Asbestos Lawsuit History
Lawyers such as Stanley Levy have helped many asbestos victims. Patients suffering from asbestos-related diseases, such as mesothelioma, can sue companies who mined, manufactured or used asbestos.
Nellie Kershaw filed her first asbestos lawsuit. She was diagnosed with health issues while working in an asbestos fiber plant in England. She passed away at the age of 33 from fibrosis of the lung caused by asbestos exposure.
The First Cases
Asbestos is a hazardous mineral that has sickened or killed thousands of people over time. Asbestos claims are filed for a variety reasons, but most often involve those who were exposed to asbestos while at work. This can include workers at factories that made asbestos-related items as well as those who worked in the construction of buildings that contain asbestos, and even those who were exposed to secondhand asbestos from household products that were contaminated, like talcum powder.
People who were exposed to asbestos lawyer could be afflicted with a variety of diseases including mesothelioma, lung cancer, and other respiratory conditions. Although some of these diseases are extremely serious and could be fatal, many people have been able to receive compensation for their injuries. This is largely because most countries have laws that require companies that create dangerous substances to warn those who could be hurt by them.
The first asbestos lawsuit that was filed in 1929 involved a woman by the name of Anna Pirskowski. She suffered from breath shortness and thickening of the tissue around the fingertip (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 that followed there were a lot of asbestos lawsuits were filed. Some of the cases grew very large, and many attorneys began to specialise in asbestos litigation. They only took on cases that were very serious. Kazan Law was one firm that specialized in this area in the late 80s.
Other lawsuits have been won by those who suffered from asbestos-related ailments like asbestosis and plaques in the pleural cavity. The condition that caused them was very similar to mesothelioma which makes it simpler to prove for lawyers. These allegations led to the public disclosure of secret documents that revealed how asbestos product manufacturers tried to hide the risks they carry. 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 increased, victims and their families began to file lawsuits against companies that mined, made or sold asbestos-containing products. Mesothelioma patients also filed claims against the companies that designed and constructed the structures in which they worked, including shipyards, power plants, and refineries. The connection between asbestos exposure and mesothelioma development is strong.
In the early 1980s the legal fights over asbestos lawsuits got more ferocious, and courts began to rule on a variety of aspects of the litigation process. For example a federal court decided that only individuals suffering from a malignant asbestos-caused disease like mesothelioma or lung cancer are able to bring lawsuits against the producers of the asbestos products they employed. The ruling, dubbed Borel v. Fibreboard Paper Products Corp. was a major setback to asbestos plaintiffs.
Around the same time, Nellie Kershaw from Rochdale in England was the first to file what is now seen as the first well-known lawsuit filed against Asbestos Lawyer companies. Kershaw was factory worker from Rochdale in England, was diagnosed with lung issues caused by her close exposure to raw asbestos fibers. She tried to get her employer to cover the cost of treatment. The company was unable to pay. Kershaw died in her 30s from fibrosis.
The second phase of asbestos lawsuits focused on those who were exposed to various types asbestos-containing building products, such as fireproofing sprays and drywall products. Asbestos lawyers also prevailed in cases against companies that manufactured the equipment that used asbestos-containing materials, like boilers and pumps.
During this period, numerous documents pertaining to asbestos companies were discovered. These documents proved their involvement in fraud and conspiracies. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos manufacturer, Raybestos Manhattan. These documents uncovered the conspiracy of these companies to cover up the fact that asbestos was dangerous and to deflect efforts to inform the public of the dangers.
In the early and mid-1980s, when these and other forms corporate fraud and conspiracy were uncovered, a wave class action settlements was launched and other efforts were made to reduce asbestos liability by asbestos companies. These efforts were met with massive opposition from plaintiffs' attorneys as well as their clients and the public.
The Third Case
In the 1970s, asbestos companies could no longer conceal the devastating effects of asbestos-related diseases such as mesothelioma from the general public. This was due to the fact that the connection between asbestos and diseases such as mesothelioma, asbestosis and respiratory diseases like asthma began receiving attention from major national publications instead of just small industry newsletters or medical journals. Once the connection between asbestos and serious illness was established, patients started filing lawsuits against asbestos manufacturers.
In the 1970s, a decision by the courts that allowed plaintiffs to use of strict liability as a legal principle was among the major factors that led to an increase in asbestos lawsuits. Plaintiffs in asbestos cases used to need to prove that asbestos producers were negligent in exposing them to. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries caused by their products if they knew their product was unsafe, but did not inform their employees or the general public about the dangers.
Following this ruling, a lot of asbestos producers have filed for bankruptcy. This process allows a business, while still operating, to reorganize itself in bankruptcy court and place funds into trusts to pay asbestos claimants. Johns-Manville was a particularly noteworthy case because it was hit with numerous lawsuits filed by former workers who suffered from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer, and was able to obtain punitive damages against it.
Since the time, asbestos litigation has continued to grow due to the increasing number of victims suffering from asbestos-related ailments. asbestos attorney cases can be complicated because the diseases that they cause can take a long time to manifest and aren't always apparent to those who are diagnosed.
Some victims have also been forced to wait for years for settlements from insurance companies even after their employers were found responsible. The US Supreme Court has dealt with several cases involving class action settlements that asbestos companies offered in an attempt to limit their liability and it has also pondered the question of whether or not it is possible to hold defendants accountable for injuries caused by asbestos.
The Fourth Cases
Asbestos, a mineral which is extremely hazardous has killed and sickened hundreds of thousands of people over the years. It's also a substance that was used extensively by companies that knew that it was dangerous, and yet they continued to make use of it in their manufacturing processes.
As the legal system handles these asbestos lawsuits new developments are taking place all the time. One of the most significant legal developments is a ruling known as Lubbe v Cape Plc, which set a precedent that allows victims to sue multinational companies in their home jurisdictions for compensation.
In most cases, these situations are accompanied by secondary exposure to asbestos. Workers who work with asbestos work may transfer it to their family members or spouses. The family members then suffer from mesothelioma or other asbestos-related illnesses.
Many lawsuits are filed today by the families of victims of this type of case. Asbestos lawyers can help families file a claim against the company that is responsible for their loved ones' asbestos injuries.
The rise of class-action lawsuits is another major development in asbestos litigation. These asbestos lawsuits permit victims to seek justice with the aid of a lawyer well-versed in the legal issues these cases bring.
While a lot of asbestos lawyers have pushed for this type of litigation, there are also those who are against it. In fact there have been numerous attempts to pass legislation restricting the use of asbestos-related class actions.
The most recent major change in asbestos litigation was the filing of a suit by Massachusetts residents against four companies over the way they handled asbestos abatement and disposal. The lawsuit claimed that the firms did not follow state laws by not disposing asbestos properly and exposing residents to the harmful dust.
Asbestos litigation has been going on for a long time and it will continue to be throughout the years to come. The asbestos industry has tried to avoid accountability by bringing up technical legal arguments and by attempting to get legislative remedies passed that would block victims from seeking justice. It appears that a lot of victims, and their lawyers, are determined to see justice done.