Asbestos Lawsuit History
Lawyers such as Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma and asbestos-related diseases can sue companies that produced, mined or used asbestos and asbestos-containing products.
The first asbestos lawsuit was filed by Nellie Kershaw. She worked at a factory that made asbestos fibers in England and developed health issues. She died at age 33 of fibrosis in the lungs caused by asbestos exposure.
The First Cases
Asbestos is a dangerous mineral that has afflicted or killed thousands of people over time. Asbestos claims can be filed for many reasons, but they usually involve those who were exposed to the substance at work. This could include workers in factories that made asbestos-related items or those working on the construction of structures containing asbestos and even those who were exposed to secondhand asbestos from contaminated household products such as talcum powder.
Those who were exposed to asbestos could develop a number of different illnesses like mesothelioma, lung cancer and other respiratory diseases. Although some of these diseases are serious and may be fatal, a lot of people have been able to receive compensation for their injuries. The majority of countries have laws that require manufacturers of dangerous substances to inform anyone who might be injured.
The first asbestos lawsuit that was filed in 1929 included a woman by the name of Anna Pirskowski. She suffered from breath shortness and thickening in the tissue around the fingertip (known as clubbing). She received a settlement amounting to $75,000 in what is believed to be a first-ever class action lawsuit that dealt with asbestos.
In the years that followed there were a lot of asbestos lawsuits were filed. Some of the cases grew quite large, and a lot of attorneys began to specialize in asbestos litigation. They only accepted cases that were serious. Kazan Law was one firm that specialized in this area in the late 80s.
Other lawsuits have been won by people who suffered from asbestos-related ailments such as asbestosis or pleural plaques. The condition that caused them was like mesothelioma and therefore more straightforward to prove for lawyers. These claims also led to the disclosure of secret documents that showed how manufacturers of asbestos products tried to conceal the risks. This led to the Asbestos Ban and Phase Out Rule being announced in 1989.
The Second Case
As the number of people suffering from asbestos-related illnesses grew, the victims and their families began bringing lawsuits against companies that mined, produced or sold asbestos-containing products. Mesothelioma patients also filed lawsuits against the companies that designed and constructed the structures that they worked in, including power plants, shipyards and refineries. The connection between asbestos exposure and mesothelioma development is strong.
In the early 1980s, the legal litigation over asbestos lawsuits grew more intense and the courts began to rule on various aspects of case processes. A federal court, for example decided that only those suffering from malignant asbestos-caused diseases like mesothelioma or lung cancer were eligible to bring a lawsuit against the makers of asbestos products. The ruling, dubbed Borel v. Fibreboard Paper Products Corp. is a major setback to asbestos lawsuit defendants.
At around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first legal claim that is well-known against asbestos-related companies. Kershaw was diagnosed with lung issues caused by her close contact with raw asbestos fibers, tried to get the firm she worked for to cover her treatment. The company refused. Kershaw died in her 30s of fibrosis.
The second phase of asbestos lawsuits focused on those who were exposed to various types of asbestos-containing building products like fireproofing sprays and drywall products. Asbestos lawyers also won lawsuits against companies who manufactured the equipment that made use of asbestos-containing materials, such as pumps and boilers.
During this time, a variety of documents incriminating asbestos companies were discovered. These documents showed their involvement in conspiracies and fraud. The documents include the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed a plot between these two companies to hide the dangers of asbestos and suppress efforts to warn the public.
In the early to mid-1980s, when these and other forms corporate fraud and conspiracy were uncovered, a wave class action settlements was launched, along with other attempts made to reduce asbestos liability by asbestos companies. These attempts were met with strong resistance from plaintiffs' attorneys and their clients, as well as the general public in general.
The Third Case
In the 1970s, asbestos-related companies had lost the ability to conceal information about the deadly effects of mesothelioma and other asbestos-related diseases from the general public. This was due to the fact that the connection between asbestos and ailments like mesothelioma, asbestosis, and other respiratory ailments began getting attention from major national publications instead of just small medical journals or industry newsletters. After the links between asbestos and serious illness were well established, victims began making lawsuits against asbestos producers.
One of the main driving factors that led to increased asbestos lawsuits in the 1970s was a court ruling that allowed plaintiffs to use the legal theory of strict liability. Plaintiffs in asbestos cases used to need to prove that asbestos producers were negligent in exposing them to. However, in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were responsible for any injuries they caused when the company knew their product was unsafe and did not warn its employees or the general public about the dangers.
After the ruling, a number of asbestos producers were forced to file for bankruptcy. This process allows a business, while still in operation, to reorganize its affairs in bankruptcy court and to put money in trusts to pay asbestos claimants. Johns-Manville was a particularly noteworthy case because it was hit with numerous lawsuits brought by former factory workers who were suffering from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer and was able to obtain the company punitive damages in a number of cases.
Since the time asbestos litigation has continued grow as a result of the growing number of people suffering from asbestos-related diseases. Asbestos cases are often complex due to the ailments that they cause can take a long time to manifest themselves and are not always immediately obvious to those diagnosed.
Some victims have been forced to wait for years for settlements from insurance companies even 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 as a way to limit their liability, and it has also pondered the question of whether or not it is possible to hold defendants accountable for asbestos-related injury.
The Fourth Case
Asbestos, a substance that is extremely hazardous has killed and sickened hundreds of thousands of people over the many years. It's also a substance that was extensively used by companies who knew it was deadly but continued to use it in their manufacturing processes.
The legal system is able to handle asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most significant legal developments is a case called Lubbe v Cape Plc, which set a precedent that allows victims to sue multinational corporations in their home jurisdictions for compensation.
These situations usually result in secondary exposure to asbestos. This occurs when employees who work with asbestos on the job pass it to their spouses or children living at home. The family members suffer from mesothelioma or other asbestos-related illnesses.
This type of situation is the basis for many lawsuits brought by the families of victims today. Asbestos attorneys can help families file a claim against companies responsible for the asbestos-related injuries suffered asbestos claims law by their loved family members.
The rise of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits allow victims to pursue justice with the assistance of a lawyer experienced in the complicated legal issues these cases present.
While many asbestos attorneys have advocated for this type of litigation, there are those who are against it. There have been numerous attempts at passing legislation to limit the use class actions in asbestos lawsuits.
The most recent major advancement in asbestos litigation is the filing of a suit by Massachusetts residents against four companies over their handling of asbestos removal and disposal. The lawsuit claimed that the companies did not follow state laws by not properly disposing of asbestos and failing residents from the harmful dust.
Asbestos litigation is a long-standing issue that will likely continue for a long time. The asbestos industry has attempted to avoid accountability by bringing up technical legal arguments and by trying 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 acted upon.