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Asbestos Defense Litigation Asbestos-related cases must be thoroughly studied. This includes identifying asbestos-related products and locating potential defendants. This may involve gathering information from relatives, coworkers or abatement workers and analyzing records and materials. Cetrulo LLP has served as the national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and collaborate with local counsel to develop consistent, cost-effective defense strategies. Asbestos Product Identification Asbestos is present in a variety of building materials, such as cement products, paints, and floor tiles. It is also present in artex, adhesives doors insulation, adhesives, and doors. It is very difficult to determine if the material is asbestos-free based on its appearance only. A professional environmental surveyor is able to conduct an inspection to determine the presence of asbestos. Asbestos fibers are tiny and light, meaning they can travel for a long distance even through closed doors or windows. Once they reach the lungs they can trigger the development of serious health conditions. Asbestos becomes dangerous when it is damaged and releases deadly fibres in the air. This is why it's crucial that building materials never be removed or disturbed without proper labeling and supported by a professional inspection. Due to the long time between exposure and illness the process of obtaining evidence-based discovery in an asbestos case is extremely difficult. Additionally there are significant issues related to the admissibility of experts from plaintiffs and testimony on the causal link between asbestos exposure and diseases. In these cases, asbestos defense lawyers can often argue for summary judgment based on an absence of a factual foundation. For example, imagine that plaintiff Paul was involved in a multi-vehicle collision 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 could be used to prove that defendant David is responsible for his injuries. A New York mesothelioma attorney with experience in this area should be consulted. They will go through all facts and documents, including any expert reports, to determine if summary judgment is the best solution. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can assist their clients through this process. Asbestos firms that practice nationwide can help their clients in filing their claims in the most appropriate jurisdiction. This could be the State of New York or a federal court located in New York City. Asbestos Disease Identification Asbestos is not being mined in the United States. However, it is still present in products and buildings that were manufactured prior to 1989. These products release fibers into the air when they begin to degrade. They can be breathed in. These fibers can cause several kinds of lung diseases. The lung diseases caused by asbestos exposure include asbestosis, mesothelioma and pleural disease. Those who inhale these fibers can experience a range of symptoms, including chest pain, fatigue, and breath shortness. These symptoms may not appear for a long time 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 ovaries. It can also cause a form of mesothelioma in the linings that line body cavities such as the stomach, the heart and the testes. Mesothelioma is difficult to diagnose because it has a latent period of time and shares many symptoms with other diseases such as rheumatoid joint arthritis and sarcoidosis. The people who have worked with asbestos or who have been exposed to significant environmental elements are at the highest risk of developing asbestos-related diseases. These include construction workers, boilermakers and shipyard workers, railroad and U.S. Navy veterans; and those who assisted with cleaning up following the September. 11 terrorist attacks. Some of them might be suffering from chest pain, coughing or breathing difficulties. A doctor can determine if an individual suffers from an asbestos-related illness by looking over the patient's medical background, work and family history. X-rays, CT scans and other tests can aid doctors in confirming the diagnosis of asbestos-related illness. Patients who are diagnosed with asbestosis should undergo a yearly pulmonary function test to monitor the condition. This test can identify the progress of asbestosis and detect other health issues that can be associated with this disease. Patients suffering from asbestosis should be vaccinated regularly to prevent other respiratory illnesses like psoriasis. The EPA offers a TSCA Hotline as well as an asbestos Ombudsman who can provide additional information and support. Asbestos Database Development Asbestos is a class of fibrous minerals that were often used in industrial and construction settings because of its durable, fire retardant, and corrosion resistant properties. The inhalation of asbestos particles, however, can lead to a variety of medical conditions, including mesothelioma (a cancer of the lungs and other organs), chronic lung diseases, and other neurological dysfunctions. These illnesses can be seen for 30 years or longer. Many asbestos cases are multi-defendant, and involve complex discovery, which is often complicated by a failure to identify the correct asbestos products involved in each case. To determine the asbestos products involved it is necessary to employ forensic experts along with various investigative tools and methods that include interviewing former co-workers, obtaining invoices and delivery papers and taking samples at home and work. It is also necessary to determine the type of asbestos, such as it's amosite, crysotile or the crocidolite. We have extensive experience in defending companies in the asbestos industry which includes product manufacturers, distributors, suppliers, and contractors. Our team has acted as National Coordinating Counsel, Trial Counsel, and Defense Counsel for a variety of clients in asbestos litigation. We have defended companies in multiple jurisdictions throughout the United States. We also serve as Defense Liaison Counsel for a number of these asbestos dockets in the states, where we manage regional and local counsel to ensure consistent and cost-effective defense strategies and results. Our national approach in managing asbestos defense has proven to be efficient. In numerous instances it has reduced legal costs by millions of dollars compared to the amount companies paid to other firms. Courts across the country have recognized this unique and aggressive approach in handling asbestos cases. We have also defended massive toxic tort suits filed against manufacturers of industrial, pharmaceutical and chemical compounds that are petrochemical in nature. These lawsuits are based on the claim that exposure to these chemicals has caused diseases such as restrictive and obstructive lung diseases and occupational asthma, as well as cancers of various types, and other neurological conditions. Medical Expert Witnesses Expert medical witnesses in asbestos cases are essential, mainly because many symptoms of asbestos exposure may be confused with other conditions like emphysema, among others of lung cancer. It is essential that lawyers have access to these experts who can help differentiate the various diseases and explain how each illness is a result of different types of exposures. Medical records of asbestos-related victims are typically the most reliable source of this evidence. X-rays are available and can be accessed through CT scans and biopsies. However, in order to get the most value from the information available, it is essential to have medical professionals who can sift through the information and offer opinions on probabilities, causation and other issues. The medical experts involved in asbestos cases are generally very well-known and have been a witness in dozens or even hundreds of other cases. This reputation increases their credibility in the eyes of the jury. Additionally, the knowledge and experience of these doctors in preparing for testimonies ensures that they are able 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 experts from the scientific community be able to testify on the causes of asbestos-related illnesses. It is not enough to prove that the patient has mesothelioma. It has to be shown how the asbestos defendant exposed the plaintiff to the carcinogen and how smoking aggravated the risk of mesothelioma. Expert witness fees can be much of the overall costs associated with asbestos cases. Fullerton asbestos lawyers is therefore crucial that a defense attorney be able to quickly identify and hire the best expert witness for the particular case. We represent manufacturers, material suppliers distributors, premises owners and material suppliers in asbestos cases before state and federal courts across the United States. Our team of experienced and dedicated attorneys is well-versed in asbestos litigation, both offensively and defensively. Contact us today to learn how we can help you.