Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. People with mesothelioma and other asbestos-related diseases can sue companies who produced, mined, or used asbestos and asbestos-containing products.
The first asbestos lawsuit was filed by Nellie Kershaw. She worked at a factory that made asbestos fibers in England and developed health problems. She passed away at 33 due to fibrosis that had developed in her lungs, which was caused by asbestos exposure.
The First Cases
Asbestos, a hazardous mineral, has infected and killed thousands throughout the years. Asbestos claims are filed for many reasons, but most often involve people who have been exposed to asbestos while at work. This includes workers who worked in factories that produced asbestos-related products, or on the construction site of buildings containing asbestos. It could also include those who were exposed to asbestos through household products like talcum powder.
Those who were exposed to asbestos could develop a variety of illnesses like mesothelioma, lung cancer and other respiratory ailments. Many people have been awarded compensation for their injuries even though some these diseases are fatal. This is due to the fact that most countries have laws that require companies that create dangerous substances to inform those who may be hurt by them.
The first asbestos lawsuit that was filed in 1929 included a woman by the name of Anna Pirskowski. She was suffering from shortness of breathe and a thickening of the fingertip tissue (known as clubbing). She received a settlement worth $75,000 in what is believed to be the first-ever class action lawsuit involving asbestos.
In the years following in the years that followed, more and more asbestos lawsuits were filed. Some of these cases were very large, and many attorneys began to specialize in asbestos litigation. This meant that they only took on the most serious cases. One company that took on this was Kazan Law, which in the late 1980s began to focus on taking on cases for people who had mesothelioma.
Other lawsuits have been won by individuals who suffered from asbestos-related ailments such as asbestosis or plaques in the pleural region. The condition that caused them was similar to mesothelioma making it more straightforward to prove for lawyers. These claims led to the release of secret documents which showed how asbestos manufacturers tried to conceal their risks. This led to the Asbestos Ban and Phase Out Rule being announced in 1989.
The Second Cases
As the number of people diagnosed with asbestos-related diseases grew the families and victims began to file lawsuits. These lawsuits were brought against companies that mined asbestos, manufactured asbestos-containing products, or sold asbestos-containing goods. In addition, mesothelioma sufferers filed claims against the companies who designed and constructed the structures where they worked, such as shipyards, power plants, refineries and factories. The connection between mesothelioma and asbestos exposure is solid.
In the early 1980s, the legal litigation over asbestos lawsuits started to escalate 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 malignant asbestos-related disease like mesothelioma or lung cancer are able to bring a lawsuit against the manufacturers of the asbestos products they used. This ruling, also referred to as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.
Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first legal claim that is well-known against asbestos companies. Kershaw, who had been diagnosed with lung problems due to her frequent contact with asbestos fibers, tried to get the firm she worked for to pay for her treatments. But, the company was unable to agree. Kershaw died in her 30s of fibrosis.
The second phase of asbestos lawsuits centered on workers exposed to different types of asbestos-containing building products such as fireproofing sprays, and drywall products. Asbestos lawyers also prevailed in cases against companies that made the equipment that utilized asbestos-containing materials, like boilers and pumps.
During this time, many documents pertaining to asbestos companies were uncovered. These documents showed their involvement in conspiracy and fraud. The documents include the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed a shady alliance between these companies to conceal asbestos' dangers and deflect efforts to educate the public.
In the early to mid-1980s, when these and other forms corporate fraud and conspiracy were exposed 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 attempts were met with massive opposition from plaintiffs' attorneys as well as their clients and the general public.
The Third Case
In the 1970s, asbestos companies were no longer able to cover up the dangers of asbestos-related illnesses like mesothelioma from people. This was due in large part to the fact major national publications began to pay attention to the link between mesothelioma, asbestos, and other respiratory illnesses, as opposed to small industry medical journals and newsletters. Once asbestos-related serious illnesses were established and the victims began making lawsuits against asbestos producers.
In the 1970s, a decision by the courts which allowed plaintiffs to make recourse to strict liability as a legal concept was among the major reasons for an increase in asbestos lawsuits. Previously asbestos lawsuits, plaintiffs had to show that asbestos manufacturers were negligent in creating their asbestos exposures. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries that resulted from their products if they knew that their product was dangerous but did not warn their employees or the general public about the dangers.
In the wake of this ruling, a number of asbestos producers filed for bankruptcy, a procedure that allows businesses to reorganize in bankruptcy court, set funds aside in trusts to pay asbestos claims and still be in operation. Johns-Manville is an example. It was a victim of numerous lawsuits filed by former employees who were suffering from asbestosis, mesothelioma and lung cancer. Kazan Law brought several cases against the manufacturer, and was able to get punitive damages against it.
Since then asbestos litigation has continued to increase due to the rising number of victims suffering from asbestos-related ailments. St. Charles asbestos attorneys is often complicated because the illnesses caused by asbestos can take a long time to manifest and aren't always apparent to those who are diagnosed.
Some victims have been waiting for years to receive settlements from insurance companies even after their employers were found liable. The US Supreme Court has dealt with a variety of cases involving settlements for class actions that asbestos companies offered as a way to limit their liability, and has also looked into the issue of whether it is possible to hold defendants accountable for injuries caused by asbestos.
The Fourth Cases
Asbestos is a very dangerous mineral, which has caused the death or sickness of hundreds of thousands of people over the decades. Asbestos was also used extensively by companies who were aware of its dangers, but continued to use it.
As the legal system tackles these asbestos lawsuits and asbestos lawsuits, new developments take place every day. One of the most important legal developments is the decision Lubbe v Cape Plc. This set an example for asbestos victims to sue multi-national companies in their home countries to recover compensation.
Often, these cases involve exposure to asbestos in the second degree. This occurs when employees who handle asbestos while on the job transfer it to their spouses or children at home. The family members suffer from mesothelioma and other asbestos-related illnesses.
There are many lawsuits filed today by the families of victims based on this kind of case. Asbestos lawyers can assist families bring a claim against companies responsible for the asbestos injuries of their loved family members.
Another major advancement in asbestos litigation has been the increase in class action lawsuits. These asbestos lawsuits allow victims to seek justice with the assistance of a lawyer well-versed in the legal issues these cases raise.
Some asbestos attorneys are opposed to this type of litigation. In actual fact there have been a number of attempts to pass legislation restricting the use of class actions in asbestos cases.
The most recent major development in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies over the way they dealt with asbestos abatement and disposal. The lawsuit claimed that the firms did not follow state laws in not properly disposing asbestos and exposing residents to the harmful dust.
Asbestos litigation is a long-standing problem that will likely persist for a number of decades to come. The asbestos industry has tried to avoid accountability by using legal arguments based on technicalities and attempting to get legislative remedies passed which would stop victims from seeking justice. However, it seems that many victims and attorneys are determined to get justice.