Asbestos Lawsuit History
Many asbestos victims have received help from lawyers like Stanley Levy. Patients suffering from mesothelioma and asbestos-related diseases can sue companies that produced, mined or used asbestos or asbestos-containing products.
The first asbestos lawsuit was filed by Nellie Kershaw. She developed health issues while working in an asbestos fiber manufacturing plant in England. She died at age 33 of fibrosis in the lungs caused by asbestos exposure.
The First Cases
Asbestos, a hazardous mineral, has sickened and killed thousands of people throughout the years. Asbestos claims can be filed for many reasons, but they typically involve those who were exposed to asbestos at work. This includes workers who worked in factories that produced asbestos-related products or on the construction sites of buildings with asbestos. It could also include people who were exposed asbestos lawyer by using household products, such as talcum powder.
Exposure to asbestos can cause various diseases, including mesothelioma, lung cancer and other respiratory issues. While some of these ailments are serious and may be fatal, many have been able to receive compensation for their injuries. This is because many countries have laws that require companies that create dangerous substances to warn people who might be hurt by them.
The first asbestos lawsuit was filed in 1929, and included a woman named Anna Pirskowski. She was suffering from breath shortness and thickening of the fingertip tissue (known as clubbing). She received a settlement worth $75,000 in what is believed to be a 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 the cases grew quite large, and a lot of attorneys began to specialize in asbestos litigation. They only took on cases that were very important. One firm that did this was Kazan Law, which in the late 1980s began to focus on bringing cases on behalf of people who had mesothelioma.
Other lawsuits have been won by those who suffered from asbestos-related illnesses like asbestosis and plaques in the pleural region. The condition that caused them was like mesothelioma and therefore simpler to prove for lawyers. These claims also led to the disclosure of secret documents that showed how asbestos-related manufacturers tried to conceal the 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, produced asbestos-containing products, or sold asbestos-containing goods. Additionally, mesothelioma patients filed lawsuits against the companies who designed and constructed the buildings where they worked like power plants, shipyards, factories 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 decisions on various aspects of the litigation procedure. For example a federal court decided that only those suffering from malignant asbestos-related illness such as mesothelioma, or lung cancer are eligible to file an action against the makers of asbestos-related products they used. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.
The same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first well-known lawsuit filed against asbestos companies. Kershaw was diagnosed with lung problems due to her close contact with raw asbestos fibers, tried to get the firm she worked for to pay for her medical treatments. The company, however, refused. Kershaw passed away in her 30s from fibrosis.
The second round of asbestos cases centered on those who worked in construction sites and were exposed to various kinds of asbestos-containing building materials, including fireproofing sprays, drywall materials and textures. Asbestos lawyers also prevailed in cases against companies that manufactured the equipment that utilized asbestos-containing materials, such as boilers and pumps.
During this period, numerous documents pertaining to asbestos companies were uncovered. These documents proved their involvement in conspiracies and fraud. These included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos producer, Raybestos Manhattan. These documents revealed a shady alliance between these companies to conceal the dangers of asbestos and suppress efforts to warn the public.
The discovery of these and other forms of corporate fraud and conspiracy in the mid- to late 1980s sparked a wave of class action settlements as well as other efforts to limit asbestos liability for asbestos-related companies. These attempts were met with a fierce resistance from plaintiffs' attorneys and their clients, as as from the public in general.
The Third Case
In the 1970s, asbestos-related companies had lost the ability to keep information about the devastating effects of mesothelioma and other asbestos-related illnesses from the public. This was largely due to the fact that the connection between asbestos and illnesses like mesothelioma, asbestosis, and other respiratory problems started getting attention from major national publications instead of small industry newsletters or medical journals. After asbestos-related serious illnesses were well-established, victims began filing lawsuits against asbestos manufacturers.
One of the major driving factors that led to an increase in asbestos lawsuits in the 1970s was a ruling by the courts which allowed plaintiffs to apply the legal theory of strict liability. In the past asbestos lawsuits, plaintiffs had to show that asbestos manufacturers were negligent in the way they caused their exposure to asbestos. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries resulting from their products if they knew their product was unsafe, but did not warn their employees or the general public about the dangers.
After this ruling, many asbestos producers were forced to file for bankruptcy. This process permits a business, even though it is still in operation, to organize itself in bankruptcy court and put funds into trusts to pay Asbestos Attorney claimants. Johns-Manville was a particularly noteworthy case because it was the subject of numerous lawsuits filed by former factory workers suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law brought several cases against the manufacturer and was able win punitive damages against it.
Since then asbestos litigation has continued to grow as a result of the growing number of people suffering from asbestos-related ailments. Asbestos litigation is often complicated due to the fact that the ailments caused by asbestos can take a long time to manifest and are not always apparent to those diagnosed.
Additionally certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found liable. The US Supreme Court has dealt with several cases involving class action settlements 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 individual defendants liable for injuries caused by asbestos.
The Fourth Cases
Asbestos, a mineral that is extremely harmful has killed and sickened hundreds of thousands of people over the decades. Asbestos was also widely used by companies who knew it was a risk yet 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.
In most cases, these situations are accompanied by secondary exposure to asbestos. This occurs when employees who work with asbestos on the job pass it to their spouses or children living at home. The family members then suffer from mesothelioma and other asbestos-related diseases.
Many lawsuits are filed by the families of victims based on this kind of situation. Asbestos lawyers can help families file a claim against the companies that caused the asbestos-related injuries suffered by their loved family members.
Another major advancement in asbestos litigation has been the rise of class action lawsuits. These asbestos lawsuits give victims the chance to pursue justice with the help of an attorney who is well-versed in the legal issues these cases present.
While many asbestos attorneys have advocated for this type of litigation, there are certain people who do not support it. There have been several initiatives to pass legislation that limit the use of class actions in asbestos lawsuits.
The most recent major advancement in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies regarding how they handled asbestos abatement and disposal. The lawsuit claimed that the companies did not follow state laws by not disposing asbestos properly and failing to protect residents from toxic dust.
Asbestos litigation is a long-running issue that will likely continue for many decades to come. The asbestos industry has attempted to shield itself from responsibility by making legal arguments that are technical and by attempting to get legislative remedies passed that would prevent the victims from seeking justice. But, it appears that many victims and their lawyers are determined to see justice served.