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Asbestos Defense Litigation

Asbestos cases need to be thoroughly investigated. This includes identifying asbestos-related products and finding potential defendants. This could include collecting information from coworkers, family 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 attorneys to develop an efficient, cost-effective defense strategies.

Asbestos Product Identification

Asbestos can be found in a variety of building materials, such as cement products, paints, and floor Asbestos Defense Litigation tiles. It can also be found in artex, adhesives, doors insulation, and adhesives. It is difficult to tell if a material contains asbestos or not by its appearance. A professional environmental surveyor is able to conduct an inspection to determine the presence of asbestos.

When asbestos fibres are airborne, they're small and light, which means they can travel for long distances even through doors or windows. When they reach the lungs, they can cause serious health problems. Asbestos becomes dangerous when it is damaged and releases harmful fibres into the air. This is why it's important that building materials don't be removed or disturbed without proper labeling and supported by an expert inspection.

Due to the lengthy latency between exposure and illness the process of obtaining evidence-based discovery in an asbestos case is extremely challenging. Additionally there are significant issues related to 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 successfully argue for summary judgments due to the absence of a factual foundation. Consider, for instance, that plaintiff Paul was involved in a multi vehicle accident in New York City. But, he doesn't have information about the date and location of the accident, the cars involved or any other information that might support the conclusion that defendant David is responsible for his injuries.

In this type of circumstance in this type of situation, a seasoned New York mesothelioma lawyer should be in contact. They will review all the facts and documents, including any expert reports, to determine if summary judgment is the right solution. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can assist their clients through 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 located in New York City.

Asbestos Disease Identification

Asbestos is not mined anymore in the United States. However, it can still be found in the construction and other products that were manufactured prior to 1989. As these products degrade they release tiny fibers into the air that can be breathed in by those in the vicinity. These fibers are known to cause various lung ailments.

Lung diseases that are a result of asbestos exposure include the pleural disease (pleural plaques, thickening, and effusions), asbestosis and mesothelioma. Inhaling asbestos fibers can trigger various symptoms, including chest pain, fatigue and breath shortness. These symptoms may not appear for a long time after an asbestos law and litigation exposure.

All forms of asbestos, including chrysotile are carcinogenic for humans. Asbestos exposure can cause cancers of the larynx, lungs and ovaries. It can also trigger mesothelioma which develops in the interior of body cavities, like those in the stomach, heart and testes. Mesothelioma can be difficult to recognize, as it has a long latent period and a variety of symptoms that are similar with other conditions, such as sarcoidosis and rheumatoid arthritis.

The most likely to develop asbestos-related illnesses are those who have worked directly with the material or had exposure to significant environmental hazards. This includes boilermakers, construction workers and shipyard workers; railroad workers and U.S. Navy veterans; and those who helped with cleaning up after the September. 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 tell if the patient suffers from an asbestos-related condition by reviewing a person's medical background, work and family history. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos. Patients diagnosed with asbestosis should have a yearly pulmonary function test to monitor the condition. The test will help detect the progression of asbestosis and detect other health issues that can be a result of this disease. Patients suffering from asbestosis should also receive regular vaccinations to prevent the development of other respiratory ailments such as psoriasis. The EPA has a TSCA Hotline as and an asbestos litigation online 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 strength as well as its fire-repellant and corrosion resistance properties. Inhaling asbestos particles can lead to a variety of medical issues, including mesothelioma (a cancer of the lungs and other organs) as well as chronic lung diseases, and other neurological problems. These diseases may take 30 years or more to manifest.

In many asbestos cases, there are multiple defendants and complex discovery. This can be a challenge when the asbestos-related products that are involved in a particular case cannot be identified. To determine the asbestos products involved, forensic experts are needed, as well as various investigative tools and methods that include interviewing former coworkers, collecting invoices and delivery papers and taking samples at work and at home. The type of asbestosamosite, chrysotile or crocidolite -- must be identified.

We have a wealth of experience in defending asbestos-related businesses including product manufacturers, distributors, suppliers, and contractors. Our team has been the National Coordinating Counsel and Trial Counsel for a variety of clients in latest asbestos litigation litigation, and we have defended these companies in multiple jurisdictions across the nation. We are also Defense Liaison Counsel to several of these states' asbestos dockets, which we manage local and regional counsel to ensure consistent and cost-effective defense strategies and outcomes.

Our national strategy to manage the asbestos defense has been proven effective and, in numerous instances, has decreased legal spend by millions of dollars when compared to the amount companies paid when being represented by other firms. Courts across the nation have recognized our unique and aggressive approach to managing asbestos cases.

We have also defended mass toxic tort suits brought against manufacturers of industrial, pharmaceutical and petroleum chemical substances. These lawsuits are based upon assertions that exposure to these chemicals has caused ailments like occupational asthma, restrictive and obstructive pulmonary disorders, as well as other neurological disorders.

Medical Expert Witnesses

Medical expert witnesses are critical in asbestos cases, primarily because many of the symptoms of exposure to asbestos can be easily confused with other ailments like emphysema and other forms of lung cancer. It is essential for attorneys to have access to experts in these fields to help distinguish the various diseases and explain how each illness is caused by different types of exposures.

The most reliable source of this evidence is the asbestos victim's medical records. X-rays are available and can be accessed through CT scans and biopsies. To make the most out of these data, medical experts are required to sort through the information and offer their views on probabilities, causes, and other issues.

Medical experts who testify in asbestos cases have a good reputation and have been involved in dozens, or even hundreds of cases. This reputation increases the credibility of these experts in the eyes of the jury. Furthermore, the experience of the doctors who prepare for testimonies is that they know how to anticipate questions from the defense and how to present information to the judge.

In addition to medical professionals, it is also necessary to have experts from the scientific community testify about the various causes of asbestos-related diseases. It is not enough to prove that a mesothelioma sufferer is a victim. It is necessary to prove that the asbestos victim exposed her to carcinogens, and why smoking increases the risk of mesothelioma.

Expert witness fees can account for an enormous portion of overall expenses associated with asbestos cases. This is why it is crucial for a defending attorney to be able to effectively choose and employ the most suitable expert witness for the case.

We represent material suppliers, product manufactures 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 learn how we can help you.