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Asbestos Defense Litigation

Asbestos cases need to be thoroughly studied. This includes identifying asbestos-related products and locating potential defendants. This can include obtaining information from family members, coworkers, members, abatement workers, and studying the records.

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 the same, cost-effective defense strategies.

asbestos exposure litigation Product Identification

Asbestos can be found in a myriad of building materials - cement products, paints, flooring tiles, adhesive, artex, insulation and doors to name just a few. It can be very difficult to determine if the material is asbestos-free based on its appearance alone. The best method to detect asbestos' presence is to have a professional environmental surveyor inspect the material.

Asbestos fibres are thin and light, so they can travel a considerable distance, even through closed doors or windows. Once they reach the lungs they can cause serious health problems. Asbestos becomes dangerous when it is damaged and releases deadly fibres in the air. It is vital to not remove or disturb building materials unless they have been properly labeled and supported by an inspection.

Due to the lengthy time between exposure and illness, obtaining meaningful discovery in an asbestos lawsuit is extremely difficult. In addition there are a number of issues regarding the admissibility of plaintiffs' experts and testimony about the causal link between asbestos exposure and diseases.

In these situations, asbestos defense lawyers can often argue for summary judgment based on an absence of factual basis. For instance, suppose that plaintiff Paul was involved in a multi-vehicle crash in New York City. He does not know the date, place the cars involved, or any other details that could support a conclusion that defendant David was responsible for his injuries.

In this type of circumstance, an experienced New York mesothelioma lawyer should be in contact. They will analyze the details of the case as well as any expert reports and other documents to determine if summary judgment is an appropriate remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can aid their clients in this process. Asbestos law firms throughout the country can assist their clients file their claims in the most appropriate place. This could be the State of New York, or a federal district court in New York City.

Asbestos Disease Identification

Asbestos is not being mined in the United States. However, it can still be present in products and buildings manufactured before 1989. These products release fibers into the atmosphere when they deteriorate. They can be breathed in. These fibers can trigger a variety of types of lung disease.

Lung diseases that are a result of asbestos litigation online exposure include the pleural disease (pleural plaques, thickening and effusions), asbestosis and mesothelioma. Inhaling asbestos fibers can trigger a number of symptoms, including chest pain, fatigue, and shortness of breathe. These symptoms may not appear for many years after asbestos exposure.

All forms of asbestos, including chrysotile, are carcinogenic for humans. Exposure to asbestos litigation defense can lead to cancers of the lungs, larynx, and the ovaries. It can also trigger mesothelioma which develops in the linings of body cavities, such as those found in the stomach, the heart and the tests. Mesothelioma is difficult to identify because it has a latent period of time and shares many symptoms with other conditions, such as rheumatoid arthritis and sarcoidosis.

Those who have been exposed to asbestos or who have been exposed to significant environmental elements are at greatest risk of developing asbestos-related diseases. This includes boilermakers, construction workers, and shipyard workers. Included are railroad workers and U.S. Navy vets and those who helped clean up after the terrorist attacks on September 11, 2001. Some of the symptoms of the people who suffer from these conditions include breathing difficulties, chest pain and coughing.

A doctor can determine whether an individual suffers from an asbestos-related condition by reviewing a person's medical history, work and family histories. X-rays and CT scans can identify an asbestos-related illness. Patients with asbestosis are advised to have a lung function test. This test will allow them to assess their health. This test can detect the progress of asbestosis and detect other health issues that may be related to this condition. Patients suffering from this condition should also get regular vaccinations to prevent the development of other respiratory illnesses, such as psoriasis. The EPA has a TSCA Hotline as well as an asbestos Ombudsman who can provide additional information and help.

Asbestos Database Development

Asbestos is one of the fibrous minerals that was extensively used in industrial and construction settings due to its long-lasting as well as fire-proof and corrosion-resistant properties. Asbestos particles inhalation can cause numerous medical issues, including mesothelioma, a cancer of the lungs as well as other organs, and neurological dysfunctions. These conditions can take up to 30 years or longer to be diagnosed.

In many asbestos cases, there are multiple defendants and complicated discovery. This is often complicated when the asbestos products involved in a case cannot be identified. To determine the asbestos products involved the need for forensic experts, as well as various investigative methods and tools that include interviewing former co-workers, obtaining invoices and delivery papers, and taking samples at home and work. The type of asbestos -- amosite, lawyers chrysotile, or crocidolite, must also be determined.

We have a vast amount of experience defending companies involved in the asbestos industry. This includes product manufacturers distributors, suppliers, and manufacturers as well as contractors. Our team has been the National Coordinating Counsel and Trial Counsel for a variety of asbestos litigation clients and has represented these companies in multiple jurisdictions across the country. We also serve as Defense liaison counsel for several asbestos litigation defense dockets in these states, where we oversee the regional and local attorneys to ensure consistency and efficient defense strategies and results.

Our national approach to managing asbestos defense has proven effective. In multiple instances, it has reduced legal costs by millions of dollars when compared to the amount companies pay to other companies. Courts across the nation have recognized this unique and aggressive method of managing asbestos cases.

We are also experienced in the defense of massive toxic tort lawsuits filed against pharmaceutical companies and industrial chemicals and petroleum chemicals. These lawsuits are based on the claim that exposure to these substances has caused diseases such as restrictive and obstructive lung conditions as well as occupational asthma, cancers of various types and a variety of neurological conditions.

Medical Expert Witnesses

Expert medical witnesses in asbestos cases are vital, mainly because many symptoms of exposure to asbestos can be misinterpreted as other ailments like emphysema, among others of lung carcinoma. It is vital that lawyers have access to experts who can help distinguish the various types of diseases and demonstrate how each illness is the result of different types of exposures.

Medical records of asbestos victims are usually the best source for this proof. X-rays, CT scans and biopsy samples are typically available for examination. However, to get the most benefit from this information, it is essential to have medical professionals who can analyze the information and make a decision on probabilities, causation and other issues.

The medical experts involved in asbestos cases are typically well-known and have testified in dozens, or even hundreds of other cases. This credibility increases their credibility in the eyes of the jury. These doctors have a great deal of experience in preparing themselves to testify, and therefore they know how to answer questions from the defendants and how to present the information to the court.

In addition to medical professionals, it is also necessary to have scientists testify about the various causes of asbestos-related illnesses. It is not enough to show that the victim has mesothelioma; it must be shown how the asbestos defendant exposed the plaintiff to the carcinogen and how smoking aggravated the risk of mesothelioma.

Expert witness fees can make up much of the total costs of asbestos cases. Therefore, Lawyers it is crucial that a defense attorney be capable of quickly identifying and hire the best expert witness for a particular case.

We represent manufacturers, material suppliers distributors, premises owners and material suppliers in asbestos cases in state and federal courts across the United States. Our team of highly experienced and dedicated lawyers is knowledgeable in asbestos litigation, both offensively and defensively. Contact us today to find out how we can help you.