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Asbestos Defense Litigation

Asbestos cases need to be thoroughly studied. This includes identifying asbestos-related products and finding potential defendants. This can involve obtaining 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 coordinate with local counsel to achieve efficient, cost-effective defense strategies.

Asbestos Product Identification

Asbestos can be found in a myriad of building materials - cement products, paints, flooring tiles, adhesive artex, insulation, and doors to name a few. It can be very difficult to determine if an item is asbestos-free from its appearance only. A professional environmental surveyor is able to conduct an inspection to determine the presence of asbestos.

When asbestos fibres are airborne, they are very small and light - meaning they can travel for long distances, even through closed windows or doors. When they reach the lungs, they can cause serious health issues. Asbestos is the most hazardous when it becomes damaged and releases deadly fibres into the air. It is very important to not remove or disturb construction materials unless they've been properly labeled and supported by an inspection.

Due to the long time between exposure to asbestos and the development of disease it can be very difficult to obtain relevant evidence in an asbestos lawsuit. There are also serious issues relating to the admissibility and testimony of expert witnesses for plaintiffs and the causal connection between exposure to asbestos and the development of disease.

In these situations asbestos defense lawyers often argue for summary judgment based on the absence of factual basis. For instance, suppose that plaintiff Paul was involved in a multi-vehicle crash in New York City. He doesn't know the date, time the cars involved, or any other details that could lead to the conclusion that defendant David was liable for his injuries.

In this type of circumstance in this type of situation, a seasoned New York mesothelioma lawyer should be in contact. They will review the facts of the case, as well as any expert reports and other documentation to determine whether or not summary judgment is the right remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients in this procedure. Asbestos law firms throughout the country can assist their clients file their claims in the most appropriate jurisdiction. This could be the State of New York, or a federal district court in New York City.

Asbestos Disease Identification

Although asbestos is not extracted or processed in the United States, it still is present in products and buildings that were made prior to 1989. These products can release fibers into the air when they deteriorate. They can be breathed in. These fibers can cause several types of lung disease.

Lung diseases that result from asbestos exposure include mesothelioma and asbestosis and pleural disease. People who breathe in asbestos fibers can experience a range of symptoms, including chest pain, fatigue, and breath shortness. These symptoms may not appear for decades after an asbestos exposure.

All forms of asbestos, including chrysotile are carcinogenic to humans. Exposure to asbestos can cause cancers of larynx, lungs and the ovaries. It can also cause a type of mesothelioma within the linings that line body cavities such as the heart, stomach and tests. Mesothelioma isn't easy to recognize, as it has a long latent period and many similar symptoms with other conditions such as rheumatoid arthritis and sarcoidosis.

Those who have worked with asbestos or who have been exposed to significant environmental factors are at greatest risk of developing asbestos-related ailments. This includes boilermakers, construction workers, shipyard workers; railroad and U.S. Navy veterans; and those who participated in cleanup after the Sept. 11, 2001 terrorist attacks. They might suffer from chest pain, coughing, and breathing problems.

A doctor can determine if a patient is suffering from an asbestos-related condition by looking at the patient's medical background, work history and background of family members. X-rays and CT scans can identify an asbestos attorney-related condition. Patients with asbestosis are advised to undergo a yearly lung function test. This will help assess their health. This test can identify the progress of asbestosis as well as determine other health issues that may be a result of this disease. Patients suffering from this condition should also receive regular vaccinations to prevent the onset of other respiratory ailments, such as psoriasis. The EPA has a TSCA Hotline as well as an asbestos Ombudsman who can provide more information and support.

Asbestos Database Development

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

Many asbestos lawsuit cases are multi-defendant, and involve complex discovery which is often hampered by a failure to identify the correct asbestos products involved in each case. To identify each asbestos product the need for forensic experts, as well as various investigative techniques and tools, such as interviewing former coworkers, collecting invoices and delivery documents and taking samples at home and work. The type of asbestosamosite, chrysotile or crocidolite -- should be identified as well.

We have a wealth of experience 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, Trial Counsel, and Defense Counsel for numerous clients in asbestos litigation. We have defended companies in multiple jurisdictions throughout the United States. We are also Defense Liaison Counsel for a number of these states' asbestos dockets where we manage local and regional counsel to ensure uniform and cost-effective defense strategies and outcomes.

Our national approach to managing asbestos defense has proven effective. In multiple instances it has cut legal costs by millions of dollars when contrasted with the amount that companies pay to other firms. This unique and abrasive approach to managing asbestos cases has been praised by courts throughout the country.

We also have defended mass toxic tort suits brought against the manufacturers of pharmaceutical, industrial and chemical compounds that are petrochemical in nature. These lawsuits stem from claims that exposure to these substances has caused diseases such as restrictive and obstructive lung disorders as well as occupational asthma, cancers of various types and other neurological disorders.

Medical Expert Witnesses

Medical expert witnesses are critical in asbestos cases, principally because many of the symptoms of exposure to asbestos can be easily confused with other illnesses like emphysema and other forms of lung cancer. It is crucial for lawyers to have access to experts in these fields to aid in identifying different diseases and explain how each disease is caused by different kinds of exposures.

Medical records of asbestos victims are often the most reliable source of this evidence. X-rays are available, as well as CT scans and biopsies. To make the most out of this information, medical experts are needed to sift the data, and provide their opinions on probabilities, causes, and other issues.

Medical experts who testify in asbestos cases have a great reputation and have been involved in dozens, if not hundreds of cases. This credibility increases their credibility before the jury. They have a lot of experience in preparing to testify, and therefore they know how to answer questions from the defendants and how to present the information to the judge.

In addition to medical professionals in addition, it is essential to have scientific experts to be able to testify on the causes of asbestos diseases. It is not sufficient to prove the victim has mesothelioma. It must be proven that the asbestos victim exposed her to carcinogens and how smoking can increase the risk of mesothelioma.

Expert witness fees can constitute a significant portion of the costs associated with asbestos cases. It is therefore important that the defense attorney is capable of quickly identifying and select the most qualified expert witness for a particular case.

We represent material suppliers, product manufactures, distributors and premises owners in asbestos cases in state and federal courts across the country. Our team of highly experienced and committed lawyers is well-versed in asbestos litigation, both offensively and defensively. Contact us to find out how we can assist you.