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Asbestos Defense Litigation Asbestos cases need to 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 has served as national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and coordinate with local counsel to achieve consistent, cost-effective defense strategies. Asbestos Product Identification Asbestos is present in a variety of building materials, including cement products, paints flooring tiles, adhesive artex, insulation, and doors to name some. It is difficult to tell if a material contains or is not made of asbestos simply by looking at it. The best way to identify asbestos' presence is to have a certified environmental surveyor conduct an inspection. Asbestos fibres are small and light, meaning they can travel for a long distance, even through closed doors and windows. Once they reach the lungs they can cause serious health problems. Asbestos is the most hazardous when it's damaged, releasing deadly fibers into the air. This is why it's crucial that building materials never be disturbed or removed without proper labeling and supported by an expert inspection. Due to the lengthy latency between exposure and disease the process of obtaining evidence-based discovery in an asbestos case is extremely challenging. Additionally, there are significant issues regarding the admissibility of the plaintiffs' experts and their testimony regarding the causal connection between asbestos exposure and the onset of disease. In these instances, asbestos defense lawyers can typically argue for summary judgement based on an absence of a factual foundation. For example, imagine that plaintiff Paul was involved in a multi-vehicle accident in New York City. He does not know the date, location the cars involved, or any other information that could be used to support a conclusion that defendant David was liable for his injuries. A New York mesothelioma attorney with experience in this field should be consulted. They will review the facts of the case, as well as any expert reports or other documentation to determine whether or not the summary judgment is a suitable remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can aid their clients in this procedure. Arlington asbestos attorneys who practice across the country can also assist their clients with filing their claims in the most favorable jurisdiction. This could include the State of New York or a federal court located in New York City. Asbestos Disease Identification Asbestos is not mined anymore in the United States. However, it is still found in buildings and products made prior to 1989. When these products deteriorate they release tiny fibers into air that can be breathed in by people who are near. These fibers are known to cause many lung diseases. Lung diseases that are a result of asbestos exposure include pleural disease (pleural plaques, thickening, and effusions) as well as mesothelioma and asbestosis. Those who inhale these fibers can experience a range of symptoms such as chest pain, fatigue and breath shortness. 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. Asbestos exposure can cause cancers of lungs, larynx, and ovaries. It can also cause a type of mesothelioma that is found in the linings found in body cavities such as the heart, stomach and the testes. Mesothelioma is difficult to recognize because it has a long period of time and shares many symptoms with other conditions such as rheumatoid joint arthritis and sarcoidosis. People most likely to develop asbestos-related diseases are those who directly with the substance or had exposure to significant environmental hazards. This includes construction workers, boilermakers, and shipyard workers. Included are railroad workers and U.S. Navy vets and those who helped clean up after the terrorist attacks of September 11, 2001. Some of the symptoms for those who suffer from this condition include difficulty breathing, chest pain and coughing. A doctor can determine whether a patient suffers from an asbestos-related condition by examining the patient's medical history, work history and background of family members. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos. Patients with asbestosis are encouraged to have a lung function test. This can help keep track of their condition. The test can identify asbestosis progression and identify other health issues that could be associated with the disease. Patients suffering from asbestosis should also receive regular vaccinations to avoid the development of other respiratory diseases such as psoriasis. The EPA offers a TSCA Hotline and an Asbestos Ombudsman that can provide additional information and assistance. Asbestos Database Development Asbestos is one of the fibrous minerals that were extensively used in industrial and construction settings due to its tough as well as fire-proof and corrosion-resistant properties. Inhaling asbestos particles can cause numerous medical issues, including mesothelioma, a cancer of the lungs and other organs, as well as neurological problems. These diseases can take 30 years or longer to be diagnosed. Many asbestos cases are multi-defendant and require complex discovery that is often complicated because of a failure to identify the correct asbestos products involved in every case. The ability to identify each item in an asbestos case requires the help of forensic experts, and the use of a range of investigative tools and methods like interviews with former co-workers and other witnesses and subpoenaing work orders, invoices, and delivery papers from employers, and collecting samples from workplaces and at home. It is also necessary to determine the type of asbestos, such as it's amosite or crysotile, or crocidolite. We have a wealth of experience defending companies involved in the asbestos industry. This includes companies that manufacture products, distributors and suppliers as well as contractors. Our team has acted as National Coordinating Counsel, Trial Counsel, and Defense Counsel for a variety of clients involved in asbestos litigation. We have represented companies in multiple jurisdictions across the United States. We also serve as Defense liaison counsel for several asbestos dockets in these states which we manage regional and local attorneys to ensure uniform and efficient defense strategies and outcomes. Our national strategy to manage the asbestos defense has successful and, in a number of instances, has decreased legal expenses by millions of dollars compared to the costs companies paid when being represented by other firms. Courts across the country have recognized this unique and aggressive approach to managing asbestos cases. We have also defended massive toxic tort suits brought against the producers of industrial, pharmaceutical and chemical compounds that are petrochemical in nature. These lawsuits stem from assertions that exposure to these chemicals has led to diseases like occupational asthma and restrictive and obstructive pulmonary disorders, as well as other neurological conditions. Medical Expert Witnesses Expert medical witnesses in asbestos cases are essential, mainly because many symptoms of exposure to asbestos can be confused with other conditions such as emphysema or other forms of lung carcinoma. It is crucial for lawyers to have access to experts in these fields to help distinguish the various diseases and explain the causes of each disease by different types of exposure. The most reliable evidence for this is the asbestos victim's medical records. X-rays are readily available as are CT scans and biopsies. However, in order to get the most benefit from this information, it is necessary to have medical experts who can sift through the information and offer opinions on probabilities, causation and other issues. Medical experts who are called to testify in asbestos cases have a great reputation and have been involved in dozens, or even hundreds of cases. Their reputation boosts their credibility before jurors. Additionally, the knowledge and experience of the doctors who prepare for testimonies means that they know how to anticipate questions from the defense team and how to provide evidence to the judge. It is important to have both scientists and medical experts to testify about the various causes of asbestos-related diseases. It is not enough to prove that the victim has mesothelioma. It has to be demonstrated how the asbestos defendant exposed the plaintiff to carcinogens and why smoking increased the risk of mesothelioma. Expert witness fees can be much of the total costs of 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 material suppliers, product manufactures distributors, premises owners and material suppliers in asbestos cases before the federal and state courts across the United States. Our team of committed and experienced attorneys are well-versed both defensively and offensively in asbestos litigation. Contact us today to find out what we can do to assist you.