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Asbestos Litigation Defense To defend companies against asbestos litigation in the future, it is essential to examine the medical records of the plaintiff as well as their work history and witness. We often employ the bare-metal defense, which focuses on arguing that your company didn't manufacture or sell the asbestos-containing products at issue in the case of a claimant. Asbestos cases require an exclusive method and a persistent approach to get results. We act as local counsel, regional and national. Statute of limitations The statute of limitations is a time limit within which the majority of lawsuits have to be filed. In asbestos cases the deadline to file a lawsuit is between one and six years after the victim is diagnosed with an asbestos-related condition. In order to defend the case, it is important to prove that the alleged injury or death did occur within this timeframe. In most cases, this involves an exhaustive review of the plaintiff's employment history, including interviews with former colleagues and the careful review of Social Security, union, tax and other records. In defending asbestos cases, there are a variety of complex issues. For instance, asbestos-related victims often suffer from a less serious disease like asbestosis prior to being diagnosed with a fatal disease such as mesothelioma. In these instances the attorney representing the defense will argue the statute of limitation should begin when the victim was aware or should have reasonably known that exposure to asbestos causes their illness. These cases are complicated because the statute of limitations can differ from state to state. In these cases, an experienced lawyer for mesothelioma will try to bring the case to the state where the bulk of the alleged exposure took place. This can be a daunting task as asbestos sufferers typically travel around the country to find jobs, and the alleged exposure could have occurred in several states. The discovery process can be a challenge in asbestos litigation. Asbestos litigation is more complex than other personal injury cases. Rather than a few defendants in the majority of cases, there are typically many people involved. It can be difficult to obtain significant discovery when there are multiple defendants and the plaintiff's claim extends over a long period of time. The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We collaborate closely with regional and local counsel to develop litigation strategy, manage local counsel and achieve consistent, cost-effective results in accordance with client objectives. We regularly appear before coordination and trial judges, as well as litigation special masters, across the country. Bare Metal Defense Historically, manufacturers of boilers, turbines and pump and valve equipment have sought to defend themselves in asbestos litigation by claiming a defense known as the “bare metal” or the component part doctrine. This defense argues that a company cannot be held accountable for asbestos-related injuries caused by replacement components that the company did not make or install. In the case of Devries, an employee at a Tennessee Eastman chemical plant sued several equipment manufacturers for mesothelioma. Plaintiff's job entailed the removal and replacement of steam traps, insulation and gaskets on equipment like valves, pumps and steam traps (Equipment Defendants). He claimed he was exposed asbestos during his work in the plant and was diagnosed with mesothelioma a few years afterward. The Supreme Court's Devries decision has changed the landscape of asbestos litigation and could affect the way that the courts in other jurisdictions deal with the issue of third-party components manufacturers add to equipment. The Court stated that the application of the bare-metal defense in this context is “cabined” to maritime law however, it left open the possibility that other federal circuits might apply this principle to non-maritime cases as well. This was the first time that a federal appellate court used the”bare-metal” defense in an asbestos case, and it is a significant deviation from the standard law regarding product liability. Most courts have interpreted the “bare metal” defense as a way of avoiding the obligation of a company to warn about harm caused by replacement parts it did not manufacture or sell. The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. Wichita asbestos lawyers assist our clients to develop litigation strategies, manage local and regional counsel, and provide an efficient, cost-effective defense that is in line with their objectives. Our attorneys also present at conferences for industry professionals on the major issues shaping asbestos litigation. Our firm has experience in defending clients across the 50 states and working closely with trial courts, coordinating judges and litigation special masters. Our unique method has proven to be successful in reducing exposure and legal expenses for our clients. Expert Witnesses An expert witness is a person who is specialized in his skills, knowledge or experience and can provide independent advice to the court in the form of an objective opinion regarding issues that fall within his field of expertise. He must be able to clearly articulate the facts or assumptions upon the basis of his opinion and should not be oblivious to consider matters which could affect his conclusions. In cases involving 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 connection between their condition and a known source of exposure. A lot of the illnesses that are caused by asbestos are complicated and require the expertise of experts. This can include doctors, nurses, pharmacists toxicologists, epidemiologists, and occupational health professionals. Experts are there to offer unbiased technical assistance, regardless of whether they are representing the defense or the prosecution. He should not assume the position as an advocate or seek to influence or convince the jury to support his client. He should not try to convince the jury or advocate for an argument. The expert should work with other experts to resolve any peripheral issues and narrow down any technical issues. The expert should also co-operate with those instructing him in identifying areas that are in agreement and areas of disagreement for the purpose of the joint declaration of experts ordered by the court. The expert must at the conclusion of his examination chief, explain his conclusions as well as the reasons behind them in a way that is easy to understand and clear. He should be able to answer questions posed by the judge or the prosecution, and be prepared to answer all questions that are raised during cross-examination. Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation involving multiple parties and jurisdictions. Our attorneys can assist and advise national and regional defense counsel, as in addition to local, regional and expert witnesses and experts. Our team is regularly in front of trial judges, coordinating judges, and special masters of asbestos litigation across the country. Medical Experts Expert witnesses are extremely important in cases involving asbestos-related injuries due to the latency between exposure to asbestos and beginning symptoms. Asbestos cases often involve complex theories of injury that stretch for decades and connect dozens or even hundreds of defendants. Because of this, it is nearly impossible for a plaintiff to establish their case without the help of experts. Medical and other scientists are necessary to assess the extent of a claimant's exposure, evaluate their medical conditions, and provide insight into the possibility of future health issues. Experts like these are essential in any case and should be thoroughly checked and knowledgeable of the subject matter. The more experience an expert in medical or scientific fields has the more convincing they will be. In a majority of asbestos cases, an expert in medicine or a scientist is required to review the claimant's records and perform a physical exam. These experts can testify as to whether the claimant's exposure to asbestos was enough to cause a specific medical condition like mesothelioma, lung cancer, or other forms of scarring on the lungs and respiratory tract (e.g., pleural plaques). Other experts like industrial hygienists may be required to assist in establishing asbestos-related exposure levels. They can use advanced sampling techniques and analytical methods to assess the levels of asbestos in the air in a workplace or home and compare these levels to legal exposure standards. These experts can be useful in defending companies that manufacture or distribute asbestos-related products. They are often capable of proving that the levels of exposure for plaintiffs were below the legal limits, and that there was no evidence of negligence on the part of the employer or manufacturer liability for the product. Other experts that could be involved in these cases are occupational and environmental experts. They can provide insights into the safety protocols that exist at a particular workplace or business, and how they relate to the liability of asbestos manufacturers. For example, these experts can establish that the materials disturbed during a remodel project are more likely to contain asbestos or shaking out clothing contaminated with asbestos can cause asbestos fibers to release and become inhaled.