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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 locating potential defendants. This may involve gathering information from relatives, coworkers or abatement workers and analyzing records and materials.

Cetrulo LLP has served as the national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and work with local attorneys to achieve the same, cost-effective defense strategies.

Asbestos Product Identification

Asbestos can be found in a myriad of building materials, including cement products, paints floor tiles, adhesive artex, insulation, and doors to name a few. It is hard to determine if a material contains or does not contain asbestos simply by looking at it. The best way to identify the presence of asbestos is to have a professional environmental surveyor conduct an inspection.

When asbestos fibres are airborne, they are very small and light - meaning they can travel long distances even through doors or windows. Once they reach the lungs they can trigger the formation of serious health issues. Asbestos can be dangerous when it is damaged and releases harmful fibres into the air. It is crucial to not disturb or remove building materials unless they have been properly labeled and supported by an inspection.

Due to the long latency between asbestos exposure and illness, it is very difficult to obtain relevant evidence in an asbestos lawsuit. Additionally, there are significant issues related to the admissibility of plaintiffs' experts and their testimony regarding the causal connection between asbestos exposure and the onset of disease.

In these situations, asbestos lawyer defense lawyers can typically argue for summary judgement based on an absence of factual basis. For example, imagine that plaintiff Paul was involved in a multi-vehicle accident in New York City. However, he does not have information about the date and location of the accident, the vehicles 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 area should be consulted. They will review all the facts and documents, including any expert reports, to determine if summary judgment is the appropriate 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 best jurisdiction. This could include the State of New York or a federal court in New York City.

Asbestos Disease Identification

Although asbestos is not being mined or processed in United States, it still exists in buildings and products that were manufactured prior to 1989. As these products degrade, they release tiny fibers into air that are inhaled by those who are nearby. These fibers are known to cause various lung ailments.

Lung diseases that result from asbestos exposure include asbestosis, mesothelioma and pleural disease. Those who inhale these fibers can experience a range of symptoms, including chest pain, fatigue and breath shortness. These symptoms might not manifest for a long time after an asbestos exposure.

All forms of asbestos, including chrysotile are carcinogenic to humans. asbestos lawyer exposure can cause cancers of the lungs, larynx, and ovaries. It can also cause a form of mesothelioma that is found in the linings of body cavities like the heart, stomach and testes. Mesothelioma is difficult to diagnose because it is a latent period of time and has symptoms with other diseases such as rheumatoid joint arthritis and sarcoidosis.

The people who have worked with asbestos or who have been exposed to significant environmental factors are at the highest risk of developing asbestos-related illnesses. These include construction workers, boilermakers and shipyard workers; railroad and U.S. Navy veterans; and those who participated in cleaning up after the Sept. 11, 2001 terrorist attacks. Some of the symptoms of those who suffer from this condition include difficulty breathing coughing, chest pain and chest pain.

A doctor can determine whether a patient suffers from an asbestos lawyer-related disease by looking at the patient's medical background, work history, and background of family members. X-rays and CT scans can confirm the presence of asbestos-related conditions. Patients with asbestosis are encouraged to have a lung function test. This test will allow them to monitor their condition. This test can detect the progress of asbestosis and determine other health issues that can be related to this condition. Patients suffering from asbestosis should get regular vaccinations to avoid other respiratory diseases like psoriasis. The EPA has a TSCA Hotline as well as an asbestos Ombudsman who can provide more information and assistance.

Asbestos Database Development

Asbestos is composed of fibrous minerals. It was widely used for construction and industry due to its durability and fire retardant as well as corrosion resistance properties. Inhaling asbestos particles can cause numerous medical issues that include mesothelioma which is a cancer of the lungs, other organs, and neurological disorders. These diseases can take 30 years or more to be diagnosed.

Many asbestos cases are multi-defendant, and require a complex investigation that is often complicated due to a lack of identification of the proper asbestos attorneys products involved in each case. To determine the asbestos products involved the need for forensic experts, as well as various investigative techniques and tools like interviewing former coworkers, collecting invoices and delivery papers and taking samples at home and work. It is also necessary to determine the kind of asbestos, if it's amosite, crysotile or crocidolite.

We have a wealth of experience in defending asbestos-related companies including distributors, manufacturers contractors, suppliers, and manufacturers. Our team has served as National Coordinating Counsel and Trial Counsel for numerous asbestos litigation clients, and we have defended these companies in numerous jurisdictions across the United States. We are also defense liaison counsel for a variety of asbestos dockets in these states, where we manage the regional and local attorneys to ensure consistency and effective defense strategies and outcomes.

Our national strategy to manage the asbestos defense has been proven effective and, in a number of instances, has decreased legal spend by millions of dollars when compared to what companies were paying when they were being represented by other firms. The courts across the country have recognized this unique and aggressive method of handling asbestos cases.

We also have experience defending mass toxic tort suits brought against pharmaceutical companies and industrial chemicals and Petrochemicals. These lawsuits are based on claims that exposure to these chemicals can cause diseases like restrictive and obstructive lung conditions as well as occupational asthma, cancers of various types, and other neurological conditions.

Medical Expert Witnesses

Expert medical witnesses in asbestos cases are essential due to the fact that many signs of exposure to asbestos can be confused with other illnesses like emphysema, among others of lung carcinoma. It is essential for attorneys to have access to experts in these fields who can help distinguish the various illnesses and show how each illness is caused by different types of exposure.

Often, the best evidence for this is in the asbestos victim's medical records. X-rays are available as are CT scans and biopsies. However, to get the most benefit from this information, it's important to have medical experts who can analyze the data and opine about the probabilities, causation, and other issues.

Medical experts who testify in asbestos cases have a solid reputation and have been involved in dozens, if not hundreds of cases. Their reputation boosts their credibility in the eyes of jurors. These doctors have a great deal of experience when it comes to preparing to be witnesses, and they know how to answer questions from the defendants and how to present their findings to the judge.

It is important to have both scientists and medical experts testify on the different causes of asbestos disease. It is not enough to show that the victim suffers from mesothelioma. It has to be demonstrated how asbestos exposure exposed the plaintiff to carcinogens and how smoking aggravated the risk of mesothelioma.

Expert witness fees can make up much of the overall costs associated with an asbestos attorneys case. It is therefore important that a defense attorney is capable of quickly identifying and select the most qualified expert witness for a particular case.

We represent manufacturers, material suppliers distributors, premises owners and material suppliers in asbestos cases before federal and state courts throughout the United States. Our team of knowledgeable and committed lawyers is well-versed in asbestos litigation, both offensively and defensively. Contact us today to learn what we can do to assist you.