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Asbestos Defense Litigation Asbestos cases need to be thoroughly examined. This involves identifying asbestos-containing products and locating potential defendants. This may involve gathering information from relatives, coworkers members, abatement workers, and reviewing records. Cetrulo LLP has served as the national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and work with local attorneys to achieve the same, cost-effective defense strategies. Asbestos Product Identification Asbestos is found in hundreds of building materials – cement products, paints, floor tiles, adhesives, artex, insulation and doors to name the most common. It is difficult to tell if a material contains or does not contain asbestos simply by looking at it. A certified environmental surveyor can conduct an inspection to determine the presence of asbestos. When asbestos fibres become airborne, they are very small and light – meaning they can travel for long distances, even through closed windows or doors. Once they get into the lungs, they can cause the development of serious health conditions. Asbestos is most dangerous when it becomes damaged and releases deadly fibers into the air. It is vital to not remove or disturb building materials unless they have been properly labeled and accompanied by an inspection. Due to the lengthy latency between asbestos exposure and disease it can be very difficult to obtain a meaningful discovery in an asbestos action. Additionally there are a number of issues regarding the admissibility of the plaintiffs' experts and testimony about the causal link between asbestos exposure and the onset of disease. In these kinds of situations asbestos defense lawyers can often successfully argue for summary judgment due to the lack of a factual basis. For example, imagine that plaintiff Paul was involved in a multi-vehicle crash in New York City. He doesn't know the date, location, cars involved or any other details that could be used to support a conclusion that defendant David was responsible for his injuries. A New York mesothelioma attorney with expertise in this field is recommended. They will review all the facts and documents, including any expert reports to determine if a summary judgment is the appropriate solution. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can assist their clients with this process. Asbestos law firms across the country can help their clients to file their claims in the best jurisdiction. This may include the State of New York or a federal court located in New York City. Asbestos Disease Identification Although asbestos is not being mined or processed in the United States, it still exists in buildings and products that were made prior to 1989. These products can release fibers into the air as they degrade. They can be inhaled. These fibers can cause many lung illnesses. The lung diseases caused by asbestos exposure include asbestosis, mesothelioma and pleural disease. People who breathe in asbestos fibers can experience a range of symptoms, including chest pain, fatigue, and shortness of breath. These symptoms could not be noticed for a long time after an asbestos exposure. All forms of asbestos including chrysotile, are carcinogenic to humans. Exposure to asbestos can cause lung cancer, larynx and ovaries. It can also trigger mesothelioma, a type of cancer that develops in the linings of body cavities, including those found in the stomach, heart and tests. Mesothelioma is difficult to diagnose because it is a latent period of time and shares many symptoms with other diseases like rheumatoid arthritis and sarcoidosis. Those who have been exposed to asbestos or who have been exposed to significant environmental elements are the most at risk of developing asbestos-related illnesses. These include construction workers, boilermakers and shipyard workers; railroad workers and U.S. Navy veterans; and those who participated in clean-up after the Sept. 11 terrorist attacks. These people may experience chest pain, coughing or breathing problems. A doctor can determine whether the patient suffers from an asbestos-related condition by reviewing the patient's medical background, work and family history. X-rays and CT scans can confirm an asbestos-related illness. Patients diagnosed with asbestosis should have a yearly lung function test to check the condition. This test can detect asbestosis progression and identify other health issues that could be connected to the condition. Patients suffering from asbestosis must also be vaccinated regularly to prevent the development of other respiratory diseases such as psoriasis. The EPA has a TSCA Hotline as well as an asbestos Ombudsman who can provide additional information and assistance. Asbestos Database Development Asbestos is composed of fibrous minerals. It was extensively used in the construction and industry because of its durability, fire retardant and corrosion resistance properties. Inhaling asbestos particles, however, can cause a variety of medical issues, including mesothelioma (a lung cancer and other organs) and chronic lung diseases, and neurological dysfunctions. These conditions can manifest for in 30 years or more. In many asbestos cases, there are multiple defendants and complex discovery. This is often complicated when the asbestos materials that are involved in a particular case cannot be identified. The ability to identify each product in an asbestos case requires the assistance of forensic experts and the use of a range of investigative tools and methods, such as interviews with former co-workers and other witnesses and subpoenaing work orders, invoices, delivery documents and other documents from employers, and obtaining samples from both workplaces and homes. The type of asbestos -amosite, chrysotile or crocidolite, must be identified. We have a wealth of experience in defending companies in the asbestos industry including distributors, manufacturers, suppliers, and contractors. Our team has served as National Coordinating Counsel, Trial Counsel, and Defense Counsel for numerous clients involved in asbestos litigation. We have defended companies in multiple jurisdictions throughout the country. We also serve as Defense liaison counsel for several asbestos dockets in these states where we oversee the local and regional attorneys to ensure consistent and efficient defense strategies and results. Our national approach in managing asbestos defense has proven efficient. In numerous instances, it has reduced legal costs by millions of dollars when compared to the amount companies pay to other companies. This unique and aggressive approach to managing asbestos cases has been praised by courts across the nation. We also have defended mass toxic tort lawsuits brought against manufacturers of industrial, pharmaceutical and petroleum chemical substances. Alexandria asbestos lawsuit are based on the claim that exposure to these chemicals has led to ailments 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 misinterpreted as other ailments like emphysema, among others of lung carcinoma. It is important for attorneys to have access to experts in these fields who can aid in identifying different diseases and explain how each disease is caused by different kinds of exposures. Medical records of asbestos victims are often the most reliable source of this evidence. X-rays, CT scans and biopsy samples are often available for examination. However, in order to make the most of this information, it is important to have medical experts who can analyze the information and offer opinions on probabilities, causation and other issues. Medical experts who are called to testify in asbestos cases have a good reputation and have been involved in dozens, if not hundreds of cases. Their reputation boosts their credibility in the eyes of the jury. They have a lot of experience when it comes to preparing to testify, and therefore they know the best way to answer questions from defendants and how to present the information to the court. It is important to have both scientists and medical experts testify on the different causes of asbestos disease. It is not enough to show that the victim has mesothelioma. It has to be demonstrated how the asbestos defendant exposed the plaintiff to the carcinogen and the reason smoking increased the risk of mesothelioma. Expert witness fees can constitute a substantial portion of costs 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. We represent material manufacturers, suppliers of products distributors, premises owners and material suppliers in asbestos cases in state and federal courts across the United States. Our team of committed and experienced lawyers are proficient both defensively and offensively in asbestos litigation. Contact us to find out what we can do to help you.