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Asbestos Defense Litigation
Asbestos cases require careful examination of the person who was injured's work background, identifying asbestos-related products and finding potential defendants. This can include obtaining information from coworkers, family members, abatement workers and analyzing records.
Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets and coordinate with local counsel to develop 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 present in artex, adhesives doors, insulation, and adhesives. It can be very difficult to determine if a material contains asbestos from its appearance by itself. A certified environmental surveyor can conduct an inspection to determine whether the material is contaminated with asbestos.
When asbestos fibres become airborne, they're tiny and light, meaning they can travel long distances even through doors or windows. When they reach the lungs, they can cause serious health issues. Asbestos becomes dangerous when it is damaged and releases harmful fibres into the air. This is why it's very crucial that building materials never be tampered with or removed unless they are properly labeled and supported by an expert inspection.
Due to the long time between exposure and illness finding meaningful evidence in an asbestos lawsuit is extremely challenging. In addition there are a number of concerns regarding the admissibility of plaintiffs' experts and their testimony regarding the causal link between asbestos exposure and disease.
In these types of situations asbestos defense lawyers are often able to argue for summary judgment in the absence of a factual foundation. For example, imagine that plaintiff Paul was involved in a multi-vehicle collision in New York City. He doesn't know the date, location the cars involved, or any other information that could support a conclusion that defendant David was responsible for his injuries.
In this kind of scenario in this type of situation, a seasoned New York mesothelioma lawyer should be in contact. They will look over the details of the case and any expert reports or other documents, to determine if the summary judgment is a suitable remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients in this process. Asbestos law firms across the country can assist their clients file their claims in the best jurisdiction. This could be the State of New York or a federal court in New York City.
Asbestos Disease Identification
Although asbestos is no longer mined or processed in United States, it still is present in products and buildings that were made prior to 1989. As these products degrade, they release tiny fibers into air that can be inhaled by people who are near. These fibers can cause several kinds of lung diseases.
The lung diseases caused by asbestos exposure include mesothelioma, asbestosis and pleural disease. Those who inhale these fibers can experience a range of symptoms such as chest discomfort, fatigue, and shortness of breath. These symptoms could not show up until decades after a person is exposed to asbestos.
All forms of asbestos, including chrysotile are carcinogenic to humans. Exposure to asbestos can cause cancers of the larynx, lungs and the ovaries. Tampa asbestos attorneys can cause a form of mesothelioma that develops in the tissues 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 a variety of symptoms that are similar with other diseases, like rheumatoid arthritis and sarcoidosis.
People most likely to suffer from asbestos-related diseases are those who have worked directly with asbestos or were exposed to a significant amount of environmental toxins. These include boilermakers, construction workers and shipyard workers; railroad and U.S. Navy veterans; and those who helped with cleaning up following the Sept. 11, 2001 terrorist attacks. These people may be suffering from chest pain, coughing and breathing difficulties.
A doctor can determine if a patient is suffering from an asbestos-related disease by looking at the patient's medical background, work history and family background. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos. Patients diagnosed with asbestosis must undergo a yearly pulmonary function test to monitor the condition. The test can identify asbestosis progression and identify other health issues that could be related to the disease. Patients with asbestosis should also get regular vaccinations to avoid other respiratory diseases like psoriasis. The EPA has a TSCA Hotline as and an asbestos Ombudsman who can provide more information and help.
Asbestos Database Development
Asbestos is composed of fibrous minerals. It was widely used for construction and industry due to its strength and fire retardant as well as corrosion resistance properties. The inhalation of asbestos particles, however, can cause a variety of medical problems including mesothelioma (a lung cancer and other organs) as well as chronic lung diseases, as well as other neurological problems. These diseases can take up to 30 years or more to be diagnosed.
Many asbestos cases are multi-defendant, and involve complex discovery which is often hampered because of a failure to identify the correct asbestos products involved in every case. To identify each asbestos product, forensic experts are needed in addition to a variety of investigative techniques and tools that include interviewing former co-workers, obtaining invoices and delivery papers, and taking samples at home and work. It is also essential to determine the kind of asbestos, if it's amosite, crysotile or crocidolite.
We have extensive experience defending companies in the asbestos industry including distributors, manufacturers suppliers, contractors, and contractors. Our team has acted as National Coordinating Counsel, Trial Counsel, and Defense Counsel for a variety of asbestos litigation clients. We have represented companies across the United States. We also serve as Defense liaison counsel for various asbestos dockets in these states, where we manage the regional and local attorneys to ensure consistent and effective defense strategies as well as results.
Our national approach in managing asbestos defense has proven efficient. In multiple instances, it has reduced legal costs by millions of dollars when contrasted to the amount that corporations pay to other firms. The courts across the country have recognized our unique and aggressive approach to handling asbestos cases.
We are also experienced in the defense of massive toxic tort suits brought against manufacturers of pharmaceutical and industrial chemicals and petrochemicals. These lawsuits stem from the claim that exposure to these chemicals has caused illnesses such as occupational asthma and 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 symptoms of exposure to asbestos are easily confused with other illnesses like emphysema, or other types of lung cancer. It is essential that lawyers have access to experts who can help differentiate the various types of diseases and demonstrate how each illness is the result of different types exposures.
The most reliable source of this evidence is the asbestos victim's medical records. X-rays, CT scans and biopsy samples are usually available for review. To get the most value out of this information, medical experts must sort through the data, and provide their views on probable causes, probabilities, 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 knowledge and experience of these doctors in preparing for testimony means that they know how to anticipate questions from the defense team and how to provide evidence to the court.
In addition to medical experts, it is also necessary to have scientists testify about the various causes of asbestos-related diseases. It is not enough to prove that the patient has mesothelioma. It must be demonstrated how asbestos exposure exposed the plaintiff to carcinogens and why smoking increased the risk of mesothelioma.
Expert witness fees can be an important portion of costs in asbestos cases. This is the reason it is essential for a lawyer who is defending the case to be able to effectively find and select the best expert witness for a particular case.
We represent manufacturers, material suppliers distributors, premises owners and material suppliers in asbestos cases in state and federal courts across the United States. Our team of experienced and committed lawyers is well-versed in asbestos litigation, both offensively and defensively. Contact us today to find out how we can help you.
Website: https://www.youtube.com/watch?v=k-xMGR70EC8
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