Asbestos Litigation Defense
Defending companies from asbestos litigation requires a thorough examination of a plaintiff's history of work as well as medical records and evidence. We often employ the bare-metal defense, which is focused on proving that your company did not make, sell or distribute the asbestos-containing products that are at issue in a claimant's case.
Asbestos cases require an exclusive approach and a determined approach to get results. We are local counsel, regional and national.
Statute of limitations
The statute of limitations is a period within which most lawsuits must be filed. In asbestos cases the deadline for filing a lawsuit is anywhere between one and 6 years after a victim is diagnosed with an asbestos-related illness. It is important for the defense to show that the injury was sustained after the deadline. In most cases, this involves an exhaustive review of the plaintiff's work background, including interviews with former coworkers and the careful examination of Social Security, union, tax and other documents.
Defending asbestos cases involves many complicated issues. For example, asbestos victims typically suffer from a less serious disease like asbestosis prior to being 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 knew or should have reasonably believed that exposure to asbestos caused their disease.
The complex nature of these cases is made more difficult by the fact that the statute of limitations can vary between states. In these cases, an experienced mesothelioma lawyer will try to start the case in the state where the majority of the exposure alleged occurred. This can be a challenging task as asbestos patients frequently moved around the country in search of employment, and the alleged exposure could have occurred in multiple states.
The process of discovery isn't always easy in asbestos litigation. In contrast to other types of personal injury cases, which often involve only a few defendants, asbestos-related litigation usually involves a number of parties. As a result, it is often difficult to obtain an accurate discovery in these cases, especially when the plaintiff's argument for injuries spans decades and binds several different defendants.
The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We work closely with regional and local counsel to formulate a strategy for litigation as well as manage local counsel and obtain consistent, cost-effective outcomes in accordance with the goals of the client. We frequently appear before the trial judge and the coordinating judge as also litigation masters across the nation.
Bare Metal Defense
In the past, makers of turbines, boilers, valves and pumps have defended themselves against asbestos lawsuits by arguing the "bare metal" doctrine or the component part doctrine. This defense holds that a company cannot be held accountable for asbestos-related injuries resulting from replacement components that the company did not make or install.
In the case Devries v. Tennessee Eastman Chemical, an Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The plaintiff's duties included the removal and replacement insulation, steam traps and gaskets from equipment like pumps, valves and steam traps. He claimed that asbestos exposure occurred during his time at the plant, and was diagnosed with mesothelioma several years later.
The Supreme Court's Devries decision has altered the legal landscape for asbestos litigation, and could influence how courts in other jurisdictions tackle the issue of third-party components that manufacturers add to equipment. The Court stated that this application of the bare-metal defense is "cabined" in maritime law, but left open the possibility that other federal circuits to apply this doctrine to cases that are not maritime.
This was the first time a federal appellate court used the bare-metal defense in an asbestos case, and it is a significant departure from the traditional product liability laws. The majority of courts have understood "bare metal" as a rejection of the obligation of a manufacturer to inform about harms caused by replacement parts it did not manufacture or sale.
The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We assist our clients in developing litigation strategies, manage regional and local counsel, and provide consistent, cost-effective defense that aligns with their goals. Our attorneys present at industry conferences on important issues that affect asbestos litigation. Our firm's experience includes representing clients in every state and collaborating closely with coordinating judges, trial courts and litigation special masters. Our unique method has proven successful in reducing our clients' exposure and legal costs.
Expert Witnesses
An expert witness is a person who has specialized skills, experience or knowledge and offers independent assistance to the court by way of an impartial opinion on matters of his area of expertise. He must be able to clearly articulate the facts or assumptions upon which his opinions are based and must not fail to consider matters which might affect his conclusions.
In cases that involve allegations of exposure to asbestos, medical experts are often called upon to assist in the assessment of the claimant's condition and to determine if there is a connection between their condition and the identified source of exposure. Many of the ailments that are caused by asbestos are complicated and require the expertise of specialists. This includes pharmacists, doctors, nurses toxicologists, epidemiologists, as well as occupational health professionals.
Whether it is the defense or prosecution, an expert's role is to provide impartial technical assistance. He should not act as an advocate or try to influence the jury to favor his client. He should not attempt to convince the jury or promote an argument.
The expert should collaborate with the other experts to eliminate any issues that are peripheral and narrow down any technical issues. The expert should also work with the experts who instruct him in identifying areas that are in agreement and areas of disagreement for the reason of the joint statement of experts commissioned by the court.
The expert must finish his examination, present his conclusions and the reasons behind them in a way that is clear and easy to comprehend. He should be prepared to answer questions from either the prosecution or judge, and be prepared to discuss all issues that were raised during cross-examination.
Cetrulo LLP is well versed in protecting clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our attorneys can assist and advise national and regional defense counsel as along with local, regional and expert witnesses and experts. Our team appears regularly before judges who are coordinating asbestos litigation across the nation and also before trial judges and special Masters.
Medical Experts
Expert witnesses are crucial in cases that involve asbestos-related injuries because of the time lag between exposure to asbestos and beginning symptoms. Asbestos cases frequently involve complex theories of injury that span decades and connect dozens or even hundreds of defendants. It is nearly impossible for a plaintiff to prove their case without the assistance of experts.
Medical and other scientific experts are essential to determine the extent of a person's exposure, assess their medical conditions and provide information about the possibility of future health issues. 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 will be.
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 the claimant's exposure asbestos was enough to cause a specific medical condition such as mesothelioma, lung cancer, or other types of scarring that affects the lungs and respiratory tract (e.g. the pleural plaques).
Other experts such as industrial hygienists might also be needed to assist in determining the existence of asbestos-related exposure levels. They can employ advanced sampling and analytical methods to determine the amount of asbestos in the air in the workplace or at home and compare them to the legal exposure standards.
Gresham asbestos attorneys can be valuable in defending companies who produce or distribute asbestos-related goods. They are usually able to demonstrate that the exposure levels of plaintiffs were lower than the limits set by law and that there was no evidence of negligence by the employer or product manufacturer responsibility.
Other experts in these cases include occupational and environmental specialists who can offer insights into the adequacy of safety protocols at a specific workplace or company, and how such protocols relate to the liability of asbestos manufacturers. For instance, these experts can determine that materials used in renovation damaged during a remodel are more likely to contain asbestos or that shaking out contaminated clothing could cause asbestos fibers to release and then be inhaled.