20 Fun Informational Facts About Asbestos Lawsuit History
Asbestos Lawsuit History
Lawyers such as Stanley Levy have helped many asbestos victims. People with asbestos-related diseases, such as mesothelioma, can sue companies that mined or manufactured asbestos.
Nellie Kershaw filed her first asbestos lawsuit. She worked at a factory that spun asbestos fibers in England and was diagnosed with health issues. She died at 33 due to fibrosis of her lungs. It was caused by exposure to asbestos.
The First Cases
Asbestos, a dangerous mineral, has sickened and killed thousands of people over the years. Asbestos claims are filed for many reasons, but the majority involve those who have been exposed to asbestos in their work. This includes workers at factories that made asbestos-related products as well as those who worked on the construction of structures that contain asbestos, and even those who were exposed to secondhand asbestos from contaminated household products like talcum powder.
Anyone who was exposed to asbestos could be afflicted with a variety of illnesses, including mesothelioma and lung cancer, and other respiratory diseases. While Albany asbestos lawsuits of these ailments are extremely serious and could be fatal, a lot of people have been able receive compensation for their injuries. Most countries have laws requiring companies that produce dangerous substances to warn anyone who could 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 thickening in the tissue around the fingertip (known as clubbing). She was awarded a settlement of $75,000 in what is believed to be a first class action lawsuit that involved asbestos.
Asbest lawsuits continued to be filed in the years following. Asbestos litigation became a large area of law, and many attorneys began to specialize in asbestos litigation. They only took on cases that were serious. Kazan Law was one firm that was focusing on this in the late 80s.
Other lawsuits were won by individuals who had suffered from other asbestos-related diseases like asbestosis or pleural plaques. This is because the disease that caused them was similar to mesothelioma, making it easier for lawyers to prove. These claims led to the release of secret documents which showed how asbestos manufacturers tried to conceal their risks. In 1989 the Asbestos Ban & Phase Out Rule was enacted.
The Second Case
As the number of people suffering from asbestos-related illnesses grew, the victims and their families began filing lawsuits against companies that mined, made or sold asbestos-containing products. Mesothelioma patients also filed claims against companies who designed and constructed the buildings where they worked, including power plants, shipyards and refineries. The link between asbestos exposure and mesothelioma development is 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 procedure. A federal court, for example decided that only those suffering from asbestos-related malignancies such as mesothelioma and lung cancer were eligible to sue the manufacturers of asbestos products. This ruling, dubbed Borel v. Fibreboard Paper Products Corp., was an important setback for asbestos plaintiffs.
At the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first well-known lawsuit filed against asbestos companies. Kershaw, factory worker from Rochdale, England was diagnosed with lung issues caused by her frequent exposure to raw asbestos fibers. She attempted to convince her employer to cover the cost of treatment. But, the company was unable to agree. Kershaw died at the age of 33 from lung fibrosis.
The second wave of asbestos lawsuits focused on people who had been exposed to different types asbestos-containing building products, such as fireproofing sprays, and drywall products. Asbestos lawyers also prevailed in cases against companies that made the equipment that made use of asbestos-containing products, such as boilers and pumps.
During this time, a variety of documents pertaining to asbestos companies were uncovered. These documents showed their involvement in conspiracies and fraud. This included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos manufacturer, Raybestos Manhattan. These documents revealed the plot of these companies to conceal the fact that asbestos was dangerous and to suppress efforts to inform the public of asbestos' dangers.
The discovery of these and other types of corporate fraud and conspiracy in the early to mid-1980s sparked a wave of class action settlements as well as other attempts at limiting asbestos liability for asbestos companies. These attempts were met with fierce resistance from plaintiffs' attorneys and their clients, as well as from the public in general.
The Third Cases
In the 1970s, asbestos companies were no longer able to hide the deadly effects of asbestos-related diseases like mesothelioma from people. This was due to the fact that the link between asbestos and illnesses such as mesothelioma, asbestosis and respiratory diseases like asthma began getting attention from major national publications instead of small medical journals or newsletters for industry. When the link between asbestos and serious diseases was well established, victims started filing lawsuits against asbestos manufacturers.
In the 1970s, a court decision which allowed plaintiffs to make recourse to strict liability as a legal concept was one of the primary factors that led to an increase in asbestos lawsuits. Previously asbestos lawsuits, plaintiffs required proof that asbestos manufacturers were negligent in creating their asbestos exposures. However, in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were liable for any injuries caused by their products if the company knew that their product was unsafe and did not inform its employees or the public about the dangers.
In the wake of this ruling, a number of asbestos manufacturers filed for bankruptcy, a procedure which allows a company to reorganize in bankruptcy court, and put money in trusts to pay asbestos claims, and then continue to continue to operate. Johns-Manville is an example. It was the victim of numerous lawsuits brought by former employees who were suffering from asbestosis, mesothelioma, or lung cancer. Kazan Law brought several cases against the manufacturer and was able to win punitive damages against it.
Asbestos lawsuits have increased in the past few years due to the rising number of asbestos-related illnesses. Asbestos litigation is often complex because the diseases caused by asbestos can take a long time to manifest and are not always apparent to those who are 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 it has also considered the question of whether or not it is possible to hold individuals responsible for injuries caused by asbestos.
The Fourth Case
Asbestos, a mineral that is extremely harmful has killed and sickened hundreds of thousands of people over the many years. Asbestos was also extensively used by manufacturers who were aware of its dangers however they continued to make use of it.
As the legal system handles these asbestos lawsuits with a constant stream of new developments. One of the most significant legal developments is the ruling Lubbe v Cape Plc. This set a precedent allowing victims to sue multinational corporations in their home countries to recover compensation.
These cases often involve secondary asbestos exposure. This is when those who work with asbestos while on the job transfer it to their spouses or children living at home. The family members suffer from mesothelioma and other asbestos-related diseases.
Many lawsuits are filed today by the families of victims based on this kind of situation. Asbestos attorneys can help families file a claim against the companies that caused the asbestos-related injuries suffered by their loved relatives.
Another big advancement in asbestos litigation has been the emergence of class action lawsuits. These asbestos lawsuits permit victims to pursue justice with the aid of a lawyer familiar with the complex legal issues that these cases present.
While many asbestos attorneys have pushed for this type of litigation, there are those who are against it. There have been numerous initiatives to pass legislation that limit the use of class actions in asbestos lawsuits.
The most recent significant development in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies concerning how they dealt with asbestos abatement and disposal. The lawsuit claimed that the firms in violation of state law in not properly disposing asbestos and failing residents from toxic dust.
Asbestos litigation has been going on for decades and it will continue to be well into the future. The asbestos industry has tried to shield itself from responsibility by making legal arguments that are technical and by attempting to pass legislative solutions that would prevent the victims from seeking justice. But, it appears that a lot of victims and their attorneys are determined to see justice served.