“Have you ever had a job or used products?  You could have MESOTHELIOMA!  Call NOW!”

Anyone who has watched late night television understands how widespread toxic tort litigation has become.  Because of large oil refining and alumina processing operations, the Virgin Islands have a significant number of cases by which workers (and sometimes bystanders) allege disease from exposure to toxins in the workplace.

 The most infamous of these toxic substances is, of course, asbestos.  In the Virgin Islands, asbestos cases have been filed by Plaintiffs since the early 1980’s – and this office has an intimate connection to the litigation every step of the way.  For three decades, Attorney Mark Wilczynski has been on the fore of these actions in the Territory.

Asbestos and other toxic substances can take years – even decades – to work themselves into full-fledged disease.  For these reasons, toxic cases provide unique challenges.  The defendant must recreate operations from decades before.  When the defense is successful, a snapshot can be created to show that exposure wasn’t possible under the circumstances alleged.  This is just one of many lines of defense utilized in these operations. 

In these cases that can involve the production of tens (and even hundreds) of thousands of pages of documents, knowing what to look and where to look for it are key concerns.  No one wants to pay their attorney to climb the learning curve.  Having participated in the defense of companies that sell, specify, and utilize asbestos products, this office understands the background upon which these matters play themselves out; the evidence available to the parties; and the attorneys who will be sitting across the table.

Some of the firm’s clients choose to spearhead their own defense with nationally-organized legal teams.  It is just as important to have a knowledgeable local ally in these instances and this office regularly acts as the local facilitator to national counsel.  Under either scenario, the goal is the same – to Defend.