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Asbestos Defense Litigation Asbestos cases require diligent investigation of the injured person's work history, identifying asbestos products and finding potential defendants. This may involve gathering information from relatives, coworkers or abatement workers and studying documents and other materials. 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 develop the same, 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 the most common. It can be very difficult to determine whether or not the material is asbestos-free based on its appearance alone. The most effective method to determine the presence of asbestos is to have a professional environmental surveyor inspect the material. Asbestos fibers are tiny and light, which means they can travel a considerable distance even through closed doors and windows. When they get into the lungs, they can trigger the formation of serious health issues. Asbestos is dangerous if it is damaged and releases deadly fibres into the air. This is why it's important that building materials not be removed or disturbed without proper labeling and accompanied by a professional inspection. Due to the long time between exposure and illness, obtaining meaningful discovery in an asbestos lawsuit is extremely difficult. In addition there are significant issues related to the admissibility of plaintiffs' experts and testimony about the causal connection between asbestos exposure and disease. In these types of cases asbestos defense lawyers are often able to argue for summary judgment in the absence of a factual foundation. Consider, for instance, that plaintiff Paul was in a multi-vehicle accident in New York City. He does not know the date, location of the vehicles involved or any other details that could lead to the conclusion that defendant David was liable for his injuries. In this type of circumstance in this type of situation, a seasoned New York mesothelioma lawyer should be consult. They will go through all facts and documents, including expert reports to determine if a summary judgment is the right solution. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy are able to assist their clients through this process. Asbestos law firms throughout the country can help their clients to 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 manufactured before 1989. These products can 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 resulting from asbestos exposure include the pleural disease (pleural plaques, thickening, and effusions), asbestosis and mesothelioma. Those who inhale these fibers can experience a range of symptoms such as chest pain, fatigue, and breath shortness. These symptoms could not be noticed for many years after asbestos exposure. All forms of asbestos, including chrysotile can cause cancer in humans. Asbestos exposure can cause cancers of larynx, lungs, and the ovaries. It can also trigger a type of mesothelioma that is found in the linings found in body cavities such as the stomach, the heart and testes. Mesothelioma is difficult to identify because it has a long period of time and shares many symptoms with other conditions such as rheumatoid joint arthritis and sarcoidosis. People who have worked with asbestos or who have been exposed to significant environmental factors are at the highest risk of developing asbestos-related illnesses. This includes boilermakers, construction workers, and shipyard workers. Additionally, there are railroad and U.S. Navy vets and those who assisted in cleaning up after the terrorist attacks of September 11, 2001. They may experience chest pain, coughing, and breathing problems. A doctor can determine whether a patient suffers from an asbestos-related disease by reviewing the person's medical background, work history, and family history. X-rays and CT scans can confirm an asbestos-related illness. Patients with asbestosis are encouraged to undergo a yearly lung function test. This can help assess their health. The test will help detect the progression of asbestosis and determine other health issues that could be related to this condition. Patients suffering from asbestosis must also be vaccinated regularly to prevent the onset of other respiratory diseases such as psoriasis. Amarillo asbestos lawsuit offers a TSCA Hotline as well as an asbestos Ombudsman who can provide additional information and help. Asbestos Database Development Asbestos is a class of fibrous minerals that was once widely used in industrial and construction settings due to its long-lasting as well as fire-proof and corrosion resistant properties. The inhalation of asbestos particles, however, can cause a range of medical issues, including mesothelioma (a cancer of the lungs and other organs) and chronic lung diseases, as well as other neurological problems. These illnesses can be seen for over a period of 30 years or more. 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 each case. To determine the asbestos products involved the need for forensic experts, as well as various investigative methods and tools like interviewing former coworkers, collecting invoices and delivery papers, and taking samples at home and work. It is also necessary to determine the kind of asbestos, if it's amosite or crysotile, or the crocidolite. We have extensive experience in protecting companies in the asbestos industry. This includes manufacturers of products distributors, suppliers, and manufacturers as well as contractors. Our team has served as National Coordinating Counsel and Trial Counsel for a number of clients in asbestos litigation and has defended the companies in a variety of jurisdictions across the United States. We are also Defense Liaison Counsel for several of the states' asbestos dockets which we manage regional and local counsel to ensure consistent and cost-effective defense strategies as well as outcomes. Our national strategy for managing asbestos defense has been successful and, in numerous instances, has reduced legal spend by millions of dollars compared to the amount companies were paying when they were being represented by other firms. This unique and aggressive method of managing asbestos cases has been recognized by courts throughout the country. We have also defended mass toxic tort lawsuits brought against the producers of pharmaceutical, industrial and petrochemical chemicals. These lawsuits are based on assertions that exposure to these chemicals has caused illnesses such as occupational asthma and restrictive and obstructive pulmonary disorders, and a variety of neurological conditions. Medical Expert Witnesses Expert medical witnesses are essential in asbestos cases, primarily because the signs of exposure to asbestos are easily confused with other ailments such as emphysema or other forms of lung cancer. It is crucial that attorneys have access to experts who can help distinguish the different diseases and show the way each disease is the result of different types of exposures. The most reliable evidence for this is in the medical records of asbestos victims. X-rays are available, as well as CT scans and biopsies. To make the most of this information, medical experts are needed to sift the information and offer their opinions on possible causes, probabilities and other issues. Medical experts who are called to testify in asbestos cases have a great reputation and have been involved in dozens, perhaps hundreds, of cases. This credibility increases the credibility of these experts in the eyes of the jury. Furthermore, the experience of these doctors in preparing for testimonies means that they know how to anticipate questions from the defense team and how to present information to the court. It is crucial that experts from both the scientific and medical fields testify on the different causes of asbestos disease. It is not enough to prove the mesothelioma patient is in fact diagnosed. It is necessary to prove that the asbestos defendant exposed her to carcinogens and the reason smoking increases the risk of mesothelioma. Expert witness fees can make up an important portion of expenses associated with asbestos cases. It is therefore crucial that a defense attorney is adept at identifying and choose the best expert witness for the particular case. At Swartz Campbell, we counsel material suppliers, product manufacturers, distributors, premises owners employers, employers and other defendants in asbestos cases in federal and state courts across the country. Our team of experienced and committed lawyers is well-versed in asbestos litigation, both offensively and defensively. Contact us to find out how we can help you.