Asbestos Litigation Defense
To defend companies against asbestos-related lawsuits in the future, it is essential to examine the medical records of the plaintiff as well as their work history and witness. We typically use the bare metal defense, which is based on the argument that your company didn't manufacture or sell the asbestos-containing products at issue in the case of a claimant.
Asbestos cases are special and require a determined approach to achieving successful results. We act as local, regional and national counsel.
Statute of limitations
The majority of lawsuits must be filed within a specific time frame, also known as the statute of limitations. In asbestos cases the deadline to file a lawsuit is between one and 6 years after the victim is diagnosed with an asbestos-related disease. For the defense it is crucial to prove that the claimed injury or death did not occur prior to this timeframe. In most cases, this involves reviewing the entirety of the plaintiff's past work history, which includes interviews with former colleagues and the careful review of Social Security, union, tax and other records.
In defending asbestos cases, there are many complicated issues. Asbestos victims may develop a less severe illness, such asbestosis, prior to being diagnosed with a fatal condition such as mesothelioma. In these situations, a lawyer for defense will argue that the time limit for a statute of limitations should begin when the victim was aware or reasonably ought to have known that their exposure to asbestos triggered the disease.
The complex nature of these cases is also made more difficult by the fact that the statute of limitations can vary between states. In these cases, an experienced mesothelioma lawyer will attempt to start the case in the state where most of the exposure alleged occurred. This can be a challenging task as asbestos patients frequently moved around the country to obtain work, and the alleged exposure could have occurred in several states.
Finally, the discovery process is difficult in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Instead of just a few defendants, as is the case in most cases, there are often dozens of parties involved. It can be difficult to obtain meaningful discovery when there are many defendants and the plaintiff's claim stretches over decades.
The McGivney, Kluger, Clark & Intoccia team has extensive experience as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with local and regional counsel to formulate a strategy for litigation, manage local counsel and achieve consistent, cost-effective results, in coordination with the client's goals. We regularly appear before coordination and trial judges as well as special masters of litigation, across the nation.
Bare Metal Defense
In the past, manufacturers of boilers, turbines, valves and pumps have protected themselves from asbestos lawsuits using what is known as "bare metal" doctrine or component part doctrine. This defense states that a company is not liable for asbestos-related injury caused by replacement parts that they did not design or manufacture.
In the case of Devries v. Tennessee Eastman Chemical, a Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps and gaskets from equipment such as pumps, valves, and steam traps. He claimed that he had been exposed to asbestos while working in the plant and was diagnosed with mesothelioma a few years later.
Cambridge asbestos lawsuit has changed the nature of asbestos litigation, and could influence the way courts in other jurisdictions approach the issue of third-party components manufacturers include in their equipment. The Court declared that the use of the bare metal defense in this context is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits might apply this doctrine to cases that are not maritime also.
This was the first time that a federal appellate court ruled on the bare-metal defense in a case involving asbestos and it is a significant departure from the traditional law regarding product liability. Most courts have interpreted "bare metal" as a denial of the obligation of a manufacturer to inform about harms caused by replacement parts it did not make or sale.
The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients in developing strategies for litigation, oversee local and regional counsel and provide an effective, cost-effective and consistent defense in coordination with their objectives. Our attorneys also present at conferences for industry professionals on the key issues affecting asbestos litigation. Our firm's experience includes defending clients in every state and working closely with coordinating judges, trial courts and litigation special masters. Our unique method has proven successful in cutting down on our clients' exposure and legal costs.
Expert Witnesses
A person who has specialized expertise, skills or experience can be an expert witness. They offer independent assistance to a court by providing an unbiased opinion on matters that are within their expertise. He must be able to clearly articulate the facts or assumptions upon which his opinion is based and should not omit to consider issues that could affect his opinions.
In cases involving allegations of exposure to asbestos, medical experts are often called upon to assist in the evaluation of the claimant's health and the identification of any connection between their condition and the identified source of exposure. Many of the ailments that are caused by asbestos are complex, requiring the expertise of specialists in the field. This could include nurses and doctors pharmacists, toxicologists, pharmacists, occupational health specialists, epidemiologists, and pharmacists.
In the event of a prosecution or defence, an expert's role is to provide objective technical assistance. He is not expected to assume the role of an advocate or seek to influence or convince the jury to favor his client. The obligation to the court is greater than his obligations to his client, and he should not try to push an argument or locate evidence to justify it.
The expert should work with other experts in attempting to reduce any technical issues at a very early stage and eliminate any peripheral matters. The expert should also work with those who instruct him to determine areas of agreement and disagreement for the joint declaration of the expert as ordered by the court.
The expert must finish his examination chief, discuss his conclusions as well as the reasons behind them in a way that is easy to understand and clear. He should be ready to answer questions from either the prosecution or judge, and be prepared to discuss all issues that are raised during cross-examination.
Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers can manage and counsel regional and national defense counsel, as well as local regional, expert witnesses and experts. Our team is regularly in front of trial judges, coordinating judges, and special masters in asbestos litigation across the country.
Medical Experts
Due to the latency issues that occur between asbestos exposure and beginning of symptoms Expert witnesses play an extremely important role in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that can span decades and connect hundreds or dozens of defendants. It is almost impossible for an individual to prove their case without the help of experts.
Experts in the fields of medicine and other sciences are required to assess the extent of a person's exposure and medical condition as well as provide insight into future health concerns. Experts like these are essential in any case and should be thoroughly vetted and knowledgeable about the relevant field. The more experience an expert in medicine or science has the more convincing he is.
Asbestos cases usually require a medical or scientific expert to analyze the medical records of the plaintiff and conduct a physical examination. Experts can testify to whether exposure to asbestos was sufficient to cause an illness that is specific to him, like mesothelioma, lung cancer, or other types of scarring on the lungs and respiratory tract (e.g., pleural plaques).
It may be necessary to consult with other experts, like industrial hygienists, in order to establish the existence of asbestos exposure levels. They can utilize advanced analytical and sampling methods to evaluate the asbestos concentrations in the air at the workplace or at home to legal exposure standards.
They can be useful in defending companies that manufacture or distribute asbestos-related products. They are usually able to demonstrate 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 involved in these cases include environmental and occupational specialists who can provide insights into the quality of safety protocols at a given work site or company and how such protocols relate to asbestos manufacturers' liability. These experts can be able to, for instance, prove that renovation materials damaged during a remodel project may contain asbestos, or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos fibers to be released.