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Asbestos Litigation Defense Protecting companies from asbestos litigation requires a thorough review of a plaintiff's history of work and medical records, as well as testimony. We often use the bare metal defense which is focused on proving that your company didn't manufacture or sell the asbestos-containing products in question in a claimant's case. Asbestos cases require a unique method and a persistent approach to achieve successful results. We are regional, local, and national counsel. Statute of limitations The statute of limitations is a time limit within which most lawsuits must be filed. For asbestos-related cases, this means that the deadline for filing a lawsuit is between one and six years after a victim becomes diagnosed with an asbestos-related disease. For the defense it is crucial to prove that the claimed accident or death did not occur prior to this deadline. This often requires a thorough examination and examination of the plaintiff's employment background, including interviews with former coworkers and a thorough study of Social Security and union records, as well as tax, tax, and other documents. Defending an asbestos case involves several complex issues. For example, asbestos victims often suffer from a less serious disease such as asbestosis before they are diagnosed with a fatal illness such as mesothelioma. In these cases the defense attorney will argue the time limit should be set when the victim knew or should have reasonably believed that exposure to asbestos causes their disease. These cases are made more complex by the fact the statute of limitations could differ from state to state. In Bellingham asbestos lawsuits experienced mesothelioma lawyer will attempt to bring the case to the state in which the majority of the exposure alleged to have taken place. This could be a challenging task as asbestos patients often moved across the country in search of work, and the alleged exposure may have taken place in multiple states. In addition, the process of discovery is challenging in asbestos litigation. Asbestos litigation is more complex than other personal injury cases. Instead of a handful of defendants, as is the case in most cases, there are typically many parties involved. As a result, it can be difficult to get an accurate discovery in these cases, especially when the plaintiff's argument for injuries spans decades and connects many 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 regional and local counsel to formulate a strategy for litigation as well as manage local counsel and get consistent, cost-effective results, in coordination with the goals of the client. 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 boiler, turbine and pump equipment have successfully defended themselves against asbestos litigation by asserting a defense known as the “bare metal” or the component part doctrine. This defense states that a company is not responsible for asbestos-related injuries resulting from replacement parts they did not manufacture or install. In the case of Devries v. Tennessee Eastman Chemical, an Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The job of the plaintiff involved the removal and replacement of insulation, steam traps and gaskets for equipment like valves, pumps and steam traps (Equipment defendants). He claimed that he had been exposed to asbestos while working in the plant and was diagnosed with mesothelioma a few years later. The Supreme Court's decision in Devries has altered the face of asbestos litigation. It could impact the way courts in other jurisdictions address the issue of liability for third-party components added to equipment by manufacturers. The Court declared that the use of the bare-metal defense in this instance is “cabined” to maritime law, but left open the possibility that other federal circuits will apply this doctrine to cases that are not maritime as well. This ruling was the first time an appeals court of the federal level has applied the bare metal defense in a asbestos lawsuit and represents quite a departure from the norms of product liability law. The majority of courts have interpreted “bare metal” as a denial of the responsibility of a manufacturer to inform about the dangers posed by replacement parts it did not manufacture or sell. 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 litigation strategies, manage regional and local counsel and achieve consistent, cost-effective defense in coordination with their goals. Our attorneys also present 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 strategy has proven successful in reducing legal costs for our clients. Expert Witnesses An expert witness is a person who is specialized in his expertise, knowledge or experience and offers independent assistance to the court by way of an impartial opinion on issues that fall within his expertise. He should clearly state the facts or assumptions on which his opinions are based and must not fail to consider issues that could affect his conclusions. In cases that involve allegations of exposure to asbestos, medical professionals are often called upon to assist in the evaluation of the claimant's condition and to determine if there is a causal connection between their condition and the identified source of exposure. Many of the illnesses caused by asbestos are extremely complicated, requiring the expertise of experts in the field. This can include doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health professionals. Experts are available to provide unbiased technical assistance, regardless of whether they are representing the prosecution or the defence. He is not expected to assume the role as an advocate or seek to influence or convince a jury to support his client. The obligation to the court is greater than his obligations to his client, and he should not attempt to promote a particular argument or find evidence to back it. The expert should co-operate with the other experts in trying to narrow any technical issues at an early stage and eliminate any peripheral issues. The expert should also collaborate with the people who instruct him to identify areas of agreement and discord in the joint statement of the expert commissioned by the court. The expert should finish 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 any questions from the prosecution or judge, and be willing to answer all questions 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 are able to counsel and manage regional and national defense counsel, as well as regional and local experts as well as witnesses. Our team regularly appears before coordinating judges, trial judges and special masters in asbestos litigation across the nation. Medical Experts Expert witnesses are extremely important in cases which involve asbestos-related injuries due the delay between exposure to asbestos and the beginning symptoms. Asbestos cases often involve complex theories of injuries that can span decades and connect hundreds or dozens of defendants. This is why it is nearly impossible for a plaintiff to establish their case without the assistance of experts. Medical and other experts in the field are essential to determine the extent of an individual's exposure, assess their medical conditions, and provide insight into potential future health problems. These experts are crucial to any case and must be thoroughly examined and knowledgeable about the subject. The more experience a medical or scientific expert has the more convincing they'll be. In a majority of asbestos cases, a medical expert or scientist is required to examine the records of the claimant as well as perform a physical exam. These experts can testify as to whether the claimant's exposure asbestos was sufficient to cause a specific medical condition like mesothelioma, lung cancer, or other forms of scarring that affects the respiratory tract and lungs (e.g. the pleural plaques). Other experts such as industrial hygienists may be required to assist in establishing the existence of asbestos-related exposure levels. They can use advanced sampling and analytical techniques to assess the levels of asbestos in the air in a workplace or home and compare them to the legal exposure standards. Experts of this kind can be extremely useful when defending companies who manufactured or distributed asbestos-related goods as they often have the capability of demonstrating that the levels of exposure of plaintiffs were within the legal limit and that there was no evidence of negligence on the part of the employer or manufacturer responsibility. Other experts in these cases include environmental and occupational experts who can offer insights into the quality of safety protocols at a given work site or company and how they are related to the liability of asbestos manufacturers. For instance, they 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 become inhaled.