Asbestos Lawsuit History
Many asbestos victims have received help from lawyers such as Stanley Levy. Patients suffering from mesothelioma or other asbestos-related illnesses can sue companies that produced, mined or used asbestos and asbestos-containing products.
Nellie Kershaw was the first to file an asbestos lawsuit. She worked in a factory that made asbestos fibers in England and developed health problems. She passed away at the age of 33 due to fibrosis in her lungs, caused by exposure to asbestos.
The First Cases
Asbestos is a hazardous mineral that has ill-treated or killed thousands of people over the years. Asbestos claims can be filed for many reasons, but they usually involve people who were exposed to the substance at work. This includes those who worked in factories that made asbestos-related products, or on the construction sites of buildings with asbestos. It can also be people who were exposed to asbestos by using household products, such as talcum powder.
Exposure to asbestos can trigger many different illnesses which include mesothelioma, lung cancer, and other respiratory ailments. Although some of these diseases are extremely serious and could be fatal, many people have been able receive compensation for their injuries. The majority of countries have laws that require companies that produce dangerous substances to warn anyone who could be injured.
The first asbestos lawsuit, filed in 1929, was filed by a woman with the name of Anna Pirskowski. She suffered from breath shortness and thickening in 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, more and more asbestos lawsuits were filed. Some of the cases became extremely large, and a number of attorneys started to specialize in asbestos litigation. This meant that they dealt with the most serious cases. One company that took on this was Kazan Law, which in the late 1980s began to concentrate on the bringing of cases on behalf of people with mesothelioma.
Other lawsuits were won by people who had suffered from other asbestos-related illnesses like asbestosis or pleural plaques. The disease that caused them was very similar to mesothelioma and therefore simpler to prove for lawyers. These allegations led to the public disclosure of secret documents which showed the ways asbestos product manufacturers attempted to hide the risks they carry. In 1989, the Asbestos Ban & Phase Out Rule was enacted.
The Second Cases
As the number of people diagnosed with asbestos-related diseases grew the number of victims and their families began to file lawsuits. These lawsuits were filed against businesses that mined asbestos, produced asbestos-containing products, or sold asbestos-containing goods. Mesothelioma patients also filed lawsuits against companies that created and built the buildings in which they worked, including power plants, shipyards 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 many aspects of the case process. For example a federal court ruled that only individuals suffering from a malignant asbestos-caused disease such as mesothelioma or lung cancer are able to file lawsuits against the producers of asbestos-related products they employed. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.
Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is thought to be the first legal claim that is well-known against asbestos companies. Kershaw was a factory worker from Rochdale, England, was diagnosed with lung problems due to her exposure to asbestos fibers in raw form. She tried to get her employer to pay for the treatment. But, Anaheim asbestos lawyer was unable to agree. Kershaw died at 33 years old from lung fibrosis.
The second wave of asbestos lawsuits centered on those who were exposed to various kinds of asbestos-containing building materials, like fireproofing sprays and drywall products. Asbestos attorneys also brought successful cases against companies who manufactured equipment that used asbestos-containing materials, like pumps and boilers.
During this time, a number of documents that were incriminating were found that demonstrated asbestos companies' involvement in fraud and conspiracy. The documents include the personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed a conspiracy between these companies to conceal the dangers of asbestos and suppress 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 and other attempts were made to limit asbestos liability by asbestos companies. These attempts were met by massive opposition from plaintiffs' attorneys and their clients as well as the public.
The Third Case
In the 1970s, asbestos-related companies were no longer able conceal the devastating effects of asbestos-related illnesses like mesothelioma from the general public. This was largely due to the fact that the connection between asbestos and illnesses like mesothelioma, asbestosis, and other respiratory problems started receiving attention from major national publications instead of just small industry newsletters or medical journals. As soon as the link between asbestos and serious diseases was well-established, victims started making lawsuits against asbestos producers.
In the 1970s, a court decision that allowed plaintiffs to use of strict liability as a legal theory was one of the primary reasons for an increase in asbestos lawsuits. In the past asbestos lawsuits, plaintiffs required proof that asbestos manufacturers were negligent in causing their asbestos exposures. 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 warn their employees or the general public about the dangers.
Following this ruling, many asbestos manufacturers have filed for bankruptcy, a procedure that allows businesses to be reorganized in bankruptcy court, set money aside in trusts to pay asbestos claims and still operate. Johns-Manville is a noteworthy case because it was slammed with a variety of lawsuits brought by former factory workers who were suffering from asbestosis, lung cancer and mesothelioma. Kazan Law set several cases against the manufacturer and was able get punitive damage verdicts against the company.
Since the time, asbestos litigation has continued increase due to the increasing number of victims suffering from asbestos-related illnesses. Asbestos cases can be complicated because the diseases that they cause can take a long time to manifest and are not always apparent to those who are diagnosed.
A few victims have been waiting for years to receive compensation from insurance companies, even after their employers were found responsible. The US Supreme Court has dealt with numerous cases involving class action settlements that asbestos companies offered in an attempt to limit their liability, and has also looked into the question of whether or not it is possible to hold individual defendants liable for asbestos-related injuries.
The Fourth Cases
Asbestos, a substance that is extremely harmful has killed and sickened hundreds of thousands of people over the decades. Asbestos was also extensively used by manufacturers who knew it was dangerous, but continued to employ it.
The legal system is able to handle these asbestos lawsuits with a constant stream of new developments. One of the most important legal developments is the ruling Lubbe v. Cape Plc. This set an example for asbestos victims to sue multinational companies in their home countries to recover compensation.
These situations usually result in secondary exposure to asbestos. This occurs when employees who work with asbestos on the job transfer it to their spouses or children living at home. The family members suffer from mesothelioma, or other asbestos-related diseases.
Many lawsuits are filed today by the families of victims of this type of case. Asbestos lawyers can assist families file a lawsuit against the company that is responsible for their loved ones' asbestos-related injuries.
Another big development in asbestos litigation has been the increase in class action lawsuits. These asbestos lawsuits allow victims to seek justice with the assistance of a lawyer who is familiar with the complex legal issues that these cases present.
While a lot of asbestos lawyers have pushed for this type of litigation, there are those who are against it. There have been numerous attempts to pass legislation to restrict the use of class actions in asbestos lawsuits.
The most recent major development in asbestos litigation is the filing of an action by Massachusetts residents against 4 companies for how they handled asbestos removal and disposal. The lawsuit claimed that the companies did not follow state laws in not properly disposing asbestos and exposing residents to toxic dust.
Asbestos litigation has been ongoing for decades and it will continue to be for a long time to come. The asbestos industry has tried to avoid accountability by bringing up technical legal arguments and attempting to pass legislative solutions that would prevent the victims from seeking justice. It seems that many victims, and their lawyers are determined to get justice served.