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Asbestos Defense Litigation

asbestos attorney cases must be thoroughly studied. This includes identifying asbestos products and locating potential defendants. This may involve gathering information from co-workers, relatives or abatement workers and analyzing records and materials.

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

Asbestos Product Identification

Asbestos is present in a variety of building materials -- cement products, paints flooring tiles, adhesive, artex, insulation and doors to mention some. It is difficult to determine whether a particular product has or does not contain asbestos simply by looking at it. A professional environmental surveyor can conduct an inspection to determine whether the material is contaminated with asbestos.

Asbestos fibres are thin and light, which means they can travel a considerable distance even through closed doors or windows. When they reach the lungs, they can lead to the formation of serious health issues. Asbestos is most dangerous when it becomes damaged, releasing deadly fibers into the air. It is vital to avoid removing or destroying building materials unless they've been properly labeled and supported by an inspection.

Due to the long time between asbestos exposure and illness, it is very difficult to obtain relevant evidence in an asbestos lawsuit. There are also serious issues regarding the admissibility and credibility of plaintiffs' expert witnesses and the causal connection between exposure to asbestos and the development of disease.

In these types of situations, asbestos defense attorneys can often successfully argue for summary judgments based on the lack of a solid factual basis. For instance, imagine that plaintiff Paul was involved in a multi-vehicle accident in New York City. He doesn't know the date, place, cars involved or any other details that could be used to support a conclusion that defendant David was responsible for his injuries.

In this type of situation in this type of situation, a seasoned New York mesothelioma lawyer should be in contact. They will look over the details of the case as well as any expert reports and other documents to determine whether or not the summary judgment is a suitable remedy. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy are able to assist their clients in this process. asbestos lawsuit law firms located across the country can help their clients file their claims in 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

Although asbestos is not being mined or processed in the United States, it still is present in products and buildings that were manufactured prior to 1989. These products release fibers into the air when they deteriorate. They can be inhaled. These fibers can cause a variety of lung ailments.

Lung diseases that are a result of asbestos lawyers exposure include the pleural disease (pleural plaques, thickening, and effusions) as well as mesothelioma and asbestosis. People who breathe in asbestos fibers may experience a variety of symptoms like chest pain, fatigue and breath shortness. These symptoms might not manifest for decades after an asbestos exposure.

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

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

A doctor can determine if a patient has an asbestos-related disease by reviewing a person's medical, work and family history. X-rays and CT scans can identify an asbestos-related condition. Patients diagnosed with asbestosis should be yearly tested for lung function test to track the condition. This test can identify the progress of asbestosis and determine other health issues that can be associated with this disease. Patients suffering from asbestosis must also be vaccinated regularly to avoid the development of other respiratory ailments such as psoriasis. The EPA offers a TSCA Hotline as and an asbestos Ombudsman who can provide additional information and support.

Asbestos Database Development

Asbestos is comprised of fibrous minerals. It was widely used in the construction and industry due to its durability and fire retardant as well as corrosion resistance properties. Inhaling asbestos particles can cause a variety medical problems that include mesothelioma which is lung cancer as well as other organs, and neurological dysfunctions. These conditions can take 30 years or more to be diagnosed.

Many asbestos cases are multi-defendant, and require a complex investigation which is often hampered because of a failure to identify the proper asbestos products involved in every case. To identify each asbestos product, forensic experts are needed along with various investigative methods and tools, such as interviewing former coworkers, collecting invoices and delivery papers and taking samples at home and work. It is also essential to determine the type of asbestos, such as it's amosite or crysotile, or crocidolite.

We have extensive experience in defense of companies that are involved in the asbestos industry. This includes product manufacturers distributors, suppliers and manufacturers as well as contractors. Our team has been National Coordinating Counsel and Trial Counsel for a number of clients in asbestos litigation and has defended these companies in multiple jurisdictions across the nation. We are also Defense Liaison Counsel to several of these asbestos dockets in the states, where we manage local and regional counsel to ensure uniform and cost-effective defense strategies and results.

Our national approach in managing asbestos defense has proven to be efficient. In multiple instances it has reduced legal costs by millions of dollars when contrasted to the amount that corporations pay to other firms. This unique and aggressive approach to managing asbestos cases has been recognized by courts throughout the country.

We have also defended mass toxic tort suits brought against the producers of pharmaceutical, industrial and petroleum chemical substances. These lawsuits are based upon assertions that exposure to these chemicals has led to illnesses such as occupational asthma and restrictive and obstructive pulmonary disorders, and a variety of neurological conditions.

Medical Expert Witnesses

Medical expert witnesses are critical in asbestos cases, primarily because the signs of asbestos exposure can be easily confused with other illnesses like emphysema and other forms of lung cancer. It is vital that lawyers have access to experts who can differentiate the various diseases and explain how each illness is a result of different exposures.

The most reliable evidence for this is found in the medical records of asbestos victims. X-rays, CT scans and biopsy samples are often available for examination. However, in order to get the most value from this information, it's essential to have medical professionals who can analyze the data and opine about the probabilities, causation, and other issues.

Medical experts who testify in asbestos cases have a good reputation and have been involved in dozens perhaps hundreds, of cases. This credibility increases their credibility before the jury. These doctors have a lot of experience in preparing themselves to be witnesses, and they know the best way to respond to questions from defendants and how to present their findings to the court.

In addition to medical professionals It is also essential to have scientific experts to provide evidence on the different causes of asbestos attorneys-related diseases. It is not enough to prove that the victim has mesothelioma. It must be proven that the asbestos defendant exposed the plaintiff to carcinogens and the reason smoking increased the risk of mesothelioma.

Expert witness fees can make up a significant portion of the expenses that are associated with asbestos cases. It is therefore crucial that a defense attorney is adept at identifying and choose the best expert witness for a particular case.

At Swartz Campbell, we counsel material suppliers, product manufacturers premises owners, distributors, employers and other defendants in asbestos cases in federal and state courts across the nation. Our team of knowledgeable and dedicated lawyers is knowledgeable in asbestos litigation, offensively and defensively. Contact us today to learn how we can help you.