Asbestos Lawsuit History
Many asbestos victims have received assistance from lawyers like Stanley Levy. Patients suffering from mesothelioma or other asbestos-related illnesses can sue companies that produced, mined, or used asbestos and asbestos-containing products.
The first asbestos lawsuit was filed by Nellie Kershaw. She worked in a factory that made asbestos fibers in England and developed health problems. She died at age 33 from fibrosis of the lung due to asbestos exposure.
The First Cases
Asbestos, a dangerous mineral, has afflicted and killed thousands of people over the years. Asbestos claims are filed for a variety reasons, but most often involve those who were exposed to asbestos while at work. This could include workers in factories that produced asbestos-related products, people who worked in the construction of buildings with asbestos, or who were exposed to asbestos from contaminated household products like talcum powder.
Those who were exposed to asbestos can be afflicted with a variety of illnesses like mesothelioma, lung cancer and other respiratory ailments. Many people have received compensation for their injuries, even though some of these diseases are fatal. Many countries have laws that require companies that create dangerous substances warn anyone who may be injured.
The first asbestos lawsuit was filed in 1929. It was filed by a woman whose name was Anna Pirskowski. She suffered from breath shortness and thickening of the tissue around the fingertip (known as clubbing). She was awarded a settlement of $75,000, which is believed to be the first class action lawsuit in the field of asbestos.
Asbest lawsuits continued to be filed in the years following. Some of the cases became quite large, and a lot of attorneys started to specialize in asbestos litigation. They only took on cases that were very serious. One company that took on this was Kazan Law, which in the late 1980s started to concentrate on bringing cases on behalf of mesothelioma patients.
Other lawsuits were won by individuals who been diagnosed with other asbestos-related diseases like asbestosis or pleural plaques. The disease that caused them was similar to mesothelioma making it simpler to prove for lawyers. These claims also led to the disclosure of secret documents that showed the way asbestos producers tried to hide the dangers. In 1989 the Asbestos Ban & Phase Out Rule was issued.
The Second Cases
As the number of people suffering from asbestos-related illnesses grew, the victims and their families began to file 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 structures where they worked like power plants, shipyards, refineries and factories. The correlation between asbestos exposure and the development of mesothelioma is strong.
In the early 1980s the legal litigation over asbestos lawsuits grew more intense and the courts began to rule on a variety of aspects of case processes. For instance a federal court ruled that only individuals suffering from a malignant asbestos-caused disease like mesothelioma or lung cancer are able to file an action against the makers of the asbestos products they employed. This ruling, known as Borel v. Fibreboard Paper Products Corp. is a major setback for asbestos lawsuit defendants.
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-related companies. Kershaw was a factory worker from Rochdale in England, was diagnosed with lung problems due to her exposure to asbestos fibers in raw form. She tried to get her employer to cover the cost of treatment. The company refused. Kershaw died at the age of 33 from lung fibrosis.
The second wave of asbestos-related cases focused on workers who worked in construction sites asbestos class action lawsuits and were exposed to various types of asbestos-containing building materials including fireproofing sprays drywall products and textures. Asbestos lawyers also successfully brought cases against companies that manufactured the equipment that utilized asbestos-containing materials, like pumps and boilers.
During this time, numerous documents that were incriminating were found that revealed asbestos companies have been involved in a scheme of fraud and. 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 plot between these companies to hide the dangers of asbestos and deflect efforts to educate the public.
The discovery of these, and other forms of corporate fraud and collusion in the early and mid-1980s caused a surge of class action settlements as well as other attempts at limiting asbestos liability for asbestos companies. These efforts were met with a fierce resistance from plaintiffs' attorneys and their clients, as well as from the 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 people. This was due in large part to the fact that the connection between asbestos and ailments like asbestosis, mesothelioma and other respiratory ailments began getting attention from major national publications instead of small medical journals or industry newsletters. After asbestos-related serious illnesses were well-established, victims began filing lawsuits against asbestos manufacturers.
One of the main push factors that led to increased asbestos lawsuits in the 1970s was a court ruling which allowed plaintiffs to apply the legal theory of strict liability. Plaintiffs in asbestos cases used to be required to prove that asbestos producers were negligent in exposing them. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries that resulted from their products if they knew their product was unsafe but did not warn their employees or the general public about the dangers.
In the wake of this ruling, a number of asbestos producers filed for bankruptcy, a process which allows a company to reorganize in bankruptcy court, and put money in trusts to pay asbestos claims, and then continue to be in operation. Johns-Manville was an especially notable case, since it was slammed with a variety of lawsuits filed by former workers who suffered from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer and was able obtain the company punitive damages in a number of cases.
Asbestos litigation has grown since then due to the growing number of asbestos-related illnesses. Asbestos litigation can be complicated because the diseases caused by asbestos can take a long time to manifest and aren't always apparent to those who are 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 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 considered the question of whether or not it is possible to hold individuals responsible for injuries caused by asbestos.
The Fourth Case
Asbestos, a mineral that is extremely hazardous has killed and sickened hundreds of thousands over the years. Asbestos was also extensively used by manufacturers who knew it was a risk however they continued to make use of it.
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 ruling Lubbe v Cape Plc. This set an example for asbestos victims to sue multinational corporations in their home countries to recover compensation.
Often, these cases involve secondary exposure to asbestos. Workers who work with asbestos work may transfer it to their families or spouses. Family members are affected by mesothelioma as well as other asbestos-related diseases.
There are many lawsuits filed today by the families of victims of this type of case. Asbestos lawyers can assist families file a lawsuit against the company that is responsible for their loved ones' asbestos-related injuries.
The emergence of class-action lawsuits is another major development in asbestos litigation. These asbestos lawsuits permit victims to pursue justice with the assistance of a lawyer who is familiar with the complex legal issues these cases bring.
While asbestos lawyers have pushed for this type of lawsuit, there are some who oppose it. In fact there have been a number of attempts to pass legislation to limit the use of asbestos class actions.
The latest major change in asbestos litigation is the filing a suit by Massachusetts residents against four companies for how they handled asbestos removal and disposal. The lawsuit claimed that the companies in violation of state law in not properly disposing asbestos and failing to protect residents from the harmful dust.
Asbestos litigation has been a long-running issue that will likely continue for many decades to come. The asbestos industry has tried to avoid responsibility through legal arguments based on technicalities and also by attempting to pass legislative remedies which would hinder victims from seeking justice. However, it seems that many victims and attorneys are determined to see justice served.