Asbestos Lawsuit History
Since the 1980s many asbestos-producing employers and companies have gone through bankruptcy and the victims are paid through trust funds for bankruptcy as well as individual lawsuits. Some plaintiffs have reported that their cases were the subject of suspicious legal maneuvering.
The Supreme Court of the United States has heard numerous asbestos-related cases. The court has heard cases involving settlements of class actions that attempted to limit liability.
Anna Pirskowski
Anna Pirskowski, a woman who passed away in the mid-1900s from asbestos-related illnesses was a notable case. Her case was significant because it prompted asbestos lawsuits against various manufacturers and triggered an increase in claims from patients diagnosed with mesothelioma, cancer of the lung or other illnesses. The lawsuits against these companies resulted in the creation of trust funds which have been used by bankrupt manufacturers to pay for asbestos-related victims. These funds also allow asbestos victims and their family members to receive compensation for medical expenses and suffering.
Workers exposed to asbestos often bring the material home to their families. Inhaling the fibers causes the family members to suffer from the same symptoms as their exposed counterparts. Some of these symptoms include chronic respiratory issues as well as lung cancer and mesothelioma.
Although many asbestos companies were aware asbestos was a risk, they downplayed the risks and refused to warn their employees or clients. In reality the Johns Manville Company rebuffed attempts by life insurance companies to put up warning signs in their buildings. The company's own research revealed asbestos' carcinogenicity as early as the 1930s.
OSHA was established in 1971, but it began to regulate asbestos only in the 1970s. At this point doctors were working to inform the public about the dangers of exposure to asbestos. The efforts were generally successful. News articles and lawsuits started to educate people, but many asbestos firms resisted calls for stricter regulations.
Despite the fact asbestos is banned in the United States, the mesothelioma problem continues to be a major concern for people across the nation. Asbest is still found in commercial and residential buildings even in buildings built prior to the 1970s. This is why it's important for those who have been diagnosed with mesothelioma or another asbestos-related illness to seek legal advice. A knowledgeable attorney can help them get the justice they deserve. They will be able to understand the complex laws which apply to this kind of case and ensure that they receive the most favorable outcome.
Claude Tomplait
In 1966, Claude Tomplait was diagnosed with asbestosis and filed the first lawsuit against asbestos manufacturers of products. His lawsuit alleged that they did not warn consumers of the dangers associated with their insulation products. This crucial case opened the way for tens and thousands of similar lawsuits to be filed in the near future.
Most
asbestos lawsuits are brought by people who worked in the construction industry and employed asbestos-containing products. These include electricians, plumbers, carpenters, plumbers, drywall installers, and roofers. Some of these workers suffer from mesothelioma as well as lung cancer. Some of them are also seeking compensation in the event that their loved ones have died.
Millions of dollars may be awarded in damages in a lawsuit brought against the maker of asbestos products. The money is used to pay for the future and past medical expenses, lost wages, and suffering and pain. It can also be used to pay for travel costs, funeral and burial expenses as well as loss companionship.
Asbestos litigation has forced a number of businesses into bankruptcy and created an asbestos trust fund to compensate victims. It has also placed an immense burden on federal and state courts. In addition it has sucked up countless hours of attorneys and witnesses.
The asbestos litigation was an expensive and lengthy process that spanned many decades. But, it was successful in exposing asbestos business executives who hid the asbestos truth for decades. They knew about the dangers and pressured employees to not speak up about their health issues.
After years of trial and appeal and appeal, the court decided in favor of Tomplait. The court's decision was based on the 1965 edition of the Restatement of Torts, which states that "A manufacturer is responsible for any injury suffered by an end-user or consumer of its product when it is sold in a defected condition without adequate warning."
Jacqueline Watson, Tomplait's wife was awarded damages by the court after the verdict. However, Ms. Watson died before the court could issue her final verdict. Kazan Law offered to appeal the Appellate Court decision to the California Supreme Court.
Clarence Borel
Workers' compensation claims were filed by
asbestos lawyer-insulators such as Borel in the latter half of 1950s. They complained of respiratory problems and the thickening of fingertip tissue (called "finger clubbing"). But the asbestos industry downplayed the health risks associated with asbestos exposure. The truth would only be widely known in the 1960s, when more medical research linked asbestos to respiratory ailments like mesothelioma and asbestosis.
Borel sued asbestos-containing insulation manufacturers in 1969 for not warning about the risks associated with their products could pose. He claimed that he had mesothelioma and asbestosis as the result of working with their insulation for a period of 33 years. The court found that the defendants were liable for warning.
The defendants argue that they did not infringe their duty to warn since they knew or should be aware about the dangers posed by asbestos before the year 1968. Expert testimony suggests that asbestosis can not manifest until 15, 20 or even 25 years after asbestos exposure. However, if these experts are right and the defendants are found to be negligent, they could have been held accountable for the injuries of other workers who may have been affected by asbestosis before Borel.
The defendants also argue that they aren't responsible for Borel’s mesothelioma, as it was his choice to continue working with asbestos-containing products. Kazan Law gathered evidence that showed the defendants' companies were aware of asbestos' dangers and suppressed the information for many years.
The 1970s saw a surge in asbestos-related litigation, despite the Claude Tomplait class action case being the first.
Asbestos lawsuits flooded the courts and thousands of workers developed asbestos-related diseases. In the wake of the litigation, many asbestos-related companies filed for bankruptcy and created trust funds to compensate victims of their asbestos-related illnesses. As the litigation progressed it became apparent that asbestos companies were accountable for the harm caused by their toxic products. The asbestos industry was forced to reforming their business practices. Many asbestos-related lawsuits are resolved today for millions of dollars.
Stanley Levy
Stanley Levy is the author of numerous articles that were published in journals of scholarly research. He has also spoken on these subjects at various legal conferences and seminar. He is a member the American Bar Association, and has served in various committees focusing on asbestos and mesothelioma. His firm, Levy Phillips & Konigsberg represents more than 500 asbestos victims across the nation.
The firm charges 33 percent plus expenses for any compensation it receives for clients. It has obtained some of the biggest verdicts in asbestos litigation, including a $22 million settlement for a mesothelioma sufferer who worked at a New York City Steel Plant. The firm represents 132 Brooklyn Navy Yard Plaintiffs and has filed claims on behalf of a multitude of patients suffering from mesothelioma or other asbestos-related diseases.
Despite this, the company is now facing increased criticism over its involvement in
asbestos lawsuits. It has been accused by critics of propagating conspiracy theories, sabotaging the jury system, and inflated statistics. In addition, the firm has been accused of pursuing fraudulent claims. In response, the company created a public defense fund and is now seeking donations from individuals as well as corporations.
A second problem is that a lot of defendants deny the scientific consensus that asbestos is a cause of mesothelioma, even at very low levels. They have used money paid by the asbestos industry to hire "experts" who have published articles in academic journals to support their claims.
Attorneys are not only fighting over the scientific consensus on asbestos, but also looking at other aspects of the cases. For instance they are fighting over the necessity of a constructive notice to file a claim for asbestos. They argue that the victim must have had actual knowledge of asbestos's dangers in order to be eligible for compensation. They also argue over the compensation ratios for different asbestos-related diseases.
The attorneys for plaintiffs argue that there is a huge public interest in granting compensation to those who have suffered from mesothelioma and related diseases. They claim that the companies who made
asbestos attorneys should have known about the dangers and should be held accountable.