Asbestos Lawsuit History
Many asbestos victims have received help from lawyers like Stanley Levy. People suffering from asbestos-related illnesses, 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 made asbestos fibers in England and developed health issues. She passed away at the age of 33 of fibrosis of the lung caused by asbestos exposure.
The First Cases
Asbestos is a dangerous mineral that has afflicted or killed thousands of people over the course of time. Asbestos claims are filed for many reasons, but the majority involve those who were exposed to asbestos in their work. This includes those who worked in factories that produced asbestos-related products or at the construction site of buildings containing asbestos. It can also be people who were exposed asbestos through household products like talcum powder.
Exposure to asbestos can trigger various illnesses that include mesothelioma, lung cancer and other respiratory ailments. While some of these illnesses are extremely serious and could be fatal, many have been able to obtain compensation for their injuries. This is due to the fact that most countries have laws that require companies who create dangerous substances to warn those who may be hurt by them.
The first asbestos lawsuit, filed in 1929, involved a woman by the name of Anna Pirskowski. She suffered from shortness of breath and a thickening of the fingertip tissue (known as clubbing). She was awarded a settlement of $75,000 and is believed to be the first class action lawsuit in connection with asbestos.
In the years following there were a lot of asbestos lawsuits were filed. Some of the cases became quite large, and a lot of attorneys began to specialize in asbestos litigation. They only would take on cases that were very serious. One firm that was involved in this was Kazan Law, which in the late 1980s started to concentrate on bringing cases on behalf of people with mesothelioma.
Other lawsuits have been won by individuals who suffered from asbestos-related diseases such as asbestosis or plaques in the pleural cavity. The condition that caused them was very like mesothelioma and therefore easier to prove for lawyers. These claims also led to the revelation of secret documents that revealed how manufacturers of asbestos products tried to conceal the risks. In 1989, the Asbestos Ban & Phase Out Rule was enacted.
The Second Cases
As the number of people diagnosed with asbestos-related illnesses grew, the victims and their families began filing lawsuits against companies that mined, made or sold asbestos-containing products. In addition, mesothelioma sufferers filed lawsuits against the companies that designed and built the buildings they worked in including shipyards, power plants, factories and refineries. The connection between asbestos exposure and mesothelioma's development is strong.
In the early 1980s, legal battles over asbestos lawsuits became more ferocious and courts began to rule on various aspects of case processes. A federal court, for example, ruled that only those suffering from asbestos-related malignancies such as mesothelioma and lung cancer could sue the manufacturers of asbestos products. This ruling, known as Borel v. Fibreboard Paper Products Corp. is a major setback for asbestos lawsuit defendants.
At the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first known lawsuit against asbestos companies. Kershaw, a factory worker from Rochdale in England, was diagnosed with lung problems caused by her frequent exposure to asbestos fibers in raw form. She attempted to convince her employer to cover the cost of treatment. The company refused. Kershaw died at 33 years old from fibrosis of her lungs.
The second round of asbestos lawsuits focused on workers exposed to different types asbestos-containing building products, like fireproofing sprays and drywall products. Asbestos lawyers also won cases against companies that manufactured the equipment that made use of asbestos-containing materials, such as boilers and pumps.
During this time, a variety of documents that implicated asbestos companies were uncovered. These documents revealed their involvement in fraud and conspiracies. The documents included the personal files 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 hide the dangers of asbestos and to thwart efforts to warn the public.
The discovery of these and other forms of corporate fraud and conspiracy in the early and mid-1980s caused a surge of class action settlements and other attempts at limiting asbestos liability for 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 companies could no longer cover up the dangers of asbestos-related illnesses like mesothelioma from the public. This was largely due to the fact that the link between asbestos and illnesses like mesothelioma, asbestosis, and other respiratory problems started getting attention from major national publications instead of small medical journals or industry newsletters. After asbestos-related serious illnesses were well-established and patients began filing lawsuits against asbestos manufacturers.
One of the main factors that pushed increased asbestos lawsuits in the 1970s was a ruling by the courts which allowed plaintiffs to apply the legal theory of strict liability. Plaintiffs in asbestos cases used to be required to prove that asbestos manufacturers were negligent in exposing them. However, in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were liable for any injuries their products caused when the company knew their product was dangerous and failed to warn its employees or the public about its dangers.
Following this ruling, a lot of asbestos producers have filed for bankruptcy. This allows a company, even if still operating, to reorganize its affairs in bankruptcy court and place money 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 win punitive damage verdicts against the company.
Asbestos litigation has increased in the past few years due to the growing number of asbestos-related diseases. Asbestos cases can be complicated due to the ailments that they cause can take a long time to manifest and are not always obvious to those diagnosed.
Additionally there have been cases where victims were forced to wait for years to receive compensation from insurance companies after their employers were found responsible. The US Supreme Court has addressed several cases in which asbestos companies sought to limit their liability by offering class action settlements. It also has discussed whether individual defendants can be held accountable for asbestos related injury.
The Fourth Cases
Asbestos is a very dangerous mineral, which has killed or sickened hundreds of thousands of people over the years. Asbestos was also widely used by companies who knew it was dangerous, but continued to employ it.
As the legal system deals with asbestos lawsuits new developments are taking place constantly. One of the most significant legal developments is the decision Lubbe v. Cape Plc. This set an example for asbestos victims to sue multi-national companies in their home countries for compensation.
Often, these cases are accompanied by secondary exposure to asbestos. This happens when workers who handle asbestos while on the job transfer it to their spouses or children at home. The family members then suffer from mesothelioma or other asbestos-related diseases.
This kind of case is the basis for many lawsuits filed by relatives of victims today. Asbestos lawyers can help families bring a case against the responsible parties for the asbestos-related injuries suffered by their loved relatives.
Another significant advancement in asbestos litigation has been the increase in class action lawsuits. These asbestos lawsuits offer victims the opportunity to seek justice through the help of an attorney who is well-versed in the complicated legal issues that these cases raise.
While a lot of asbestos lawyers have pushed for this type of litigation, there are certain people who do not support it. In actual fact there have been numerous attempts to pass legislation that would limit the use of class actions in asbestos cases.
The most recent significant advancement in asbestos litigation was the filing of a suit by Massachusetts residents against four companies concerning how they handled asbestos abatement and disposal. The lawsuit claimed that the companies did not follow state laws in not properly disposing asbestos and failing residents from the harmful dust.
Asbestos litigation is a long-standing issue that is likely to continue for a number of decades to come. The asbestos industry has tried to avoid accountability by using legal arguments based on technicalities and asbestos lawyer by attempting to get legislative remedies passed which would stop victims from seeking justice. It seems that many victims, and their lawyers are determined to see justice done.