What's Holding Back The Asbestos Lawsuit History Industry?
Asbestos Lawsuit History
Many asbestos victims have received help from lawyers such as Stanley Levy. Patients suffering from mesothelioma and asbestos-related illnesses can sue companies that produced, mined or used asbestos or 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 died at the age of 33 of fibrosis in the lung caused by asbestos exposure.
The First Cases
Asbestos, a dangerous mineral, has sickened and killed thousands of people over the years. Asbestos claims can be filed for various reasons, but they generally involve people who were exposed to asbestos at work. This includes workers at factories that produced asbestos-related products, people who worked on the construction of structures containing asbestos and even those who were exposed to asbestos from household products that were contaminated, such as talcum powder.
People who were exposed to asbestos could develop a variety of illnesses, including mesothelioma and lung cancer and other respiratory ailments. Although some of these diseases are serious and may be fatal, many people have been able to receive compensation for their injuries. This is due to the fact that most countries have laws that require companies who create dangerous substances to inform those who may be injured by them.
The first asbestos lawsuit, filed in 1929, included a woman by the name of Anna Pirskowski. She was suffering from a range of symptoms, including shortness of breath and the thickening of the tissue around the fingers, also known as clubbing. She was awarded an amount of $75,000 as a settlement that is believed to be the first class action lawsuit filed in the field of asbestos.
In the years following there were a lot of asbestos lawsuits were filed. Asbestos litigation grew into a broad area of law and many lawyers started to specialize in asbestos litigation. This meant that they only took on the most serious cases. One firm that did this was Kazan Law, which in the late 1980s started to focus on the bringing of cases on behalf of people who had mesothelioma.
Other lawsuits were won by individuals who had suffered from other asbestos-related diseases such as asbestosis or pleural plaques. The condition that caused them was very similar to the mesothelioma, making it simpler to prove for lawyers. These claims led to the release of secret documents that showed how asbestos product manufacturers tried to hide their risks. In 1989, the Asbestos Ban & Phase Out Rule was issued.
The Second Case
As the number of people diagnosed with asbestos-related diseases increased, victims and their families began filing lawsuits against companies that mined, manufactured or sold asbestos-containing products. In addition, mesothelioma sufferers filed lawsuits against the companies who designed and constructed the buildings where they worked including shipyards, power plants, refineries and factories. The connection between asbestos exposure and mesothelioma growth is very strong.
In the early 1980s the legal dispute over asbestos lawsuits began to intensify and courts made rulings on a variety of aspects of the case process. For instance, a federal court ruled that only individuals suffering from malignant asbestos-related illness such as mesothelioma, or lung cancer are able to bring lawsuits against the producers of asbestos-related products they employed. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.
At around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first well-known legal case against asbestos companies. Kershaw was factory worker from Rochdale, England was diagnosed with lung problems caused by her frequent exposure to raw asbestos fibers. Kershaw tried to convince her employer to cover the cost of treatment. The company was unable to pay. Bridgeport asbestos lawsuit died at the age of 33 from lung fibrosis.
The second wave of asbestos cases focused on workers who worked at construction sites and were exposed types of asbestos-containing building materials including fireproofing sprays drywall products and textures. Asbestos lawyers also prevailed in lawsuits against companies who manufactured the equipment that utilized asbestos-containing products, such as pumps and boilers.
During this time, numerous incriminating documents were discovered that proved asbestos companies were involved in conspiracy and fraud. The documents included personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed the plot of these companies to cover up the fact that asbestos was dangerous and to suppress efforts to inform the public of asbestos' dangers.
The discovery of these and other forms of corporate fraud and conspiracy in the mid- to late 1980s caused a surge of class action settlements as well as other attempts to limit asbestos liability for asbestos-related companies. These attempts were met by fierce resistance from plaintiffs’ attorneys and their clients as well as the general public.
The Third Cases
By the 1970s asbestos companies could no longer hide the deadly effects of asbestos-related diseases like mesothelioma from the general public. This was due to the fact that the connection between asbestos and ailments like asbestosis, mesothelioma and respiratory diseases like asthma began receiving attention from major national publications instead of small medical journals or industry newsletters. After the links between asbestos and serious illness were well established, victims began filing lawsuits against asbestos-related companies.
In the 1970s, a court decision that allowed plaintiffs the recourse to strict liability as a legal theory was among the major reasons for an increase in asbestos lawsuits. Plaintiffs in asbestos cases used to have to prove that asbestos manufacturers were negligent for exposing them. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries caused by their products if they knew that 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 a business to reorganize in bankruptcy court, set money aside in trusts to pay asbestos claims, and then continue to be in operation. Johns-Manville was a particularly noteworthy case because it was the subject of numerous lawsuits brought by former workers who suffered from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer and was able get punitive damages verdicts against it.
Since then, asbestos litigation has continued to grow as a result of the growing number of people suffering from asbestos-related illnesses. Asbestos litigation is often complicated because the diseases caused by asbestos can take a long time to manifest and aren't always apparent to those who are diagnosed.
Some victims have also had to wait years for compensation from insurance companies even after their employers were found responsible. The US Supreme Court has dealt with numerous cases involving settlements for class actions that asbestos companies offered as a way to limit their liability, and has also looked into the question of whether or not it is possible to hold individuals responsible for injuries caused by asbestos.
The Fourth Cases
Asbestos, a mineral which is extremely dangerous has killed and sickened hundreds of thousands of people over the many years. It's also a product that was extensively used by companies that knew that it was dangerous but continued to employ it in their manufacturing processes.
As the legal system deals these asbestos lawsuits with a constant stream of new developments. One of the most significant legal developments is a case known as Lubbe v. Cape Plc, which set an example that allows asbestos victims to sue multinational corporations in their home jurisdictions to recover compensation.
In most cases, these situations are accompanied by secondary exposure to asbestos. This is when those who work with asbestos on the job transfer it to their spouses or children living at home. The family members then suffer from mesothelioma, or other asbestos-related illnesses.
This type of case is the basis of many lawsuits filed by relatives of victims of asbestos today. Asbestos attorneys can help families bring a case against the responsible parties for the asbestos injuries of their loved ones.
Another big advancement in asbestos litigation is the rise of 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 bring.
While asbestos lawyers have pushed for this kind of litigation, there are also those who are against it. There have been numerous initiatives to pass legislation that limit the use class actions in asbestos lawsuits.
The most recent major change in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies regarding how they dealt with asbestos abatement and disposal. The lawsuit claimed that the companies had violated the law of the state by not disposing of asbestos properly and failing to safeguard residents from toxic dust.
Asbestos litigation has been going on for a long time, and it's likely that it will continue to be for a long time to come. The asbestos industry has attempted to shield itself from responsibility using legal arguments based on technicalities and also by attempting to pass legislative remedies which would hinder victims from seeking justice. However, it appears that a lot of victims and their lawyers are determined to see justice done.