Asbestos Litigation Defense
In order to defend businesses against asbestos litigation in the future, it is essential to examine the medical records of the plaintiff, work history and witness. We often use the bare metal defense, which is focused on proving that your company was not able to manufacture, sell or distribute the asbestos-containing products that are at issue in the claimant's case.
Asbestos cases are special and require a tenacious approach to achieve successful results. We are regional, local, and national counsel.
Statute of limitations
The majority of lawsuits have to be filed within a specified time period, known as the statute of limitations. In asbestos cases, this means that the statutory deadline for filing is between one and six years after a victim is diagnosed with an asbestos-related disease. In order to defend the case it is essential to prove that the alleged injury or death did not occur prior to this timeframe. Often, this requires conducting a thorough review of the plaintiff's employment background, including interviews with former coworkers as well as the careful review of Social Security, union, tax and other documents.
Defending asbestos cases involves a variety of complex issues. Asbestos-related victims can suffer from a less severe illness, such asbestosis, before they are diagnosed with a fatal condition like mesothelioma. In these cases, a lawyer for defense will argue that the limitation period should begin when the person who suffers from asbestos knew or reasonably ought to have known that their exposure to asbestos triggered the disease.
These cases are made more complex because the statute of limitations may vary from state to state. In these instances, a seasoned mesothelioma lawyer will attempt to file the case in the state in which the majority of the alleged exposure took place. This is a difficult task as asbestos sufferers typically travel around the country to find work, and the exposure could have occurred in a variety of 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 typically involves a number of parties. As a result, it can be hard to get relevant evidence in these cases, especially when the plaintiff's theory of injuries spans decades and binds multiple defendants.
The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We work closely with local and regional counsel to develop litigation strategies, manage local counsel, and achieve consistently cost-effective results while coordinating 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
The past has seen manufacturers of boilers, turbines, pump and valve equipment have successfully defended themselves against asbestos litigation by claiming a defense known as the "bare metal" or the component part doctrine. This defense argues that a manufacturer cannot be held accountable for asbestos-related injuries resulting from replacement components that the company did not design or install.
In the case Devries v. Devries, an Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. The job of the plaintiff was to remove and replacement of steam traps, insulation and gaskets for equipment like pumps, valves and steam traps (Equipment defendants). He claimed that he had been exposed to asbestos while working in the plant and was diagnosed with Mesothelioma many years later.
The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation. It may impact how courts in other jurisdictions address the issue of liability for third-party components added to equipment by manufacturers. The Court said that the application of the bare-metal defense in this context is "cabined" to maritime law, but left open the possibility that other federal circuits will apply this principle to non-maritime cases, as well.
This was the first time a federal appeals court has used the defense of bare metal in a asbestos lawsuit and is a significant departure from traditional product liability law. The majority of courts have understood "bare metal" as a rejection of the responsibility of a manufacturer to warn about the potential harms caused by replacement parts it did not manufacture or sale.
The McGivney, Kluger, Clark & Intoccia team is regularly serving as National Coordinating Counsel for clients in multi-jurisdictional, industry-wide asbestos litigation. We assist our clients in developing strategies for litigation, manage regional and local counsel, and ensure an effective, cost-effective and consistent defense in coordination with their objectives. Our lawyers are asbestos litigation wiki invited to participate in industry conferences on major issues that affect asbestos litigation. Our firm's experience includes defending clients across the nation and collaborating closely with the coordinating judges, trial courts and litigation special masters. Our unique method has proven to be successful in reducing exposure and legal costs for our clients.
Expert Witnesses
An expert witness is one who is specialized in his skills, experience or knowledge and offers independent assistance to the court with the aid of unbiased opinion concerning matters of his field of expertise. He should clearly state the facts or assumptions on which his opinion is based and must not fail to consider issues that could detract from his concluded conclusions.
In cases involving allegations of exposure to asbestos, medical experts are often called upon to assist in the assessment of the claimant's condition and the determination of any 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 can include nurses and doctors as well as toxicologists, pharmacists occupational health specialists, epidemiologists, and pharmacists.
If it's the defense or prosecution the expert's job is to provide impartial technical assistance. He should not act as an advocate or attempt to influence the jury to favor his client. He should not attempt to convince the jury or promote an argument.
The expert should co-operate with the other experts when attempting to narrow any technical issues at an early stage and eliminate any peripheral matters. The expert should also co-operate 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 finish his examination chief, discuss his conclusions as well as the reasoning behind them in a way that is clear and understandable. He should be ready to answer questions posed by the judge or prosecution and be prepared to discuss all issues that were raised during cross-examination.
Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers can handle and advise national and regional defense counsel as along with local, regional and expert witnesses and experts. Our team regularly appears before coordinating judges in asbestos litigation across the nation and also before trial judges and special Masters.
Medical Experts
Due to the latency issues that occur between asbestos exposure and the beginning of symptoms, expert witnesses play an extremely important role in any case involving an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that can span decades and involve hundreds or dozens of defendants. It is nearly impossible for a plaintiff to prove their case without the assistance of experts.
Experts in the fields of medicine and other sciences are required to assess the degree of exposure an individual has and their medical condition, and also to provide insight into future health concerns. These experts are crucial to any case and should be thoroughly vetted and educated about the subject. The more experience an scientist or doctor has the more convincing he will be.
In many asbestos cases, a medical expert or scientist is required to look over the claimant's records and perform a physical exam. Experts can testify to whether the claimant's exposure asbestos was enough to cause a particular medical condition like mesothelioma, lung cancer, or other types of scarring in the respiratory tract and lungs (e.g., pleural plaques).
Other experts like industrial hygienists might also be needed to assist in determining the existence of asbestos-related exposure levels. They can utilize advanced sampling techniques and analytical methods to determine the amount of asbestos in the air in the workplace or at home and compare these levels to legal exposure standards.
These experts can be very beneficial in defending companies that produce or distribute asbestos-related goods. They are usually in a position to prove that the exposure levels of plaintiffs were lower than the limits set by law, and that there was no evidence of employer negligence or product manufacturer responsibility.
Other experts in these instances include occupational and environmental specialists who can provide insight into the adequacy of safety procedures at a particular workplace or business and how they are related to the liability of asbestos manufacturers. For instance, these experts can establish that renovation materials disturbed during a remodel project are more likely to contain asbestos, or shaking out clothing contaminated with asbestos could cause asbestos fibers to release and then be inhaled.