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Asbestos Litigation Defense Defending companies from asbestos litigation requires a thorough review of the plaintiff's employment history, medical records and testimony. We typically employ a naked metal defense that focuses on the fact that your company didn't manufacture or sell the products containing asbestos that are the subject of the claimant's lawsuit. Asbestos cases are special and require a determined approach to achieve successful results. We are regional, local, and national counsel. Statute of Limitations The statute of limitations is a period within which the majority of lawsuits have to be filed. In asbestos cases the deadline to file a lawsuit is anywhere between one and six years after a person is diagnosed with an asbestos-related disease. For the defense, it is important to establish that the alleged accident or death did not occur within this deadline. Often, this requires an exhaustive review of the plaintiff's employment history, which includes interviews with former coworkers and the careful review of Social Security, union, tax and other documents. In defending an asbestos-related case, there are a number of complex issues. For instance, asbestos-related victims often suffer from a less serious disease such as asbestosis before being diagnosed with a fatal disease such as mesothelioma. In these instances an attorney for defense will argue that the time limit for a statute of limitations should begin when the victim was aware or reasonably should have known that their asbestos exposure caused the disease. The complex nature of these cases is also made more difficult by the fact that the statute of limitations may differ from state to state. In these cases, an experienced lawyer for mesothelioma will try to present the case in the state in which the majority of the exposure alleged to have taken place. This can be a challenging task since asbestos sufferers frequently moved around the country to obtain jobs, and the claimed exposure could have occurred in several states. The discovery process is difficult in asbestos litigation. In St. Louis asbestos lawsuits to other types of personal injury cases, which often contain only a few defendants, asbestos-related litigation usually includes dozens or more defendants. It can be difficult to get meaningful information when there are multiple defendants and the plaintiff's claim is spanning decades. The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We collaborate closely with regional and local counsel to develop a strategy for litigation, manage local counsel and achieve consistent, cost-effective results in accordance with client objectives. We regularly appear before coordination and trial judges and special masters of litigation in jurisdictions across the country. Bare Metal Defense Historically, manufacturers of turbine, boiler, pump and valve equipment have sought to defend themselves in asbestos litigation by asserting the defense referred to as the “bare metal” or component part doctrine. This defense asserts that a manufacturer is not responsible for asbestos-related injuries caused by replacement parts they did not manufacture 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 insulation, steam traps and gaskets for equipment like valves, pumps and steam traps (Equipment defendants). He claimed asbestos was ingested during his time at the plant and was diagnosed with mesothelioma several years later. The Supreme Court's Devries decision has changed the nature of asbestos litigation and may influence how 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 instance is “cabined” to maritime law however, it left open the possibility that other federal circuits could apply this doctrine to cases that are not maritime also. This was the first time that a federal appellate court used the”bare-metal” defense in a case involving asbestos, and it's a major departure from the traditional law regarding product liability. Most courts have interpreted the “bare metal” defense as a rejection of the obligation of a company to warn consumers about the harm caused by replacement parts it did not manufacture or sell. The McGivney, Kluger, Clark & Intoccia team regularly serves as National Coordinating Counsel for clients who are involved in multi-jurisdictional asbestos litigation. We help our clients develop strategies for litigation, oversee local and regional counsel, and ensure a an efficient, cost-effective defense in coordination with their goals. Our lawyers participate in industry conferences on major issues that affect asbestos litigation. Our firm has experience in defending clients in all 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique method has proven effective in decreasing our clients' risk and legal costs. Expert Witnesses An expert witness is a person who has specific skills, knowledge or experience and provides independent assistance to the court in the form of unbiased opinion concerning issues that fall within his expertise. He must clearly state his opinion and the evidence or assumptions he is basing it on. He should not ignore any factors that might affect his conclusions. In cases where asbestos exposure is alleged medical experts could be required to help evaluate the claimant's condition and to determine any causal link between the condition and the identified source of exposure. Many of the diseases associated with asbestos are complex and require the expertise of experts. This can include doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health professionals. In the event of a prosecution or defence the expert's job is to provide objective technical assistance. Experts should not be an advocate or attempt to influence the jury to favor his client. He should not try to convince the jury or promote an argument. The expert should work with the other experts to eliminate any peripheral issues and reduce any technical issues. The expert should also collaborate with those who are instructing him to determine areas of agreement and discord for the joint declaration of the expert as ordered by the court. The expert should at the conclusion of his examination chief, discuss his conclusions and the reasoning behind them in a manner that is easy to understand and clear. He should be able to answer any questions from the prosecution or judge, and be prepared to discuss all issues that were raised during cross-examination. Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation that involves multiple parties and jurisdictions. Our attorneys are able to advise and manage regional and national defense counsel, as well as regional and local experts and witnesses. Our team appears regularly before the asbestos litigation judges who coordinate across the country as well as trial judges and special Masters. Medical Experts Expert witnesses are vital in cases that involve asbestos-related injuries because of the delay between exposure to asbestos and the beginning symptoms. Asbestos cases typically involve complicated theories of injury that can span decades and involve dozens or even hundreds of defendants. This is why it is almost impossible for a plaintiff to prove their case without the assistance of experts. Experts in medicine and other sciences are required to determine the extent of an individual's exposure and medical condition, as well as provide insight into future health issues. Experts like these are essential to any case and must be thoroughly checked and knowledgeable of the subject matter. The more experience the medical or scientific expert has the more convincing they will be. Asbestos cases often require a medical or scientific expert to analyze the claimant's medical records and conduct a physical exam. These experts can testify as to whether the claimant's exposure asbestos was enough to trigger a specific medical condition like mesothelioma or lung cancer, or other types of scarring on the respiratory tract and lungs (e.g. plaques in the pleural cavity). Other experts such as industrial hygienists may be required to assist in establishing the existence of asbestos-related exposure levels. They can employ advanced analytical and sampling techniques to determine the amount of asbestos in the air at a workplace or home to the legal exposure standards. They can be useful in defending companies that manufacture or distribute asbestos-related products. They often are able to demonstrate that the exposure levels of plaintiffs were lower than the limits set by law, and that there was not evidence of negligence by the employer or manufacturer liability for the product. Other experts who could be involved in these instances are occupational and environmental specialists. They can provide information into the safety protocols which are in place at a particular work site or company and how they connect to the liability of asbestos producers. For example, these experts can establish that renovation 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 then be inhaled.