Asbestos Lawsuit History
Lawyers such as Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma or other asbestos-related diseases can sue companies that mined, manufactured or used asbestos and asbestos-containing products.
Nellie Kershaw filed her first asbestos lawsuit. She developed health issues while working in an asbestos fiber plant in England. She died at the age of 33 of fibrosis of the lungs caused by asbestos exposure.
The First Cases
Asbestos is a dangerous mineral that has sickened or killed thousands of people over the course of time. Asbestos claims are filed for many reasons, but the majority involve those who were exposed to asbestos in their work. This can include workers at factories that made asbestos-related items or those working on the construction of structures that contain asbestos, and even those who were exposed to asbestos from contaminated household products like talcum powder.
Exposure to asbestos can lead to various illnesses, including mesothelioma, lung cancer, and other respiratory ailments. While some of these illnesses are very serious and can be fatal, many have been able receive compensation for their injuries. The majority of countries have laws that require manufacturers of dangerous substances to warn anyone who could be injured.
The first asbestos lawsuit, filed in 1929, involved a woman by the name of Anna Pirskowski. She was suffering from a range of symptoms including breathlessness and thickening of the tissue around the fingers, also known as clubbing. She was awarded an amount of $75,000 in settlement that is believed to be the first class action lawsuit filed in relation to asbestos.
In the years that followed there were a lot of asbestos lawsuits were filed. Asbestos litigation grew into a vast area of law and many attorneys began to specialize in asbestos litigation. They only took on cases that were very serious. Kazan Law was one firm that focused on this in the latter part of the 80s.
Other lawsuits have been won by those who suffered from asbestos-related illnesses like asbestosis and plaques in the pleural region. This is because the condition that caused these was similar to mesothelioma, making it simpler for lawyers to prove. These claims led to the release of secret documents that showed the ways asbestos product manufacturers attempted to hide the risks they carry. In 1989 the Asbestos Ban & Phase Out Rule was issued.
The Second Cases
As the number of people suffering from asbestos-related diseases grew, patients and their families began to file lawsuits against companies that mined, produced or sold asbestos-containing products. Mesothelioma patients also filed lawsuits against companies who created and built the buildings that they worked in, including shipyards, power plants, and refineries. The connection between asbestos exposure and mesothelioma's development is strong.
In the early 1980s, the legal battle over asbestos lawsuits began to get more intense and the courts made rulings on a variety of aspects of the litigation procedure. For instance a federal court ruled that only people suffering from a malignant asbestos-caused disease like mesothelioma or lung cancer are eligible to file an action against the makers of asbestos-related products they used. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.
At the same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first well-known lawsuit against asbestos companies. Kershaw was factory worker from Rochdale in England, was diagnosed with lung problems due to her exposure to asbestos fibers in raw form. She tried to get her employer to pay for the treatment. However, the company refused. Kershaw passed away in her 30s from fibrosis.
The second phase of asbestos lawsuits centered on people who had been exposed to different kinds of asbestos-containing building materials, like fireproofing sprays and drywall products. Asbestos attorneys also brought successful cases against companies who manufactured equipment that used asbestos-containing material, such as pumps and boilers.
During this time, numerous documents that were incriminating were found that demonstrated asbestos companies were involved in conspiracy and fraud. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos manufacturer, Raybestos Manhattan. These documents revealed a conspiracy between these two companies to hide asbestos' dangers and suppress efforts to warn the public.
In the early to mid-1980s When these and other forms corporate fraud and conspiracy were discovered in the 1980s, a wave of class action settlement was initiated, as well as other efforts were made to limit asbestos liability were made by asbestos companies. These efforts were met with a fierce resistance from plaintiffs' attorneys and their clients, as as from the public in general.
The Third Case
By the 1970s asbestos companies could no longer hide the deadly effects of asbestos-related illnesses like mesothelioma from the general public. This was due in large part to the fact that major national publications began paying attention to the connection between mesothelioma, asbestos, and other respiratory diseases, instead of small industry newsletters and medical journals. When the link between asbestos and serious illnesses was well established, victims began filing lawsuits against asbestos producers.
One of the primary driving factors that led to increased asbestos lawsuits in the 1970s was a court decision that allowed plaintiffs to use the legal theory of strict liability. Plaintiffs in asbestos lawsuits used to need to prove that asbestos manufacturers were negligent in exposing them. However, in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were liable for any injuries they caused if the company knew that their product was dangerous and did not inform its employees or the public about the dangers.
After the ruling, a number of asbestos producers filed for bankruptcy. This process permits a business, even though it is still in operation, to organize itself in bankruptcy court and place money into trusts to pay asbestos claimants. Johns-Manville is a notable example. It was a victim of numerous lawsuits filed by former factory employees who were suffering from asbestosis, mesothelioma, or lung cancer. Kazan Law set several cases against the manufacturer, and was able to obtain punitive damages verdicts against the company.
Asbestos litigation has grown since then due to the rising number of asbestos-related illnesses. Asbestos lawsuits are often complicated because the diseases they cause can take years to manifest and aren't always evident to those who have been diagnosed.
Some victims have been forced to wait for years for compensation from insurance companies, even after their employers were found liable. The US Supreme Court has dealt with a variety of cases involving class action settlements that asbestos companies offered in an attempt to limit their liability and has also looked into the issue of whether it is possible to hold individual defendants liable for asbestos-related injury.
The Fourth Case
Asbestos, a mineral which is extremely harmful, has sickened and killed hundreds of thousands over the decades. Asbestos was also widely used by companies who knew it was a risk, but continued to make use of it.
As the legal system deals with these asbestos lawsuits and asbestos lawsuits, new developments take place every day. One of the most significant legal developments is the ruling Lubbe v. Cape Plc. This set a precedent allowing victims to sue multinational companies in their home countries for compensation.
Most of the time, these cases are accompanied by top asbestos law firms secondary exposure to asbestos. Workers who handle asbestos at work may pass it on to their families or spouses. The family members suffer from mesothelioma and other asbestos-related illnesses.
This kind of case is the basis of many lawsuits filed by families of victims today. Asbestos lawyers can help families bring a claim against the responsible parties for the asbestos-related injuries suffered by their loved ones.
The rise of class-action lawsuits is another major development in asbestos litigation. These asbestos lawsuits provide victims the chance to seek justice through the assistance of an attorney well-versed in the complicated legal issues these cases present.
While many asbestos attorneys have pushed for this kind of litigation, there are also some who oppose it. There have been several initiatives to pass legislation that restrict the use of class actions in asbestos lawsuits.
The most recent significant change in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies over the way they handled asbestos abatement and disposal. The lawsuit claimed that the companies had violated state law by not properly disposing of asbestos and failing to protect residents from the harmful dust.
Asbestos litigation has been ongoing for decades, and it's likely that it will continue to be throughout the years to come. The asbestos industry has tried to avoid accountability by using legal arguments based on technicalities and attempting to get legislative remedies passed that would prevent the victims from seeking justice. But, it appears that many victims and attorneys are determined to get justice.