10 Asbestos Defense Litigation Tricks Experts Recommend

Asbestos Defense Litigation

Asbestos cases require a thorough investigation of the injured person's work history, identifying asbestos-related materials and finding potential defendants. This could include obtaining information from coworkers, family members, abatement workers, and reviewing the records.

Cetrulo LLP has served as national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets, and work with local counsel in order to create efficient, cost-effective defense strategies.

Asbestos Product Identification

Asbestos is present in a variety of building materials -- cement products, paints, floor tiles, adhesives, artex, insulation and doors to name just the most common. It is hard to determine whether a product contains or does not contain asbestos based on its appearance. A professional environmental surveyor is able to conduct an inspection to determine whether the material is contaminated with asbestos.

When asbestos fibres become airborne, they are small and light, which means they can travel long distances even through windows or doors. Once they reach the lungs they can cause the development of serious health conditions. Asbestos is most 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 without being properly labeled and accompanied by an expert inspection.

Due to the long latency between exposure to asbestos and the development of disease, it is very difficult to obtain relevant information in an asbestos case. Additionally, there are significant issues regarding the admissibility of the plaintiffs' experts and testimony on the causal connection between asbestos exposure and the onset of disease.

In these kinds of situations asbestos defense lawyers are often able to argue for summary judgment due to the absence of a factual foundation. For instance, imagine that plaintiff Paul was involved in a multi-vehicle crash in New York City. However, he does not have details about the date or location of the accident, the cars involved or any other information that might help to determine that defendant David is liable for his injuries.

In this type of circumstance, an experienced New York mesothelioma lawyer should be in contact. They will review all the facts and documents, including any expert reports to determine if a summary judgment is the best remedy. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients through this process. Asbestos law firms across the country can assist their clients submit their claims to the most appropriate place. This could be the State of New York, or a federal district court located in New York City.

Asbestos Disease Identification

Asbestos is not being mined in the United States. However, it can still be found in the construction and other products manufactured before 1989. These products release fibers into the air when they begin to degrade. They can be inhaled. These fibers have been known to cause many lung illnesses.

The lung diseases caused by asbestos exposure include mesothelioma and asbestosis and pleural disease. Those who inhale these fibers can experience a range of symptoms, including chest pain, fatigue and breath shortness. These symptoms may not show up until decades after a person is exposed to asbestos.

All forms of asbestos, including chrysotile can cause cancer in humans. Exposure to asbestos causes lung cancer and larynx, as well as ovaries. It also can cause mesothelioma, a type of cancer that develops in the interior of body cavities, such as those in the stomach, heart and testes. Mesothelioma is difficult to diagnose because it has a long period of time and has symptoms with other diseases such as rheumatoid joint arthritis and sarcoidosis.

The most likely to develop asbestos-related diseases are those who directly with the material or experienced significant environmental exposure. This includes boilermakers, construction workers and shipyard workers. Additionally, there are railroad and U.S. Navy vets and those who helped clean up after the terrorist attacks on September 11, 2001. Some of them may suffer from chest pain, coughing, and breathing difficulties.

A doctor can determine whether a patient suffers from an asbestos-related condition by reviewing the person's medical history, work history and family background. X-rays and CT scans can help confirm the presence of asbestos-related conditions. Patients who are diagnosed with asbestosis should undergo a yearly pulmonary function test to monitor the condition.  Las Cruces asbestos attorneys  can detect asbestosis ' progression and also identify other health problems that may be connected to the condition. Asbestosis sufferers should be vaccinated regularly to prevent other respiratory illnesses like psoriasis. The EPA provides a TSCA Hotline and an asbestos Ombudsman that can provide additional information and help.

Asbestos Database Development

Asbestos is one of the fibrous minerals that were often employed in industrial and construction settings because of its durable as well as fire-proof and corrosion-resistant properties. Inhaling asbestos particles can cause a range of medical issues, including mesothelioma (a cancer of the lungs and other organs) as well as chronic lung diseases, and neurological problems. These conditions can manifest for in 30 years or more.

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 array of investigative tools and methods such as interviews with former colleagues and other witnesses, subpoenaing work orders, invoices, and delivery papers from employers, and collecting samples from home and workplaces. It is also necessary to determine the type of asbestos, such as it's amosite, crysotile or crocidolite.

We have a wealth of experience defense of companies that are involved in the asbestos industry. This includes companies that manufacture products, distributors and suppliers as well as contractors. Our team has served as National Coordinating Counsel and Trial Counsel for numerous asbestos litigation clients and has represented the companies in a variety of jurisdictions across the nation. We also serve as defense liaison counsel for a variety of asbestos dockets across these states, where we manage the regional and local attorneys to ensure consistent and effective defense strategies as well as outcomes.

Our national strategy for managing asbestos defense has successful and, in numerous instances, has reduced legal spend by millions of dollars in comparison to the costs companies paid when they were being represented by other firms. The courts across the country have recognized this unique and aggressive approach in handling asbestos cases.

We have also defended massive toxic tort lawsuits brought against the producers of pharmaceutical, industrial and petrochemical chemicals. These lawsuits are based on assertions that exposure to these chemicals has led to diseases like occupational asthma as well as restrictive and obstructive lung disorders, and other neurological disorders.

Medical Expert Witnesses

Expert medical witnesses are essential in asbestos cases, primarily because the signs of exposure to asbestos are easily confused with other conditions like emphysema and other forms of lung cancer. It is vital that lawyers have access to these experts who can help distinguish the various diseases and explain how each disease is the result of different exposures.

Medical records of asbestos-related victims are typically the best source for this evidence. X-rays are readily available, as well as CT scans and biopsies. However, in order to get the most benefit from this information, it's essential to have medical professionals who are able to analyze the data and opine about the probabilities, causation, 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 boosts the credibility of these experts to the jury. These doctors have a great deal of experience in preparing themselves to testify, and therefore they know how to answer questions from defendants and how to present the evidence to the judge.

It is crucial that both scientists and medical experts testify on the different causes of asbestos disease. It is not enough to show that the patient has mesothelioma. It must be demonstrated how asbestos exposure exposed the plaintiff to the carcinogen and how smoking aggravated the risk of mesothelioma.

Expert witness fees can be a substantial portion of expenses in asbestos cases. This is why it is crucial for a lawyer who is defending the case to be able to effectively identify and hire the right expert witness for a given case.

At Swartz Campbell, we counsel material suppliers, product manufacturers premises owners, distributors, employers and other defendants in asbestos cases in both state and federal courts across the country. Our team of committed and experienced attorneys are well-versed both defensively and offensively in asbestos litigation. Contact us today for more information on how we can help you.