Asbestos Lawsuit History
Many asbestos victims have been helped by lawyers such as Stanley Levy. Patients suffering from asbestos-related diseases like mesothelioma can sue companies who mined or manufactured asbestos.
Nellie Kershaw filed her first asbestos lawsuit. She worked at a factory that made asbestos fibers in England and was diagnosed with health issues. She died at the age of 33 from fibrosis of the lungs caused by asbestos exposure.
The First Cases
Asbestos is a hazardous mineral that has sickened or killed thousands of people over time. Asbestos claims can be filed for a variety of reasons, but they usually involve people who were exposed to asbestos at work. This includes workers who worked in factories that made asbestos-related products or at the construction site of buildings with asbestos. It can also be people who were exposed asbestos by using household products, such as talcum powder.
Exposure to asbestos can lead to many different diseases, including mesothelioma, lung cancer, and other respiratory issues. Many people have been compensated for their injuries even though some these diseases are fatal. Most countries have laws requiring manufacturers of dangerous substances to warn anyone who may be injured.
The first
asbestos lawsuit, filed in 1929, was filed by a woman with the name of Anna Pirskowski. She suffered from breath shortness and a thickening of the fingertip tissue (known as clubbing). She was awarded an amount of $75,000 as a settlement, which is believed to be the first class action lawsuit filed in the field of asbestos.
In the years following there were a lot of asbestos lawsuits were filed. Some of these cases were extremely large, and a number of attorneys began to specialise in asbestos litigation. This meant that they only took on the most serious cases. One firm that did this was Kazan Law, which in the latter half of the 1980s began to concentrate on bringing cases on behalf of people who had mesothelioma.
Other lawsuits were won by people who been diagnosed with other asbestos-related diseases such as asbestosis or plaques in the pleural cavity. This is because the disease that caused them was like mesothelioma making it more straightforward for lawyers to prove. These claims led to the disclosure of secret documents that revealed the ways asbestos product manufacturers attempted to hide their risks. This led to the Asbestos Ban and Phase Out Rule being enacted in 1989.
The Second Cases
As the number of people suffering from asbestos-related diseases increased, victims and their families began filing lawsuits against companies that mined, produced or sold asbestos-containing products. In addition, mesothelioma sufferers made claims against companies that designed and constructed the buildings they worked in like shipyards, power plants refineries and factories. The connection between asbestos exposure and mesothelioma development is very strong.
In the early 1980s, the legal dispute over asbestos lawsuits began to intensify and courts made rulings on a variety of aspects of the process. A federal court, for instance decided that only those suffering from malignant asbestos-related diseases like mesothelioma or lung cancer could bring a lawsuit against the makers of asbestos products. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.
Around the same time, Nellie Kershaw from Rochdale in England was the first to file what is now seen as the first well-known lawsuit filed against asbestos-related companies. Kershaw, factory worker from Rochdale in England, was diagnosed with lung issues caused by her close exposure to asbestos fibers. She attempted to convince her employer to cover the cost of treatment. But, the company was unable to agree. Kershaw died at 33 years old of lung fibrosis.
The second wave of asbestos-related cases focused on workers who worked at construction sites and were exposed to various kinds of asbestos-containing building materials such as fireproofing sprays, drywall materials and textures. Asbestos lawyers also won cases against companies that manufactured the equipment that made use of asbestos-containing materials, such as boilers and pumps.
During this time, many documents pertaining to asbestos companies were uncovered. These documents showed their involvement in fraud and conspiracies. The documents included personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed the scheme of these companies to cover up the fact that asbestos was hazardous and to deflect efforts to inform the public of the dangers.
In the early to mid-1980s in the 1980s, when these and other forms corporate fraud and conspiracy were discovered In the early to mid-1980s, a wave of class actions settlement was initiated, as well as other attempts made to reduce asbestos liability by asbestos companies. These attempts were met with fierce resistance from plaintiffs' attorneys and their clients, as as from the public at large.
The Third Cases
By the 1970s asbestos companies could no longer hide the deadly effects of
asbestos attorneys-related diseases like mesothelioma from the public. This was due in large part to the fact that major national journals began paying attention to the connection between asbestos, mesothelioma and other respiratory diseases, instead of small industry newsletters and medical journals. Once the connection between asbestos and serious illness was well established, victims began filing lawsuits against asbestos manufacturers.
In the 1970s, a court decision that allowed plaintiffs the use of strict liability as a legal theory was one of the primary factors that led to an increase in asbestos lawsuits. Previously asbestos lawsuits, plaintiffs had to show that asbestos manufacturers were negligent in causing their exposure to asbestos. However in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were liable for any injuries caused by their products in the event that the company knew their product was dangerous and failed to warn its employees or the general public about its dangers.
Following this ruling, a lot of asbestos producers have filed for bankruptcy. This procedure allows a business, while still operating, to reorganize itself in bankruptcy court and put money into trusts to pay asbestos claimants. Johns-Manville is one of the most notable examples. It was a victim of numerous lawsuits filed by former employees who were suffering from asbestosis, mesothelioma, and lung cancer. Kazan Law set several cases against the manufacturer and was able win punitive damage verdicts against the company.
Since the time, asbestos litigation has continued increase due to the growing number of people suffering from asbestos-related diseases. Asbestos litigation can be complicated due to the fact that the ailments caused by asbestos can take years to manifest and aren't always apparent to those diagnosed.
Some victims have also been forced to wait for years for reimbursement from insurance companies, even after their employers were found to be responsible. The US Supreme Court has dealt with several cases involving settlements for class actions that asbestos companies offered as a way to limit their liability and it has also pondered the issue of whether it is possible to hold defendants accountable for asbestos-related injury.
The Fourth Case
Asbestos is an incredibly hazardous mineral that has sickened or killed hundreds of thousands of people over the years. It's also a substance that was widely used by companies that knew that it was dangerous, and yet they continued to make use of it in their manufacturing processes.
As the legal system deals asbestos lawsuits with a constant stream of new developments. One of the most important legal developments is a case known as Lubbe v Cape Plc, which set an example that allows asbestos victims to sue multinational companies in their home jurisdictions for compensation.
Often, these cases are accompanied by secondary exposure to asbestos. Workers who work with asbestos work can transfer it to their families or spouses. Family members are affected by mesothelioma as well as other asbestos-related illnesses.
This type of situation is the basis for many lawsuits filed by families of victims in the present.
Asbestos lawyers can help families file a claim against companies responsible for the asbestos-related injuries suffered by their loved relatives.
The rise of class-action lawsuits is a major change in asbestos litigation. These
asbestos lawsuits provide victims the chance to pursue justice with the help of an attorney familiarized with the complex legal issues these cases bring up.
While many
asbestos attorneys have pushed for this type of lawsuit, there are some who oppose it. In actual fact, there have been several attempts to pass legislation to limit the use of asbestos class actions.
The latest major change in asbestos litigation is the filing of an action by Massachusetts residents against four companies for how they handled asbestos removal and disposal. The lawsuit claimed that the companies did not follow state laws by not disposing asbestos properly and failing residents from toxic dust.
Asbestos litigation has been ongoing for a long time, and it's likely that it will continue to be well into the future. The asbestos industry has tried to shield itself from responsibility by using legal arguments based on technicalities and by attempting to pass legislative solutions which would stop victims from seeking justice. But, it appears that many victims and lawyers are determined to see justice served.