A Step-By-Step Guide To Asbestos Lawsuit History
Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. People with mesothelioma and other asbestos-related illnesses can sue companies that produced, mined or used asbestos and asbestos-containing products.
Nellie Kershaw filed her first asbestos lawsuit. She developed health issues while working in an asbestos fiber manufacturing plant in England. She passed away at the age of 33 of fibrosis in the lung due to asbestos exposure.
The First Cases
Asbestos is a dangerous mineral that has sickened or killed thousands of people over the years. Asbestos claims are filed for many reasons, but most often involve those who were exposed to asbestos in their work. This includes workers who worked in factories that produced asbestos-related products or at the construction sites of buildings with asbestos. It could also include people who were exposed to asbestos through household products like talcum powder.
Exposure to asbestos can trigger many different diseases that include lung cancer, mesothelioma and other respiratory ailments. Although some of these diseases are extremely serious and could be fatal, many have been able to receive compensation for their injuries. Many countries have laws that require companies that produce dangerous substances to warn anyone who may be injured.
The first asbestos lawsuit that was filed in 1929 was filed by a woman with the name of Anna Pirskowski. She was suffering from a number of ailments, including shortness of breath and thickening of the tissue around the fingers, known as clubbing. She received a settlement worth $75,000 in what is believed to be the first class action lawsuit that involved asbestos.
In the years that followed, more and more asbestos lawsuits were filed. Asbestos litigation became a vast area of law and many attorneys started to specialize in asbestos litigation. They only accepted cases that were extremely important. One firm that did this was Kazan Law, which in the late 1980s started to focus on bringing cases on behalf of people who had mesothelioma.
Other lawsuits have been won by those who suffered from asbestos-related diseases like asbestosis and plaques in the pleural cavity. The disease that caused them was very similar to mesothelioma making it simpler to prove for lawyers. These claims led to the release of secret documents that showed how asbestos manufacturers tried to hide the risks they carry. In 1989, the Asbestos Ban & Phase Out Rule was issued.
The Second Case
As the number of people suffering from asbestos-related diseases grew, patients and their families began bringing lawsuits against companies that mined, produced or sold asbestos-containing products. Mesothelioma sufferers also filed claims against the companies that designed and constructed the structures where they worked, including shipyards, power plants, and refineries. The link 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 case processes. A federal court, for instance decided that only those suffering from malignant asbestos-related diseases like mesothelioma and lung cancer were eligible to bring a lawsuit against the makers of asbestos products. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.
Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first legal claim that is well-known against asbestos companies. Kershaw, who had been diagnosed with lung ailments caused by her close contact with raw asbestos fibers, tried to get the company she worked for to pay for her medical treatments. The company refused. Kershaw died in her 30s of fibrosis.
The second wave of asbestos cases centered on workers who worked in construction sites and were exposed to various types of asbestos-containing building products including fireproofing sprays textures and drywall products. Asbestos lawyers also filed successful cases against companies that manufactured equipment that used asbestos-containing material, such as boilers and pumps.
During this period, a variety of incriminating documents were uncovered that revealed asbestos companies were involved in conspiracy and fraud. This included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos producer, Raybestos Manhattan. These documents revealed a plot between these companies to hide asbestos' dangers and deflect efforts to educate the public.
In the mid-1980s to early-1990s, when these and other forms corporate fraud and conspiracy were uncovered in the 1980s, a wave of class action settlement was initiated, as well as other attempts were made to limit asbestos liability were made by asbestos companies. These attempts were met by massive opposition from plaintiffs' attorneys and their clients as well as the public.
The Third Cases
By the 1970s, asbestos companies had lost the ability to keep information about the deadly effects of mesothelioma as well as other asbestos-related illnesses from the public. This was due 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 newsletters for industry. When the links between asbestos and serious illnesses were well-established, victims began making lawsuits against asbestos producers.
In the 1970s, a court decision that allowed plaintiffs to recourse to strict liability as a legal principle was one of the primary reasons for an increase in asbestos lawsuits. Plaintiffs in asbestos lawsuits used to need to prove that asbestos producers were negligent for exposing them. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries resulting from their products if they knew that their product was unsafe but did not warn their employees or the general public about the dangers.
After the ruling, a number of asbestos producers have filed for bankruptcy. This procedure allows a business, while still in operation, to organize its affairs in bankruptcy court and place funds into trusts to pay asbestos claimants. Johns-Manville is a notable example, as it was slammed with a variety of lawsuits from former factory workers who were suffering from asbestosis, lung cancer and mesothelioma. Kazan Law set several cases against the manufacturer and was able to get punitive damage verdicts against the company.
Asbestos litigation has increased since then due to the rising number of asbestos-related diseases. Asbestos lawsuits are often complicated, as the illnesses they cause can take years to manifest and are not always immediately apparent to those who are diagnosed.
A few victims have been forced to wait for years for settlements from insurance companies even after their employers were found liable. The US Supreme Court has dealt with numerous cases involving class action settlements that asbestos companies offered to try to limit their liability and it has also considered the issue of whether it is possible to hold individual defendants liable for injuries caused by asbestos.
The Fourth Case
Asbestos, a substance that is extremely dangerous, has sickened and killed hundreds of thousands over the many years. It's also a substance that was extensively used by companies that knew it was dangerous and they continued to use it in their manufacturing processes.
As the legal system deals with these asbestos lawsuits new developments are taking place constantly. One of the most important legal developments is the decision Lubbe v. Cape Plc. This set an example for asbestos victims to sue multinational corporations in their home countries to recover compensation.
Most of the time, these cases 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 and other asbestos-related diseases.
There are many lawsuits filed today by the families of victims based on this type of case. Asbestos lawyers can help families file a lawsuit against the company that is responsible for their loved ones' asbestos injuries.
Another big development in asbestos litigation is the increase in class action lawsuits. These asbestos lawsuits permit victims to seek justice with the aid of a lawyer who is familiar with the complex legal issues these cases bring.
While asbestos lawyers have advocated for this type of litigation, there are some who oppose it. In fact there have been numerous attempts to pass legislation to limit the use of asbestos class actions.
The latest major change in asbestos litigation is the filing of an action by Massachusetts residents against four companies over their handling of asbestos removal and disposal. The lawsuit alleged that the companies had violated state law by not properly disposing of asbestos and failing to protect residents from the harmful dust.
Asbestos litigation has been a long-running problem that will likely persist for a number of decades to come. Round Rock asbestos lawsuit has attempted to avoid responsibility by bringing up technical legal arguments and by trying to get legislative remedies passed that would block victims from seeking justice. It seems that many victims, and their lawyers, are determined to see justice acted upon.