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Asbestos Defense Litigation

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

Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets, and work with local counsel to develop 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 some. It is hard to determine whether a particular product has or does not contain asbestos litigation cases based on its appearance. The most effective method to determine asbestos's presence is to have a professional environmental surveyor inspect the material.

When asbestos fibres are airborne, they are very small and light, which means they can travel for long distances even through closed windows or doors. When they reach the lungs, they can cause serious health issues. Asbestos can be dangerous when it is damaged and releases harmful fibres into the air. It is vital to not remove or disturb construction materials unless they've been properly labelled and accompanied by an inspection.

Due to the long latency between exposure to asbestos and the development of disease it can be very difficult to obtain meaningful evidence in an asbestos law & litigation lawsuit. There are also serious issues regarding the admissibility and testimony of expert witnesses and the causal link between exposure to asbestos and the development of disease.

In these cases asbestos litigation paralegal defense lawyers often argue for summary judgment based on the absence of factual basis. For instance, imagine that plaintiff Paul was involved in an accident involving multiple vehicles in New York City. However, he has no information regarding the date and location of the accident, the cars involved or any other information that could support the conclusion that defendant David is responsible for his injuries.

In this type of circumstance, an experienced New York mesothelioma lawyer should be in contact. They will examine all 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 firms that practice nationwide can also assist their clients with filing 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

Asbestos is no longer mined in the United States. However, it is still found in buildings and products made prior to 1989. These products can release fibers into the atmosphere when they begin to degrade. They can be breathed in. These fibers have been known to cause a variety of lung ailments.

Lung diseases caused by asbestos exposure include mesothelioma, asbestosis and pleural disease. Inhaling asbestos fibers can trigger a number of symptoms, such as chest pain, fatigue, Asbestos Litigation Defense and shortness of breathe. These symptoms could not be noticed for a long time after an asbestos exposure.

All forms of asbestos, including chrysotile are carcinogenic for humans. Exposure to asbestos can cause lung cancers larynx, ovaries and larynx. It can also cause a type of mesothelioma within the linings found in body cavities like the heart, stomach and tests. Mesothelioma is difficult to recognize because it has a long period of time and shares many symptoms with other conditions like rheumatoid arthritis and sarcoidosis.

Those who have worked with asbestos or who have been exposed to significant environmental elements are at the highest risk of developing asbestos-related diseases. This includes construction workers, boilermakers, 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 the symptoms for those who suffer from this condition include difficulty breathing coughing, chest pain and chest pain.

A doctor can determine if the patient suffers from an asbestos-related disease by reviewing the medical history, work and family histories. X-rays and CT scans can help confirm an asbestos-related illness. Patients diagnosed with asbestosis must be yearly tested for lung function test to track the condition. This test can identify the progression of asbestosis and determine other health issues that may be related to this condition. Patients suffering from asbestosis should also receive regular vaccinations to avoid the development of 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 comprised of fibrous minerals. It was extensively employed in industry and construction due to its durability as well as its fire-repellant and corrosion resistance properties. Asbestos particles inhalation can cause numerous medical issues, including mesothelioma, lung cancer as well as other organs, and neurological problems. These conditions may take 30 years or more to manifest.

In many asbestos cases there are several defendants and complicated discovery. This can be a challenge when the asbestos materials involved in a case cannot be identified. To identify each asbestos product it is necessary to employ forensic experts, as well as a variety of investigative techniques and tools that include interviewing former co-workers, obtaining invoices and delivery documents, and taking samples at home and work. The type of asbestos -- amosite, chrysotile, or crocidolite -- should be identified.

We have extensive experience defending companies in the asbestos industry, including distributors, manufacturers suppliers, contractors, and contractors. Our team has served as National Coordinating Counsel, Trial Counsel, and Defense Counsel for many asbestos litigation clients. We have represented clients across the United States. We also serve as defense liaison counsel for a variety of asbestos dockets across these states, where we oversee the regional and local attorneys to ensure consistent and effective defense strategies and outcomes.

Our national approach to managing the asbestos defense has been proved to be effective and, in numerous instances, has decreased legal spend by millions of dollars in comparison to the costs companies paid when they were being represented by other firms. Courts across the country have recognized this unique and aggressive approach in managing asbestos cases.

We have also defended mass toxic tort lawsuits brought against the producers of pharmaceutical, industrial and petroleum chemical substances. These lawsuits stem from assertions that exposure to these chemicals has caused diseases like occupational asthma, restrictive and obstructive pulmonary disorders, as well as other neurological disorders.

Medical Expert Witnesses

Expert medical witnesses in asbestos cases are crucial in part because the signs of asbestos exposure may be confused with other illnesses like emphysema, among others of lung cancer. It is vital that lawyers have access to experts who can help differentiate the various diseases and explain how each disease is the result of different exposures.

Medical records of asbestos victims are often 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 can sift through the data and opine about the probabilities, causation, and other issues.

The medical experts involved in asbestos law & litigation cases are typically well-known and have testified in dozens, or even hundreds of other cases. This credibility boosts the credibility of these experts in the eyes of the jury. Additionally, the knowledge and experience of the doctors who prepare for testimony ensures that they are able to anticipate questions from the defense and how to provide evidence to the judge.

It is essential that experts from both the scientific and medical fields present their opinions on the various causes of asbestos disease. It is not enough to prove that a mesothelioma sufferer is a victim. It must be proven that the asbestos litigation defense; url, defendant exposed her to carcinogens, and why smoking increases the risk of mesothelioma.

Expert witness fees can be an important portion of costs associated with asbestos cases. This is why it is crucial for the attorney representing the client to be able find and select the best expert witness for a given case.

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