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Asbestos Defense Litigation

Asbestos cases require a thorough investigation of the victim's work history, identifying asbestos products, and finding potential defendants. This may involve gathering information from relatives, coworkers members, abatement workers and reviewing the records.

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

Asbestos Product Identification

Asbestos can be found in a wide range of building materials, including cement products, paints and floor tiles. It is also found in artex, adhesives, doors insulation, adhesives, and doors. It is hard to determine whether a particular product has or is not made of asbestos based on its appearance. The most effective method to determine asbestos' presence is to have a certified environmental surveyor perform an inspection.

Asbestos fibres are thin and light, so they can travel a long distance, even through closed doors or windows. When they reach the lungs, they can cause serious health issues. Asbestos is dangerous if it is damaged and releases deadly fibres in the air. This is why it's crucial that building materials never be disturbed or removed without being properly labeled and followed by an inspection by a professional.

Due to the lengthy latency between asbestos exposure and disease it can be very difficult to obtain meaningful discovery in an asbestos action. There are also significant issues regarding the admissibility and testimony of expert witnesses for plaintiffs and the causal link between exposure to asbestos and disease.

In these instances, asbestos defense lawyers can often argue for summary judgment based on the lack of a factual basis. For instance, suppose that plaintiff Paul was involved in a multi-vehicle collision in New York City. However, he has no details about the date or location of the accident, the cars involved or any other details which could be used to help to determine that defendant David is responsible for his injuries.

A New York mesothelioma attorney with expertise in this field should be consulted. They will analyze the details 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 aid their clients in this process. Asbestos firms who practice across the country can help their clients in filing their claims in the most advantageous jurisdiction. This may include the State of New York or a federal court located in New York City.

Asbestos Disease Identification

Although asbestos is no longer extracted or processed in the United States, it still exists in buildings and products that were produced prior to 1989. When these products deteriorate, they release tiny fibers into the air that are inhaled by people who are near. These fibers have been known to cause various lung diseases.

Lung diseases that result from asbestos exposure include mesothelioma, asbestosis and pleural disease. Those who inhale these fibers may experience a variety of symptoms, including chest pain, fatigue and shortness of breath. These symptoms may not manifest until years after a person is exposed to asbestos.

All forms of asbestos, including chrysotile are carcinogenic for humans. Asbestos exposure can cause cancers of the larynx, lungs, and the ovaries. It can also cause mesothelioma which develops in the tissues of body cavities, including those in the stomach, the heart and the tests. Mesothelioma can be difficult to diagnose, since it has a long, latent period and a variety of symptoms that are similar with other conditions such as rheumatoid arthritis and sarcoidosis.

Those who have worked with asbestos or have been exposed to significant environmental factors are the most at risk of developing asbestos-related diseases. This includes construction workers, boilermakers and shipyard workers, railroad and U.S. Navy veterans; and those who assisted with clean-up following the September. 11, 2001 terrorist attacks. Some of them may experience chest pain, coughing, and breathing problems.

A doctor can tell if the patient suffers from an asbestos-related illness by looking over a person's medical background, work and family history. X-rays and CT scans can confirm an asbestos-related illness. Patients with asbestosis are advised to have a yearly lung function test. This can help assess their health. This test can identify the progress of asbestosis and determine other health issues that may be associated with this disease. Asbestosis sufferers should get regular vaccinations to avoid other respiratory diseases such as psoriasis. The EPA has a TSCA Hotline as well as an asbestos Ombudsman who can provide additional information and help.

Asbestos Database Development

Asbestos is comprised of fibrous minerals. It was widely used for construction and industry because of its durability and fire retardant as well as corrosion resistance properties. The inhalation of asbestos particles can lead to a variety of medical conditions, including mesothelioma (a cancer of the lungs and other organs), chronic lung diseases, as well as other neurological dysfunctions. These diseases can manifest in 30 years or more.

Many asbestos cases are multi-defendant, and require complex discovery which is often hampered by a failure to identify the proper asbestos products involved in every case. To determine the asbestos products involved the need for forensic experts, as well as a variety of investigative tools and methods like interviewing former coworkers, collecting invoices and delivery documents and taking samples at home and at work. It is also necessary to determine the kind of asbestos, if it's amosite, crysotile, or crocidolite.

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

Our national strategy to manage the asbestos defense has been proved to be effective and, in a number of instances, has decreased legal costs by millions of dollars compared to the amount companies were paying when they were being represented by other firms. Courts across the country have recognized our unique and aggressive approach in managing asbestos cases.

We also have defended mass toxic tort lawsuits brought against manufacturers of pharmaceutical, industrial and chemical compounds that are petrochemical in nature. These lawsuits are based on claims that exposure to these substances has caused diseases such as restrictive and obstructive lung conditions, occupational asthma, cancers of different types and a variety of neurological conditions.


Medical Expert Witnesses

Medical expert witnesses in asbestos cases are vital in part because the signs of exposure to asbestos can be misinterpreted as other ailments such as emphysema or other forms of lung cancer. It is essential for attorneys to have access to experts in these fields who can assist in identifying the various types of diseases and explain how each disease is caused by different kinds of exposures.

Medical records of asbestos-related victims are typically the most reliable source for this proof. X-rays are available as are CT scans and biopsies. To make the most of these data, medical experts must sort through the information and offer their opinion on the probable causes, probabilities, and other issues.

The medical experts involved in asbestos cases are generally well-known and have testified in dozens or even hundreds of other cases. This reputation increases their credibility before jurors. These doctors have a lot of experience when it comes to preparing to testify, so they know how to answer questions from the defendants and how to present their findings to the judge.

Avondale asbestos attorneys is important to have experts from both the scientific and medical fields to testify about the various causes of asbestos disease. It is not sufficient to prove the mesothelioma patient is in fact diagnosed. It must be shown that the asbestos defendant exposed her to the carcinogen, and why smoking increases the risk of mesothelioma.

Expert witness fees can be much of the overall costs associated with asbestos cases. It is therefore crucial that a defense attorney is capable of quickly identifying and select the most qualified expert witness for the particular 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 country. Our team of dedicated and experienced attorneys are well-versed both offensively and defensively in asbestos litigation. Contact us today to learn how we can assist you.

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