20 Interesting Quotes About Asbestos Litigation Defense

Asbestos Litigation Defense

In order to defend businesses against asbestos-related lawsuits and claims, it is essential to review the plaintiff's medical records, work history and testimony. We typically use a bare metal defense that focuses on the fact that your company did not manufacture or sell the products containing asbestos at issue in the claimant's lawsuit.

Asbestos cases require a unique approach and a determined strategy to achieve success. We are regional, local, and national counsel.

Statute of Limitations

The majority of lawsuits must be filed within a certain time period, known as the statute of limitations. For asbestos cases, this means that the legal deadline for filing is between one and six years after a victim is diagnosed with an asbestos-related disease. It is essential for the defense to prove that the alleged injury occurred within the timeframe. Often,  asbestos litigation group  means reviewing the entirety of the plaintiff's past work history, including interviews with former coworkers as well as the careful examination of Social Security, union, tax and other records.

In defending an asbestos-related case, there are many complicated issues. Asbestos victims may develop a less severe illness, such as asbestosis, before they are diagnosed with a fatal illness like mesothelioma. In these cases, the defense attorney will argue that the statute of limitation should begin when the victim realized or ought to have known that exposure to asbestos causes their disease.

The complexity of these cases is made more difficult by the fact that the time limit for filing a lawsuit may differ from state to state. In these cases, a seasoned mesothelioma lawyer may try to bring the case to the state in which the majority of the exposure alleged to have taken place. This can be a daunting task as asbestos sufferers often move around the country looking for work and the alleged exposure could have occurred in several states.

Finally, the discovery process is challenging in asbestos litigation. Contrary to other types of personal injury cases, which often have only a handful of defendants, asbestos-related litigation usually includes dozens or more defendants. This means it is often difficult to find a relevant evidence in these cases, especially when the plaintiff's argument for injuries spans decades and involves many defendants.

The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We work closely with local and regional counsel to develop litigation strategy as well as manage local counsel and achieve consistent, cost-effective results, in coordination with client objectives. We frequently appear in front of coordinating and trial judge, as and litigation masters across the country.

Bare Metal Defense

In the past, manufacturers of boilers, turbines valves and pumps have protected themselves against asbestos lawsuits using what is known as "bare metal" doctrine or the component part doctrine. This defense states that a company is not responsible for asbestos-related injury caused by replacement parts they did not manufacture or install.

In the case of Devries, an employee of an Tennessee Eastman chemical plant sued several equipment manufacturers for his mesothelioma. Plaintiff's job entailed the removal and replacement of steam traps, insulation and gaskets for equipment like valves, pumps and steam traps (Equipment defendants). He claimed asbestos exposure occurred during his time at the plant and was diagnosed with mesothelioma a few years later.

The Supreme Court's decision in Devries has changed the course of asbestos litigation. It could affect how courts in other jurisdictions address the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court said that this use of the bare-metal defense is "cabined" in maritime law, but left open the possibility for other federal circuits to apply this doctrine to cases that are not maritime.

This was the first time an appeals court of the federal level has used the defense of bare metal in an asbestos lawsuit, and represents quite a departure from the norms of product liability law. The majority of courts have understood "bare metal" as a rejection of the responsibility of a manufacturer to warn about harms caused by replacement parts it did not make or sell.

The McGivney, Kluger, Clark & Intoccia team is regularly serving as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We help our client develop strategies for litigation, oversee regional and local counsel, and ensure an efficient, cost-effective defense in accordance with their goals. Our attorneys also speak at industry conferences about key issues affecting asbestos litigation. Our firm has a long history of defending clients across the 50 states and working closely with trial courts, coordinating judges and litigation special masters. Our unique method has proven successful in decreasing our clients' risk and legal costs.

Expert Witnesses

A person with specialized expertise, skills or experience can be an expert witness. They offer independent assistance to a judge by providing an unbiased opinion on matters within their area of expertise. He must clearly state the facts or assumptions upon the basis of his opinion and should not omit to look into matters that could affect his opinions.

In the event that asbestos exposure is suspected, medical experts may be required to help evaluate the claimant's condition and identify any causal links between the condition and the identified source of exposure. Many of the illnesses that are caused by asbestos are complicated, requiring the expertise of specialists in the field. This could include doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health specialists.

Experts are there to offer unbiased technical assistance, regardless of whether they represent the prosecution or the defense. Experts should not be an advocate or attempt to influence the jury to favor his client. He should not attempt to convince jurors or promote an argument.

The expert should cooperate with the other experts in trying to narrow any technical issues at a very early stage and eliminate any irrelevant issues. The expert should also work with those instructing him in identifying areas of agreement and disagreement for the purpose of the joint statement of experts ordered by the court.

The expert should, at the end of his examination, present his conclusions and the reasons for them in a way that is clear and easy to comprehend. He should be prepared to answer questions from either the judge or the prosecution, and be prepared to address all points that are raised during cross-examination.

Cetrulo LLP is well versed in protecting clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our lawyers are able to advise and manage national and regional defense counsel, as well as local and regional experts and witnesses. Our team is regularly in front of trial judges, coordinating judges and special masters in asbestos litigation across the nation.

Medical Experts

Expert witnesses are vital in cases involving asbestos-related injuries due to the delay between exposure to asbestos and the onset symptoms. Asbestos cases often involve complex theories of injuries that can span decades and involve hundreds or even dozens of defendants. It is almost impossible for a plaintiff to prove their case without the help of experts.

Medical and other scientists are essential to determine the extent of a claimant's exposure, evaluate their medical conditions and provide information about potential future health problems. These experts are vital to any case, and must be thoroughly checked and educated about the subject. The more experience an expert in medicine or science has the more persuasive they is.

In many asbestos cases a medical expert or scientist is required to look over the records of the claimant and conduct a physical exam. These experts can testify as to whether exposure to asbestos was enough to trigger a specific medical condition like mesothelioma or lung cancer, or other types of scarring in the lungs and respiratory tract (e.g. the pleural plaques).

It is possible to consult other experts, such as industrial hygienists, in order to determine the presence of asbestos exposure levels. They can employ advanced analytical and sampling techniques to evaluate the asbestos concentrations in the air at a workplace or home to the legal exposure standards.

These experts can be beneficial in defending companies that manufacture or distribute asbestos-related products. They are often capable of proving that plaintiffs' exposure levels were below the legal limits and that there was not evidence of negligence on the part of the employer or the responsibility of the manufacturer of the product.

Other experts in these instances include environmental and occupational experts who can provide insight on the safety procedures at a particular workplace or business and how they relate to the liability of asbestos manufacturers. For instance, these experts can establish that the materials damaged during a remodel are more likely to contain asbestos, or shaking out clothing contaminated with asbestos can cause asbestos fibers to release and be inhaled.