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Asbestos Defense Litigation Asbestos cases require careful investigation of the injured person's work background, identifying asbestos-related products and locating potential defendants. This may involve gathering information from relatives, coworkers asbestos abatement workers, as well as analysing documents and other material. Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets, and work with local counsel to achieve efficient, cost-effective defense strategies. Asbestos Product Identification Asbestos is present in a variety of building materials, including cement products, paints and floor tiles. It can also be found in artex, adhesives, doors insulation, and adhesives. It can be very difficult to determine if a material contains asbestos from its appearance only. A professional environmental surveyor can conduct an inspection to determine the presence of asbestos. Asbestos fibres are small and light, meaning they can travel a considerable distance, even through closed doors and windows. When they reach the lungs, they can cause serious health problems. Asbestos becomes dangerous when it is damaged and releases deadly fibres into the air. This is why it's very important that building materials don't be removed or disturbed unless they are properly labeled and followed by an expert inspection. Due to the long time between asbestos exposure and illness It is extremely difficult to obtain meaningful discovery in an asbestos action. In addition there are a number of concerns regarding the admissibility of plaintiffs' experts and their testimony regarding the causal link between asbestos exposure and disease. In these situations, asbestos defense lawyers can often argue for summary judgement based on the absence of a factual foundation. For example, imagine that plaintiff Paul was involved in a multi-vehicle crash in New York City. But, he doesn't have information regarding the date and location of the accident, the cars involved or any other information that might be used to prove that defendant David is liable for his injuries. In this type of situation it is recommended that a skilled New York mesothelioma lawyer should be consulted. They will analyze the facts of the case, as well as any expert reports or other documentation, to determine if summary judgment is the right remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can aid their clients in this process. Baldwin Park asbestos lawyers who practice across the country can also assist their clients with filing their claims in the most favorable jurisdiction. This could include the State of New York, or a federal district court in New York City. Asbestos Disease Identification Although asbestos is no longer mined or processed in United States, it still exists in buildings and products that were produced prior to 1989. When these products deteriorate, they release tiny fibers into the air that can be inhaled by those who are nearby. These fibers can cause several kinds of lung diseases. Lung diseases that are a result of asbestos exposure include the pleural disease (pleural plaques, thickening and effusions) asbestosis, mesothelioma, and asbestosis. Inhaling these fibers can cause many symptoms, including 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 lead to cancers of the lungs, larynx, and the ovaries. It also can cause a form of mesothelioma that develops in the interior of body cavities, like those in the stomach, the heart and the tests. Mesothelioma isn't easy to diagnose, since it has a lengthy latent period and has many symptoms that are comparable with other conditions such as rheumatoid arthritis and sarcoidosis. Those who have worked with asbestos or have been exposed to significant environmental factors are the most at risk of developing asbestos-related ailments. 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 on September 11, 2001. Some of them might suffer from chest pain, coughing or breathing problems. A doctor can determine whether a patient suffers from an asbestos-related illness by examining the patient's medical background, work history, and background of family members. X-rays, CT scans and other tests can aid doctors in confirming the diagnosis of asbestos. Patients diagnosed with asbestosis must undergo a yearly lung function test to check the condition. The test will help detect the progress of asbestosis as well as determine other health issues that can be a result of this disease. Patients with this condition must also be vaccinated regularly to avoid the development of other respiratory illnesses such as psoriasis. The EPA offers a TSCA Hotline as well as an Asbestos Ombudsman who can provide more information and support. Asbestos Database Development Asbestos is made up of fibrous minerals. It was extensively used in the construction and industry because of its durability and fire retardant as well as corrosion resistance properties. The inhalation of asbestos particles can cause a variety of medical conditions, including mesothelioma (a cancer of the lungs and other organs) and chronic lung diseases, as well as other neurological dysfunctions. These illnesses may take 30 years or more to appear. Many asbestos cases are multi-defendant and require complex discovery, which is often complicated due to a lack of identification of the right asbestos products in each case. To determine the asbestos products involved, forensic experts are needed along with a variety of investigative methods and tools that include interviewing former colleagues, obtaining invoices and delivery papers and taking samples at home and work. It is also important to determine the type of asbestos, whether it's amosite, crysotile, or the crocidolite. We have extensive experience in defense of companies that are involved 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, Trial Counsel and Defense Counsel for a variety of clients involved in asbestos litigation. We have defended companies in multiple jurisdictions across the United States. We also serve as Defense Liaison Counsel for several of these asbestos dockets in the states, which we manage regional and local counsel to ensure consistent and cost-effective defense strategies and results. Our national approach to managing asbestos defense has proven to be efficient. In multiple instances, it has reduced legal costs by millions of dollars compared to the amount companies pay to other firms. Courts across the nation have recognized this unique and aggressive approach to handling asbestos cases. We have also defended mass toxic tort suits brought against the manufacturers of industrial, pharmaceutical and chemical compounds that are petrochemical in nature. These lawsuits are based on the claim that exposure to these chemicals can cause diseases like restrictive and obstructive lung disorders and occupational asthma, as well as cancers of all kinds, and other neurological conditions. Medical Expert Witnesses Expert medical witnesses are essential in asbestos cases, primarily because the symptoms of exposure to asbestos are easily confused with other illnesses like emphysema, or other types of lung cancer. It is important for attorneys to have access to experts in these fields who can assist in identifying the various types of diseases and explain how each illness is caused by different kinds of exposures. Medical records of asbestos-related victims are typically the most reliable source of this evidence. X-rays, CT scans and biopsy samples are typically available for examination. However, in order to get the most benefit from this information, it's essential to have medical professionals who can sift through the information and make a decision on the probabilities, causation, and other issues. The medical experts involved in asbestos cases are usually very well-known and have testified in dozens or even hundreds of other cases. This credibility increases their credibility before the jury. Furthermore, the experience of these doctors in preparing for testimony means that they know how to anticipate questions from the defense team and how to present their findings to the court. In addition to medical experts in addition, it is essential 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 demonstrated how asbestos exposure exposed the plaintiff to carcinogens and the reason smoking increased the risk of mesothelioma. Expert witness fees can be an enormous portion of overall costs associated with asbestos cases. This is why it is important for a defending attorney to be able identify and hire the right expert witness for a given case. We represent manufacturers, material suppliers distributors, and property owners in asbestos cases in federal and state courts throughout the United States. Our team of experienced and dedicated lawyers is knowledgeable in asbestos litigation, both offensively and defensively. Contact us today for more information on how we can help you.