mass toxic tort lawsuits brought against manufacturers of pharmaceutical, industrial and chemical compounds that are petrochemical in nature. These lawsuits stem from assertions that exposure to these chemicals can cause illnesses such as occupational asthma, restrictive and obstructive pulmonary disorders, and a variety of neurological disorders.

Medical Expert Witnesses

Expert witnesses from medical experts are crucial in asbestos cases, mostly because the signs of exposure to asbestos can be easily confused with other ailments such as emphysema or other forms of lung cancer. It is essential for attorneys to have access to experts in these fields to help distinguish the various diseases and to show the causes of each disease by different kinds of exposures.

Medical records of asbestos-related victims are typically the best source for this evidence. X-rays can be found, as well as CT scans and biopsies. To make the most of these data, medical experts are needed to sift the data and offer their opinion on the probable causes, probabilities, and other issues.

Medical experts who are called to testify in asbestos cases have a solid reputation and have been involved in dozens, or even hundreds of cases. This reputation increases their credibility before jurors. These doctors have a lot of experience in preparing themselves to be witnesses, and they know how best to answer questions from defendants and how to present the information to the judge.

It is crucial that experts from both the scientific and medical fields testify on the different causes of asbestos disease. It is not enough to prove that the mesothelioma patient is in fact diagnosed. 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 constitute a significant portion of the costs associated with asbestos cases. It is therefore important that a defense attorney is capable of quickly identifying and select the most qualified expert witness for a particular case.

At Swartz Campbell, we counsel material manufacturers, suppliers premises owners, distributors employers, employers and other defendants in asbestos cases in federal and state courts across the nation. Our team of committed and experienced lawyers are proficient both defensively and offensively in asbestos litigation. Contact us today to learn how we can assist you.

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