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The Unknown Benefits Of Asbestos Defense Litigation
Asbestos Defense Litigation

Asbestos-related cases must be thoroughly investigated. This includes identifying asbestos products and finding potential defendants. This can involve obtaining 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 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 name just the most common. It is difficult to tell whether a product contains or does not contain asbestos simply by looking at it. The most effective method to determine asbestos' presence is to have an experienced environmental surveyor inspect the material.

Asbestos fibres are small and light, which means they can travel a long distance even through closed doors or windows. Once they reach the lungs they can cause serious health issues. Asbestos can be dangerous when it's damaged and releases deadly fibres into the air. It is vital to not disturb or remove building materials unless they have been properly labelled and accompanied by an inspection.

Due to the lengthy latency between exposure and disease finding meaningful evidence in an asbestos case is extremely difficult. There are other significant concerns regarding the admissibility of and testimony of expert witnesses and the causal connection between exposure to asbestos and disease.

In these cases, asbestos defense lawyers can typically argue for summary judgement in the absence of a factual foundation. For instance, imagine that plaintiff Paul was involved in a multi vehicle accident in New York City. But, he doesn't have information regarding the date and location of the accident, the cars involved or any other information that might 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 expert reports to determine if a summary judgment is the right solution. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients with 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 located in New York City.

Asbestos Disease Identification

Although asbestos is no longer mined or processed in United States, it still is present in many buildings and products that were manufactured prior to 1989. As these products degrade they release tiny fibers into air that can be breathed in by those in the vicinity. These fibers can cause various lung ailments.

Lung diseases related to asbestos exposure include the pleural diseases (pleural plaques, thickening and effusions) asbestosis, mesothelioma, and asbestosis. Those who inhale these fibers may experience a variety of symptoms, including chest pain, fatigue and breath shortness. These symptoms may not show up until decades after a person is exposed to asbestos.

All forms of asbestos, including chrysotile are carcinogenic to humans. Asbestos exposure can lead to cancers of the lungs, larynx, and ovaries. It can also cause a type of mesothelioma that is found in the linings that line body cavities, such as the stomach, heart and the testes. Mesothelioma can be difficult to recognize, as it has a long, latent period and has many symptoms that are comparable with other diseases, like rheumatoid arthritis and sarcoidosis.


Those who have been exposed to asbestos or who have been exposed to significant environmental elements are the most at risk of developing asbestos-related diseases. This includes construction workers, boilermakers and shipyard workers. Included are railroad workers and U.S. Navy vets and those who worked to clean up after the terrorist attacks of September 11, 2001. Some of the symptoms for those who suffer from this condition include difficulty breathing as well as chest pain and coughing.

A doctor can determine if a patient is suffering from an asbestos-related condition by looking at the patient's medical history, work history and background of family members. X-rays and CT scans can help confirm an asbestos-related condition. Patients suffering from asbestosis are advised to have a yearly lung function test. This can help keep track of their condition. This test can detect asbestosis's progress and reveal other health problems that may be connected to the condition. Patients with asbestosis should also be vaccinated regularly to prevent other respiratory diseases such as psoriasis. The EPA provides a TSCA Hotline and an Asbestos Ombudsman who can provide additional information and assistance.

Asbestos Database Development

Asbestos is comprised of fibrous minerals. It was widely employed in industry and construction due to its strength, fire retardant and corrosion resistance properties. Inhaling asbestos particles can cause various health issues such as mesothelioma, which is a cancer of the lungs as well as other organs, and neurological disorders. These diseases can manifest in 30 years or more.

In many asbestos cases there are several defendants and a complex discovery. This can be a challenge when the asbestos materials involved in a case cannot be identified. The ability to determine the exact type of asbestos in an asbestos case requires the help of forensic experts and the use of a wide variety of investigative tools and methods such as inter view s with former co-workers and other witnesses, subpoenaing work orders, invoices, and delivery documents from employers, and taking samples from home and workplaces. It is also necessary to determine the kind of asbestos, if it's amosite, crysotile, or crocidolite.

We have extensive experience in defending companies involved in the asbestos industry. This includes companies that manufacture products, distributors and suppliers as well as contractors. Our team has served as National Coordinating Counsel, Trial Counsel, and Defense Counsel for a variety of clients in asbestos litigation. We have represented companies in multiple jurisdictions throughout the United States. We also serve as Defense Liaison Counsel to several of the states' asbestos dockets, where we manage regional and local counsel to ensure consistent and cost-effective defense strategies and outcomes.

Our national approach to managing asbestos defense has proven to be efficient. In multiple instances, it has reduced legal costs by millions of dollars when contrasted with the amount that companies pay to 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 industrial, pharmaceutical and petroleum chemical substances. These lawsuits are based on the claim that exposure to these substances causes diseases like restrictive and obstructive lung conditions and occupational asthma, as well as cancers of various types, and other neurological conditions.

Medical Expert Witnesses

Medical expert witnesses in asbestos cases are essential in part because the signs of asbestos exposure may be confused with other conditions like emphysema, among others of lung cancer. It is vital that lawyers have access to these experts who can help distinguish the different diseases and show how each disease is a result of different types exposures.

Medical records of asbestos-related victims are typically the most reliable source of this proof. X-rays can be found as are CT scans and biopsies. However, to get the most value from the information available, it is necessary to have medical experts who are able to analyze the information and make a decision on the probabilities, causation, 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 credibility increases the credibility of these experts to the jury. Additionally, 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 experts It is also essential to have scientists provide evidence on the different causes of asbestos-related diseases. It is not enough to prove that a mesothelioma sufferer is a victim. It is necessary to prove that the asbestos victim exposed her to carcinogens, and why smoking increases the risk of mesothelioma.

Expert witness fees can be an enormous portion of total costs of asbestos cases. It is therefore important that a defense attorney is adept at identifying and choose the best expert witness for any given case.

At Swartz Campbell, we counsel material manufacturers, suppliers distributors, premises owners employers, employers and other defendants in asbestos cases in federal and state courts across the nation. Our team of dedicated and experienced lawyers are proficient both defensively and offensively in asbestos litigation. Contact us to find out what we can do to help you.

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