Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. People with asbestos-related diseases such as mesothelioma are able to sue companies that mined, manufactured or used asbestos.
Nellie Kershaw filed the first asbestos lawsuit. She worked in a plant that made asbestos fibers in England and developed health issues. She passed away at the age of 33 of fibrosis of the lung due to asbestos exposure.
The First Cases
Asbestos, a hazardous mineral, has sickened and killed thousands throughout the years. Asbestos claims are filed for a variety reasons, but most often involve those who were exposed to asbestos while at work. This includes workers at factories that made asbestos-related products as well as those who worked on the construction of buildings that contain asbestos, and even those who were exposed to secondhand asbestos from household products that were contaminated, such as talcum powder.
People who were exposed to asbestos can develop a number of different illnesses like mesothelioma, lung cancer and other respiratory diseases. While some of these illnesses are very serious and can be fatal, a lot of people have been able to obtain compensation for their injuries. The majority of countries have laws that require companies that produce dangerous substances to inform anyone who might be injured.
The first asbestos lawsuit was filed in 1929, and was filed by a woman whose name was Anna Pirskowski. She was suffering from a number of symptoms including shortness of breath and thickening of the fingertip tissue, which is called clubbing. She was awarded an amount of $75,000 in settlement, which is believed to be the first class action lawsuit filed in relation to asbestos.
In the years that followed in the years that followed, more and more asbestos lawsuits were filed. Asbestos litigation became a very vast area of law and many lawyers started to specialize in asbestos litigation. They only took on cases that were very important. Kazan Law was one firm that focused on this in the late 80s.
Other lawsuits were won by those who had suffered from other asbestos-related diseases such as asbestosis or pleural plaques. This is because the disease that caused these was very like mesothelioma making it more straightforward 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 announced in 1989.
The Second Cases
As the number diagnosed with asbestos-related illnesses grew, victims and families began bringing lawsuits. These lawsuits were filed against companies that mined asbestos, produced asbestos-containing products, or sold asbestos-containing goods. In addition, mesothelioma sufferers filed lawsuits against the companies that designed and constructed the buildings where they worked like shipyards, power plants refineries and factories. The link between asbestos exposure and mesothelioma growth is strong.
In the early 1980s, legal battles over asbestos lawsuits became more ferocious, and courts began to rule on various aspects of the litigation process. A federal court, for example determined that only people suffering from malignant asbestos-related diseases like mesothelioma or lung cancer could take on asbestos manufacturers. products. This ruling, known as Borel v. Fibreboard Paper Products Corp. is a major setback for asbestos plaintiffs.
The same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first well-known lawsuit filed against asbestos-related companies. Kershaw, who had been diagnosed with lung ailments caused by her close contact with raw asbestos fibers, tried to convince the company she worked for to pay for her medical treatments. But, the company was unable to agree. Kershaw passed away at the age of 33 from lung fibrosis.
The second round of asbestos lawsuits centered on workers exposed to different kinds of asbestos-containing building materials, such as fireproofing sprays and drywall products. Asbestos lawyers also won cases against companies that manufactured the equipment that used asbestos-containing products, such as pumps and boilers.
During this period, numerous documents pertaining to asbestos companies were uncovered. These documents revealed their involvement in fraud and conspiracies. The documents included personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed a plot between these companies to hide asbestos' dangers and to thwart efforts to warn the public.
In the early to mid-1980s When these and other forms of corporate fraud and conspiracy were exposed in the 1980s, a wave of class action settlements was launched, along with other attempts made to limit asbestos liability by asbestos companies. These efforts were met with massive opposition from plaintiffs' attorneys, their clients and the public.
The Third Case
By the 1970s asbestos companies were no longer able cover up the dangers of asbestos-related illnesses like mesothelioma from people. 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 small medical journals or industry newsletters. When the link between asbestos and serious illnesses was well-established, victims began making lawsuits against asbestos producers.
One of the major factors that pushed more asbestos lawsuits in 1970s was a court decision that allowed plaintiffs to use the legal theory of strict liability. Previously, plaintiffs in asbestos cases required proof that asbestos manufacturers were negligent in the way they caused their exposure to asbestos. However in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were liable for any injuries caused by their products in the event that the company knew their product was hazardous and failed to warn its employees or the general public about its dangers.
Following this ruling, many asbestos producers filed for bankruptcy, a procedure that allows businesses to be reorganized in bankruptcy court, set money in trusts to cover asbestos claims and still be in operation. Johns-Manville was an especially notable example, as it was hit with numerous lawsuits from former factory workers suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law brought several cases against the manufacturer, and was able to win the company punitive damages in a number of cases.
Asbestos litigation has grown since then because of the increasing number of asbestos-related illnesses. Asbestos lawsuits are often complicated due to the ailments they cause can take decades to manifest themselves and aren't always apparent to those who are diagnosed.
Additionally certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found to be accountable. The US Supreme Court has dealt with a variety of cases involving class action settlements that asbestos companies offered to try to limit their liability and it has also pondered the issue of whether it is possible to hold individual defendants liable for asbestos-related injuries.
The Fourth Case
Asbestos, a substance that is extremely harmful, has sickened and killed hundreds of thousands of people over the years. Asbestos was also widely used by manufacturers who knew it was dangerous, but continued to use it.
As the legal system deals with these asbestos lawsuits and asbestos lawsuits, new developments take place every day. One of the most important legal developments is the ruling Lubbe v Cape Plc. This set a precedent allowing victims to sue multinational companies in their home countries for compensation.
These cases often result in secondary exposure to asbestos. Workers who work with asbestos work may transfer it to their family members or spouses. The family members suffer from mesothelioma and other asbestos-related diseases.
This type of situation is the basis of many lawsuits filed by families of victims today. Asbestos lawyers can assist families bring a claim against the companies that caused the asbestos injuries of their loved family members.
The emergence of class-action lawsuits is a major change 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 lawsuit, there are some who oppose it. In fact there have been a number of attempts to pass legislation to limit the use of asbestos-related exposure to asbestos lawsuit class actions.
The most recent major advancement in asbestos litigation is the filing of a suit by Massachusetts residents against 4 companies for handling asbestos removal 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 has been going on for decades, and it's likely that it will continue to be throughout the years to come. The asbestos industry has attempted to shield itself from responsibility by bringing up technical legal arguments and attempting to get legislative remedies passed that would block victims from seeking justice. It appears that many victims, as well as their lawyers, are determined to see justice served.