Asbestos Lawsuit History

Many asbestos victims have received help from lawyers such as Stanley Levy. Patients suffering from mesothelioma or other asbestos-related diseases can sue companies who produced, mined, or used asbestos and asbestos-containing products.

Nellie Kershaw filed her first asbestos lawsuit. She suffered health issues while working in an asbestos fiber factory in England. She died at 33 due to fibrosis of her lungs, which was caused by asbestos exposure.

The First Cases

Asbestos, a hazardous mineral, has sickened and killed thousands throughout the years. Asbestos claims can be filed for various reasons, but they typically involve those who were exposed to the substance at work. This could include workers in factories that produced asbestos-related products as well as those who worked on the construction of buildings containing asbestos and even those who were exposed to asbestos secondhand from household products that were contaminated, like talcum powder.

People who were exposed to asbestos could develop a variety of illnesses, including mesothelioma and lung cancer, and other respiratory conditions. Many have been compensated for their injuries even though some of these diseases are fatal. This is largely because most countries have laws that require companies who create dangerous substances to inform those who could be hurt by them.

The first asbestos lawsuit was filed in 1929, and included a woman named Anna Pirskowski. She was suffering from a number of symptoms including shortness of breath and thickening of the fingertip tissue, which is known as clubbing. She was awarded an amount of $75,000 as a settlement, which is believed to be the first class action lawsuit filed in relation to asbestos.

Asbest lawsuits continued to be filed in the years that followed. Asbestos litigation became a vast area of law and many lawyers started to specialize in asbestos litigation. They only would take on cases that were very important. One firm that did this was Kazan Law, which in the late 1980s began to focus on the bringing of cases on behalf of people who had mesothelioma.

Other lawsuits were won by those who had been diagnosed with other asbestos-related diseases such as asbestosis or pleural plaques. This is because the condition that caused these was very similar to mesothelioma, making it easier for lawyers to prove. These claims also led to the revelation of secret documents that revealed how asbestos-related manufacturers tried to hide the dangers. In 1989, the Asbestos Ban & Phase Out Rule was enacted.

The Second Case

As the number of people diagnosed with asbestos-related diseases grew, victims and families began bringing lawsuits. These lawsuits were brought against companies that mined asbestos, manufactured asbestos-containing products, or sold asbestos-containing goods. Additionally, mesothelioma patients made claims against companies that designed and built the structures where they worked including shipyards, power plants factories and refineries. The connection between mesothelioma and asbestos exposure is strong.

In the early 1980s, the legal fights over asbestos lawsuits got more ferocious, and courts began to rule on many aspects of case processes. For instance a federal court decided that only those suffering from a malignant asbestos-caused disease like mesothelioma or lung cancer are eligible to file a lawsuit against the manufacturers of the asbestos products they employed. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.

The same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first well-known lawsuit filed against asbestos companies. Kershaw was an employee in a factory in Rochdale in England, was diagnosed with lung issues due to her exposure to raw asbestos fibers. She attempted to convince her employer to cover the cost of treatment. The company, however, refused. Kershaw died at 33 years old of fibrosis of her lungs.

The second round of asbestos cases focused on those who worked in construction sites and were exposed to different types of asbestos-containing building products, including fireproofing sprays, drywall products and textures. Asbestos lawyers also successfully brought cases against companies that manufactured the equipment that used asbestos-containing materials, such as boilers and pumps.

During this period, numerous documents that implicated asbestos companies were uncovered. These documents proved their involvement in conspiracy and fraud. The documents include the 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 thwart efforts to inform the public of these dangers.

In the early and mid-1980s in the 1980s, when these and other forms of corporate fraud and conspiracy were uncovered, a wave class action settlements was launched, along with other attempts were made to reduce asbestos liability by asbestos companies. These attempts were met by massive opposition from plaintiffs' attorneys and their clients as well as the general public.

The Third Cases

In the 1970s, asbestos firms had lost the ability to keep information about the devastating effects of mesothelioma and the other asbestos-related illnesses from the public. This was due to the fact that the connection between asbestos and diseases like mesothelioma, asbestosis, and other respiratory problems started getting attention from major national publications instead of just small medical journals or newsletters for industry. Once asbestos-related serious illnesses were well-established and the victims began filing lawsuits against asbestos-related companies.

One of the major push factors that led to increased asbestos lawsuits in the 1970s was a ruling by the courts which allowed plaintiffs to apply the legal theory of strict liability. In the past asbestos lawsuits, plaintiffs required proof that asbestos lawyer manufacturers were negligent in creating their exposure to asbestos attorney. However in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were responsible for any injuries caused by their products in the event that the company knew their product was unsafe and did not warn its employees or the general public about its dangers.

After the ruling, a number of asbestos producers filed for bankruptcy. This process allows a company, even if still operating, to reorganize itself in bankruptcy court and put funds into trusts to pay asbestos claimants. Johns-Manville was an especially noteworthy case because it was hit with numerous lawsuits from former workers who suffered 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.

Since the time, asbestos litigation has continued increase due to the rising number of victims suffering from asbestos-related diseases. Asbestos cases are often complex due to the ailments they cause can take years to manifest and aren't always evident to those who have been diagnosed.

Some victims have been waiting for years to receive settlements from insurance companies even after their employers were found to be responsible. The US Supreme Court has dealt with a variety of cases involving settlements for class actions that asbestos companies offered in an attempt 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 injuries.

The Fourth Case

Asbestos, a mineral which is extremely hazardous, has sickened and killed hundreds of thousands of people over the years. Asbestos was also extensively used by manufacturers who knew it was a risk, but continued to use it.

As the legal system deals these 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 companies in their home countries for compensation.

These cases typically involve secondary asbestos exposure. This occurs when employees who handle asbestos attorneys while on the job transfer it to their spouses or children living at home. The family members suffer from mesothelioma and other asbestos-related diseases.

Many lawsuits are filed today by the families of victims based on this type of case. Asbestos lawyers can help families file a lawsuit against the company responsible for their loved ones' asbestos-related injuries.

The emergence of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits offer victims the chance to seek justice through the assistance of an attorney well-versed in the legal issues that these cases raise.

While a lot of asbestos lawyers have pushed for this type of litigation, there are also certain people who do not support it. In fact, there have been several attempts to pass legislation that would limit the use of asbestos-related class actions.

The most recent significant advancement in asbestos litigation was the filing of a suit by Massachusetts residents against four companies regarding how they dealt with asbestos abatement and disposal. The lawsuit claimed that the firms did not follow state laws in not properly disposing asbestos and failing to protect residents from toxic dust.

Asbestos litigation has been a long-running issue that is likely to continue for a number of decades to come. The asbestos industry has attempted to shield itself from responsibility by making legal arguments that are technical and by trying to pass legislative solutions which would stop victims from seeking justice. However, it appears that many victims and lawyers are determined to see justice done.