Asbestos Lawsuit History
Since the 1980s, many asbestos-producing businesses and employers have gone bankrupt. Victims are compensated through trust funds for bankruptcy as well as through individual lawsuits. Some plaintiffs have reported suspicious legal actions in their cases.
The Supreme Court of the United States has heard a number of asbestos-related cases. The court has dealt with cases involving settlements of class actions that attempted to limit liability.
Anna Pirskowski
In the mid-1900s, a lady named Anna Pirskowski suffered from asbestos-related illnesses and passed away. Her case was significant due to the fact that it sparked asbestos lawsuits against various manufacturers, and led to an increase in claims from patients diagnosed with mesothelioma, lung cancer, or other diseases. These lawsuits led to creation trust funds that were used by banksrupt companies to compensate asbestos-related victims. These funds have also allowed asbestos victims and their families to receive compensation for medical expenses, suffering.
Workers exposed to asbestos often bring the substance home to their families. When this happens, the family members breathe in the asbestos and experience the same symptoms as the asbestos-exposed worker. These symptoms include chronic respiratory problems mesothelioma, lung cancer, and lung cancer.
While asbestos companies were aware asbestos was a risk however, they minimized the risks and refused to inform their employees or consumers. Johns Manville Company actually refused to allow life insurance companies to enter their buildings to install warning signs. Asbestos was identified as carcinogenic in the 1930s according to research conducted by JohnsManville.
The Occupational Safety and Health Administration (OSHA) was founded in 1971, but the agency did not start to regulate asbestos until the 1970s. By this time, doctors were trying to warn the public about the dangers of exposure to asbestos. These efforts were largely successful. News articles and lawsuits started to raise awareness however many asbestos-related companies were resistant to stricter regulations.
Despite the fact that asbestos has been banned in the United States, mesothelioma continues to be a significant issue for people across the country. This is because asbestos continues to be found in homes and businesses, even those built prior to the 1970s. It is important that individuals diagnosed with mesothelioma or any other asbestos-related condition, seek legal advice. An experienced attorney can help them get the compensation they deserve. They will be able to know the complicated laws that govern this type of case and will ensure that they receive the most favorable result.
Claude Tomplait
Claude Tomplait, diagnosed with asbestosis in 1966, filed the first lawsuit against asbestos manufacturers. In his lawsuit, he claimed that the manufacturers had failed warn consumers about the dangers of their insulation products. This important case set the stage 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. This includes electricians, plumbers, carpenters, plumbers as well as drywall installers and roofers. Some of these workers are suffering from lung cancer, mesothelioma, and other asbestos-related diseases. Some are also seeking compensation for the loss of loved relatives.
A lawsuit filed against an asbestos-related product manufacturer can result in millions of dollars in damages. The money is used to cover past and future medical expenses, lost wages and pain and suffering. The money can also be used to pay for travel costs funeral and burial expenses as well as loss companionship.
Asbestos lawsuits have forced a lot of businesses into bankruptcy and created asbestos trust funds to compensate victims. The litigation has also put pressure on the state and federal courts. It has also consumed many hours of witnesses and attorneys.
The asbestos litigation was a long and expensive process that spanned many years. The asbestos litigation was a lengthy and costly process that spanned decades. However, it was successful in uncovering asbestos executives who had hid the truth about asbestos for many years. They knew about the dangers and pressured workers not to speak out about their health issues.
After many years of trial, appeal and court rulings in Tomplait's favor. The court's ruling was based on an edition of 1965 of the Restatement of Torts that states, "A manufacturer is liable for injuries to a user or consumer of his product when the product is sold in a defective condition unaccompanied by 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 volunteered to take the case to the California Supreme Court to overturn the Appellate Court's decision.
Clarence Borel
Workers' compensation claims were filed by asbestos insulators such as Borel in the latter half of 1950s. They complained of respiratory issues and a thickening of the fingertip tissue (called "finger clubbing"). But asbestos companies minimized the health risks of asbestos exposure. The truth would only become well-known in the 1960s as more research into medical science linked asbestos to respiratory ailments like mesothelioma and asbestosis.
In 1969, Borel sued manufacturers of asbestos-containing insulation materials for failing to warn about the risks of their products. He claimed he was diagnosed with mesothelioma and asbestosis as the result working with their insulation for a period of 33 years. The court ruled that defendants were required to warn.
The defendants argue that they didn't commit any crime because they were aware of asbestos's dangers well before 1968. They point to expert testimony that asbestosis doesn't manifest itself until fifteen twenty, twenty, or twenty-five years after first exposure to asbestos. If the experts are right they could be liable for injuries that other workers may have had asbestosis prior to Borel.
Furthermore, the defendants claim that they shouldn't be held responsible for Borel's mesothelioma due to his choice to continue working with asbestos-containing insulation. Kazan Law gathered evidence that showed the defendants' companies were aware of asbestos' dangers and concealed the risk for decades.
The 1970s saw a surge in asbestos attorneys-related litigation, in spite of the Claude Tomplait class action case being the first. Asbestos lawsuits flooded the courts and a multitude of workers were diagnosed with asbestos-related diseases. In the wake of the litigation, many asbestos-related businesses went under and set up trust funds to compensate victims of their asbestos-related ailments. As the litigation grew it became evident that the asbestos companies were responsible for the damage caused by their harmful products. The asbestos industry was forced into reforming their business practices. Many asbestos-related lawsuits are settled today for millions dollars.
Stanley Levy
Stanley Levy has written a number of articles that have been published in journals of scholarly research. He has also addressed these issues at several legal conferences and seminars. He is a member of the American Bar Association and has been on numerous committees dealing mesothelioma, asbestos lawyers, and mass torts. The firm he runs, Levy Phillips & Konigsberg represents more than 500 asbestos victims across the nation.
The firm charges 33 percent plus costs for compensation it obtains for clients. It has secured some of the biggest verdicts in the history of asbestos litigation, including the $22 million verdict for a man suffering from mesothelioma who worked at the New York City steel plant. The firm represents 132 Brooklyn Navy Yard Plaintiffs and has filed lawsuits on behalf of tens of thousands of patients suffering from mesothelioma or other asbestos-related diseases.
Despite this success however, the firm is being criticized more frequently for its involvement in asbestos lawsuits. It has been accused of spreading conspiracy theories, attacking the jury system and skewing the statistics. The firm has also been accused of pursuing fraud claims. In response the company has announced a public defense fund and is looking for donations from individuals and corporations.
A second problem is that a lot of defendants deny the scientific consensus that asbestos is a cause of mesothelioma even at low levels. They have used money paid by asbestos companies to hire "experts" who published papers in journals of academic research to support their arguments.
In addition to fighting over the scientific consensus regarding asbestos, attorneys are looking at other aspects of the case. For instance they are arguing over the constructive notice required to file a claim for asbestos lawyers. They argue that the victim must have had actual knowledge of the dangers of asbestos in order to be eligible for compensation. They also dispute the compensation ratios for different asbestos-related diseases.
The attorneys for plaintiffs argue that there is a substantial public interest in granting compensatory damages for people who suffer from mesothelioma and related diseases. They argue that the companies that created asbestos ought to have been aware about the risks and must be held accountable.