7 Things About Asbestos Lawsuit History You'll Kick Yourself For Not Knowing
Asbestos Lawsuit History
Many asbestos victims have been helped by lawyers such as Stanley Levy. Patients suffering from asbestos-related diseases, such as mesothelioma, are able to sue companies that mined or manufactured asbestos.
The first asbestos lawsuit was filed by Nellie Kershaw. She worked in a factory that spun asbestos fibers in England and developed health problems. She passed away at the age of 33 due to fibrosis that had developed in her lungs, caused by exposure to asbestos.
The First Cases
Asbestos, a hazardous mineral, has afflicted and killed thousands of people over the years. Asbestos claims can be filed for various reasons, but they usually involve people who were exposed to asbestos at work. This includes employees who worked in factories that manufactured asbestos-related products or on the construction sites of buildings with asbestos. It can also be those who were exposed to asbestos through household products such as talcum powder.
Anyone who was exposed to asbestos may develop a variety of illnesses, including mesothelioma and lung cancer, and other respiratory ailments. While some of these ailments are extremely serious and could be fatal, many have been able receive compensation for their injuries. This is because many countries have laws that require companies who produce dangerous substances to warn those who could be injured by them.
The first asbestos lawsuit was filed in 1929, and involved a woman named Anna Pirskowski. She suffered from shortness of breath and thickening in the tissue around the fingertip (known as clubbing). She was awarded an amount of $75,000 in settlement and is believed to be the first class action lawsuit in the field of asbestos.
Asbest lawsuits continued to be filed throughout the years that followed. Some of the cases grew quite large, and a lot of attorneys started to specialize in asbestos litigation. This meant that they dealt with the most serious cases. Kazan Law was one firm that focused on this in the late 80s.
Other lawsuits have been won by those who suffered from asbestos-related diseases, such as asbestosis and pleural plaques. This is because the condition that caused these was very similar to mesothelioma, making it more straightforward for lawyers to prove. These claims led to the release of secret documents which showed the ways asbestos product manufacturers attempted to hide their risks. In 1989, the Asbestos Ban & Phase Out Rule was enacted.
The Second Case
As the number of people diagnosed with asbestos-related illnesses grew, victims and families began bringing lawsuits. These lawsuits were filed against businesses that mined asbestos, manufactured asbestos-containing products or sold products containing asbestos. Mesothelioma patients also filed claims against the companies that designed and constructed the buildings in which they worked, including shipyards, power plants, and refineries. The connection between asbestos exposure and mesothelioma's development is strong.
In the early 1980s, legal litigation over asbestos lawsuits grew more intense and the courts began to rule on various aspects of the litigation process. A federal court, for example determined that only people suffering from malignant asbestos-caused diseases such as mesothelioma and lung cancer were eligible to sue the manufacturers of asbestos products. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.
At the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first known lawsuit against asbestos-related companies. Kershaw was an employee in a factory in Rochdale, England, was diagnosed with lung issues caused by her frequent exposure to asbestos fibers. She attempted to convince her employer to cover the cost of treatment. The company refused. Kershaw passed away in her 30s from fibrosis.
The second round of asbestos lawsuits focused on those who were exposed to various kinds of asbestos-containing building materials, such as fireproofing sprays and drywall products. Asbestos lawyers also filed successful cases against companies who manufactured equipment that used asbestos-containing material, such as pumps and boilers.
During this time, many documents that implicated asbestos companies were discovered. These documents showed their involvement in conspiracies and fraud. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos producer, Raybestos Manhattan. These documents uncovered the conspiracy of these companies to conceal knowledge that asbestos was dangerous and to suppress efforts to inform the public about the dangers.
The discovery of these and other forms of corporate fraud and collusion in the early to mid-1980s led to a flurry of class action settlements as well as other attempts at limiting asbestos liability for asbestos companies. These efforts were met with a fierce opposition from plaintiffs' lawyers and their clients, as as the general public in general.
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 largely due to the fact that the link between asbestos and illnesses like asbestosis, mesothelioma and other respiratory problems started receiving attention from major national publications instead of just small medical journals or newsletters for industry. Once the links between asbestos and serious illness were well established, victims began filing lawsuits against asbestos-related companies.
One of the main push factors that led to increased asbestos lawsuits in the 1970s was a ruling by the courts that allowed plaintiffs to use the legal theory of strict liability. Plaintiffs in asbestos lawsuits used to be required to prove that asbestos manufacturers were negligent for exposing them. In the 1973 case of Borel v. Somerville asbestos lawyers ruled asbestos manufacturers accountable for any injuries caused by their products if they knew that their product was unsafe but did not inform their employees or the general public about the dangers.
After this ruling, many asbestos producers have filed for bankruptcy. This allows a company, even if still in operation, to organize itself in bankruptcy court and to put money into trusts to pay asbestos claimants. Johns-Manville is one of the most notable examples. It was the victim of numerous lawsuits filed by former factory employees who were suffering from asbestosis, mesothelioma, and lung cancer. Kazan Law set several cases against the manufacturer and was able to obtain punitive damages verdicts against the company.
Asbestos litigation has grown in the past few years due to the rising number of asbestos-related diseases. Asbestos cases are often complex, as the illnesses they cause can take decades to manifest and are not always immediately evident to those who have been diagnosed.
In addition, some victims have been forced to wait for years to receive compensation from insurance companies after their employers were found liable. The US Supreme Court has addressed several cases in which asbestos companies attempted to limit their liability by offering settlements for class actions. It also has considered whether individuals can be held liable for injuries resulting from asbestos.
The Fourth Cases
Asbestos is a very hazardous mineral that has sickened or killed hundreds of thousands of people over the many years. It's also a substance that was used extensively by companies who knew it was deadly but continued to make use of it in their manufacturing processes.
As the legal system deals these asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most significant legal developments is the decision Lubbe v Cape Plc. This set a precedent allowing victims to sue multi-national companies in their home countries for compensation.
These situations usually result in secondary exposure to asbestos. Workers who handle asbestos at work can transfer it to their family members or spouses. The family members then suffer from mesothelioma or other asbestos-related diseases.
Many lawsuits are filed by the families of victims based on this type of case. Asbestos lawyers can assist families file a claim against the company that is responsible for their loved ones' asbestos-related injuries.
The rise of class action lawsuits is a major change in asbestos litigation. These asbestos lawsuits provide victims the chance to seek justice through the help of an attorney who is well-versed in the complicated legal issues these cases bring up.
Certain asbestos attorneys are against this kind of litigation. There have been several initiatives to pass legislation that limit the use of class actions in asbestos lawsuits.
The most recent major advancement in asbestos litigation is the filing a suit by Massachusetts residents against 4 companies over their handling of asbestos removal and disposal. The lawsuit claimed that the companies had violated the law of the state by not properly disposing of asbestos and failing to safeguard residents from harmful dust.
Asbestos litigation is a long-running issue that will likely continue for many decades to come. The asbestos industry has attempted to avoid responsibility by bringing up technical legal arguments and attempting to pass legislative remedies which would stop victims from seeking justice. However, it appears that a lot of victims and their attorneys are determined to see justice done.