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Medically-Based Enterprise Risk Management

Asbestos

Claimed Asbestos Exposure from Refurbishing Ships

Challenge:

Numerous complaints of asbestos-related diseases arose from shipyard workers who were performing various tasks while refurbishing military ships used in the World War II era. We were retained by clients representing shipyards, boiler manufacturers and other ship components to review several individual cases and determine whether their shipyard work exposures were causal to their asbestos-related disease.

Solution:

We reviewed the medical records of the individual claimants, employment records, depositions, and other relevant information concerning the individuals. In some cases, we found no medical evidence of any confirmed asbestos-related disease. In other cases, we determined that the latency periods for exposures incurred at our client's premises were incorrect for the onset of the claimed disease, including mesothelioma. In still other cases, we identified alternate sources of asbestos exposure from previous employment or other chemical exposures to show that the asbestos exposure at our client's premises was de minimus, thereby reducing our client’s financial risk.

Reflection:

Our sound toxicologic approach to the various elements of causation assessment has resulted in reduction of risk for our clients in matters where adverse conclusions were thought to be inescapable.

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