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 that mined or manufactured asbestos.
Nellie Kershaw was the first to file an asbestos lawsuit. She developed health issues while working in an asbestos fiber plant in England. She died at the age of 33 from fibrosis of the lung caused by asbestos exposure.
The First Cases
Asbestos, a hazardous mineral, has infected and killed thousands over 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 at factories that made asbestos-related items, people who worked in the construction of buildings containing asbestos and even those who were exposed to asbestos from household products contaminated with asbestos such as talcum powder.
Anyone who was exposed to asbestos could develop a variety of illnesses like mesothelioma, lung cancer and other respiratory diseases. Many people have been compensated for their injuries, even though some of these diseases can be fatal. Many countries have laws that require manufacturers of dangerous substances to warn anyone who could be injured.
The first asbestos lawsuit was filed in 1929, and included a woman named Anna Pirskowski. She was suffering from shortness of breath and a thickening of the fingertip tissue (known as clubbing). She was awarded an amount of $75,000 as a settlement, which is believed to be the first class action lawsuit in relation to asbestos.
Asbest lawsuits continued to be filed in the years that followed. Some of the cases became very large, and many attorneys began to specialise in asbestos litigation. This meant that they dealt with the most serious cases. Kazan Law was one firm that was focusing on this in the late 80s.
Other lawsuits have been won by those who suffered from asbestos-related ailments such as asbestosis or pleural plaques. This is due to the fact that the disease that caused them was like mesothelioma making it easier for lawyers to prove. These claims also led to the disclosure of secret documents that demonstrated how asbestos-related manufacturers tried to conceal the risks. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.
The Second Cases
As the number of people diagnosed with asbestos-related illnesses grew, victims and families began to file lawsuits. These lawsuits were brought against companies that mined asbestos, produced asbestos-containing products or sold products containing asbestos. Mesothelioma patients also filed claims against companies who designed and constructed the structures in which they worked, including shipyards, power plants, and refineries. The link between asbestos exposure and mesothelioma's development is strong.
In the early 1980s, the legal battles over asbestos lawsuits became more ferocious and courts began to rule on many aspects of the case process. For instance a federal court decided that only individuals suffering from malignant asbestos lawyers-related disease such as mesothelioma or lung cancer are able to file a lawsuit against the manufacturers of the asbestos products they used. The ruling, dubbed Borel v. Fibreboard Paper Products Corp., was a major setback to asbestos plaintiffs.
The same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first well-known lawsuit against asbestos companies. Kershaw, a factory worker from Rochdale, England was diagnosed with lung problems caused by her close exposure to raw asbestos fibers. She tried to get her employer to pay for the treatment. The company refused. Kershaw passed away at 33 years old from fibrosis of her lungs.
The second phase of asbestos lawsuits focused on workers exposed to different kinds of asbestos-containing building materials, such as fireproofing sprays, and drywall products. Asbestos lawyers also prevailed in lawsuits against companies who manufactured the equipment that utilized asbestos-containing products, such as boilers and pumps.
During this time, a number of incriminating documents were uncovered that revealed asbestos companies were involved in conspiracy and fraud. The documents included personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed a shady alliance between these companies to hide asbestos' dangers and to thwart efforts to warn the public.
The discovery of these and other forms of corporate fraud and collusion in the early and mid-1980s led to a flurry of class action settlements and other attempts to limit asbestos liability for asbestos-related companies. These efforts were met with strong opposition from plaintiffs' lawyers and their clients, as as the public at large.
The Third Case
In the 1970s, asbestos companies could no longer hide the deadly effects of asbestos-related diseases such as mesothelioma from the public. This was due in large part to the fact that the connection between asbestos and illnesses such as mesothelioma, asbestosis and respiratory diseases like asthma began receiving attention from major national publications instead of just small medical journals or industry newsletters. Once the connection between asbestos and serious illness was well established, victims started making lawsuits against asbestos producers.
In the 1970s, a court decision that allowed plaintiffs to recourse to strict liability as a legal theory was one of the main factors that led to an increase in asbestos lawsuits. Plaintiffs in asbestos cases would need to prove that asbestos manufacturers were negligent for exposing them. 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 dangerous but did not inform their employees or the general public about the dangers.
Following this ruling, a lot of asbestos producers were forced to file for bankruptcy. This procedure allows a company, even if still in operation, to reorganize itself in bankruptcy court and place money into trusts to pay asbestos claimants. Johns-Manville was a particularly notable example, as it was hit with numerous lawsuits from former workers who suffered from asbestosis, lung cancer, and mesothelioma. Kazan Law set several cases against the manufacturer and was able to win punitive damage verdicts against the company.
Asbestos litigation has increased since then due to the growing number of asbestos-related illnesses. Asbestos litigation is often complicated due to the fact that the ailments caused by asbestos can take years to manifest and are not always obvious to those who have been diagnosed.
Additionally certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found responsible. 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 issue of whether it is possible to hold defendants accountable for asbestos-related injuries.
The Fourth Case
Asbestos is a very dangerous mineral that has caused the death or sickness of hundreds of thousands of people over the years. It's also a material that was extensively used by companies that knew it was deadly, and yet they continued to make use of it in their manufacturing processes.
As the legal system deals with asbestos lawsuits, new developments are taking place constantly. One of the most significant legal developments is the ruling Lubbe v. Cape Plc. This set the precedent for victims to sue multinational companies in their home countries for compensation.
In most cases, these situations are accompanied by secondary exposure to asbestos. Workers who handle asbestos at work may transfer it to their families or spouses. The family members suffer from mesothelioma or other asbestos-related illnesses.
This kind of case is the basis for many lawsuits filed by families of victims of asbestos today. Asbestos attorneys can help families bring a case against the companies that caused the asbestos attorney-related injuries suffered by their loved family members.
The rise of class action lawsuits is another major development in asbestos litigation. These asbestos lawsuits offer victims the opportunity to pursue justice with the assistance of an attorney well-versed in the complicated legal issues these cases present.
While many asbestos attorneys (https://clashofcryptos.trade/wiki/24_Hours_To_Improving_Mesothelioma_Asbestosis) have pushed for this type of lawsuit, there are those who are against it. In fact, there have been several attempts to pass legislation that would limit the use of class actions in asbestos cases.
The latest major development in asbestos litigation is the filing an action by Massachusetts residents against 4 companies for how they handled asbestos removal and disposal. The lawsuit claimed that the companies violated state law by not disposing of asbestos properly and failing to safeguard residents from toxic dust.
Asbestos litigation has been a long-running problem that will likely persist for many decades to come. The asbestos industry has attempted to avoid liability through legal arguments based on technicalities and also by attempting to pass legislative remedies which would hinder victims from seeking justice. However, it appears that many victims and their lawyers are determined to see justice done.