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Asbestos Defense Litigation Asbestos cases require a thorough investigation of the injured person's work background, identifying asbestos-related products and finding potential defendants. This may involve gathering information from family members, coworkers, members, abatement workers and studying records. 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 consistent, cost-effective defense strategies. Asbestos Product Identification Asbestos is found in a variety of building materials, including cement products, paints and floor tiles. It is also found in artex, adhesives doors insulation, and adhesives. It is very difficult to determine whether or not a material contains asbestos from its appearance only. A professional environmental surveyor is able to conduct an inspection to determine whether the material is contaminated with asbestos. When asbestos fibres are airborne, they're small and light, which means they can travel for long distances even through windows or doors. Once they reach the lungs they can trigger the formation of serious health issues. Asbestos becomes dangerous when it is damaged and releases harmful fibres into the air. It is crucial to not disturb or remove building materials unless they have been properly labelled and accompanied by an inspection. Due to the long latency between asbestos exposure and disease it can be very difficult to obtain relevant evidence in an asbestos lawsuit. In addition, there are significant issues related to the admissibility of the plaintiffs' experts and their testimony regarding the causal connection between asbestos exposure and diseases. In these types of situations, asbestos defense attorneys can often successfully argue for summary judgments in the lack of a solid factual basis. Imagine, for example, that plaintiff Paul was in an accident involving multiple vehicles in New York City. However, he does not have information regarding the date and location of the accident, the vehicles involved or any other details that could support the conclusion that defendant David is responsible for his injuries. A New York mesothelioma attorney with experience in this field is recommended. They will review the facts of the case, along with any expert reports and other documents, 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. Asbestos firms that practice nationwide 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 Asbestos is no longer mined in the United States. However, it is still found in the construction and other products made prior to 1989. These products release fibers into the atmosphere when they deteriorate. They can be breathed in. These fibers have been known to cause a variety of 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, such as chest pain, fatigue and shortness of breathe. These symptoms may not be apparent until years after exposure to asbestos. All forms of asbestos, including chrysotile can cause cancer in humans. Exposure to asbestos causes lung cancers and larynx, as well as ovaries. It can also trigger mesothelioma which develops in the interior of body cavities, like those in the stomach, the heart and the testes. Mesothelioma is difficult to recognize because it is a latent period of time and has symptoms with other conditions like rheumatoid arthritis and sarcoidosis. The people who have worked with asbestos or have been exposed to significant environmental factors are the most at risk of developing asbestos-related illnesses. This includes boilermakers, construction workers, and shipyard workers. Included are railroad workers and U.S. Navy vets and those who worked to clean up after the terrorist attacks of September 11, 2001. Some of the symptoms of these people include breathing difficulty coughing, chest pain and chest pain. A doctor can determine whether the patient suffers from an asbestos-related condition by reviewing the medical, work and family history. X-rays, CT scans and other tests can aid doctors in confirming an asbestos-related diagnosis. Patients with asbestosis are encouraged to have a yearly lung function test. This test will allow them to assess their health. This test can detect the progression of asbestosis and identify other health issues that can be related to this condition. Patients with asbestosis should also be vaccinated regularly to prevent other respiratory illnesses like psoriasis. The EPA has a TSCA Hotline as and an asbestos Ombudsman who can provide more information and assistance. Asbestos Database Development Asbestos is composed of fibrous minerals. It was extensively employed in industry and construction due to its durability and fire retardant as well as corrosion resistance properties. The inhalation of asbestos particles can cause a variety of medical issues, including mesothelioma (a cancer of the lungs and other organs) and chronic lung diseases, as well as other neurological dysfunctions. These illnesses can be seen for over a period of 30 years or more. Many asbestos cases are multi-defendant and require complex discovery, which is often complicated by a failure to identify the proper asbestos products involved in every case. To determine the asbestos products involved it is necessary to employ forensic experts along with a variety of investigative tools and methods that include interviewing former colleagues, obtaining invoices and delivery papers and taking samples at work and at home. The type of asbestos -amosite, chrysotile or crocidolite — must also be determined. We have a vast amount of experience defense of companies that are involved in the asbestos industry. This includes companies that manufacture products, distributors and suppliers as well as contractors. Our team has acted as National Coordinating Counsel, Trial Counsel, and Defense Counsel for a variety of asbestos litigation clients. We have represented clients across the United States. We are also Defense liaison counsel for various asbestos dockets across these states, where we manage the regional and local attorneys to ensure consistent and efficient defense strategies and outcomes. Our national approach to managing the asbestos defense has proved to be effective and, in a number of instances, has decreased legal spend by millions of dollars compared to what companies paid when being represented by other firms. This unique and aggressive approach to managing asbestos cases has been acknowledged by courts across the nation. We have also defended massive toxic tort lawsuits brought against the producers of pharmaceutical, industrial and petroleum chemical substances. These lawsuits stem from assertions that exposure to these chemicals has led to illnesses such as occupational asthma and restrictive and obstructive pulmonary disorders, and a variety of neurological disorders. Medical Expert Witnesses Expert medical witnesses are essential in asbestos cases, principally because the symptoms of exposure to asbestos are easily confused with other conditions like emphysema and other types of lung cancer. Schaumburg asbestos lawsuits is essential that lawyers have access to experts who can differentiate the different diseases and show the way each disease is a result of different exposures. The most reliable source of this evidence is in the medical records of asbestos victims. X-rays can be found, as well as CT scans and biopsies. However, to get the most benefit from this information, it is essential to have medical professionals who are able to analyze the data and opine about probabilities, causation and other issues. The medical experts involved in asbestos cases are usually well-known and have testified in dozens, or even hundreds of other cases. This credibility boosts the credibility of these experts in the eyes the jury. They have a lot of experience when it comes to preparing to be witnesses, and they know how to respond to questions from defendants and how to present the evidence to the court. In addition to medical experts, it is also necessary to have scientists be able to testify on the causes of asbestos diseases. It is not sufficient to prove the mesothelioma patient is in fact diagnosed. It must be shown that the asbestos defendant exposed her to carcinogens and how smoking can increase the risk of mesothelioma. Expert witness fees can make up a significant portion of the costs that are associated with asbestos cases. This is why it is crucial for a defending attorney to be able to effectively find and select the best expert witness for the case. At Swartz Campbell, we counsel material manufacturers, suppliers premises owners, distributors, employers and other defendants in asbestos cases in federal and state courts across the nation. Our team of experienced and dedicated lawyers is knowledgeable in asbestos litigation, both offensively and defensively. Contact us today to find out how our firm can assist you.