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Asbestos Lawsuit History
Many asbestos victims have received assistance from lawyers such as Stanley Levy. Patients suffering from mesothelioma and asbestos-related diseases can sue companies who mined, manufactured, or used asbestos and asbestos-containing products.
The first asbestos lawsuit was filed by Nellie Kershaw. She suffered health issues while working in an asbestos fiber factory in England. She died at the age of 33 from fibrosis of the lungs caused by asbestos exposure.
The First Cases
Asbestos is a dangerous mineral that has sickened or killed thousands of people over time. Asbestos claims are filed for a variety of reasons, but most often involve those who were exposed to asbestos while at work. This can include workers at factories that made asbestos-related items or those working on the construction of buildings that contain asbestos, and even those who were exposed to asbestos secondhand from household products that were contaminated, like talcum powder.
Exposure to asbestos can trigger various illnesses that include lung cancer, mesothelioma and other respiratory ailments. Many people have received compensation for their injuries even though some of these diseases can be fatal. The majority of countries have laws that require manufacturers of dangerous substances to warn anyone who may be injured.
The first asbestos lawsuit that was filed in 1929 involved a woman by the name of Anna Pirskowski. She was suffering from a variety of symptoms, including breathlessness and thickening of the fingertip tissue, which is called clubbing. She was awarded a settlement of $75,000 and is believed to be the first class action lawsuit filed in the field of asbestos.
Asbest lawsuits continued to be filed in the years following. Asbestos litigation became a very vast area of law and many lawyers started to specialize in asbestos litigation. This meant that they were able to handle the most serious cases. One firm that was involved in this was Kazan Law, which in the late 1980s began to concentrate on bringing cases on behalf of mesothelioma patients.
Other lawsuits have been won by people who suffered from asbestos-related illnesses such as asbestosis or plaques in the pleural cavity. This is because the disease that caused these was like mesothelioma making it more straightforward for lawyers to prove. These claims also led to the revelation of secret documents that revealed the way asbestos producers 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 diagnosed with asbestos-related disease increased the number of victims and their families began bringing lawsuits. These lawsuits were filed against companies that mined asbestos, manufactured asbestos-containing products or sold asbestos-containing products. Additionally, mesothelioma patients filed lawsuits against the companies that designed and built the buildings they worked in like shipyards, power plants refineries and factories. The connection between asbestos exposure and the development of mesothelioma is strong.
By Grand Rapids asbestos attorneys , the legal battle over asbestos lawsuits began to get more intense and the courts ruled on many aspects of the procedure. For instance a federal court decided that only individuals suffering from a malignant asbestos-caused illness such as mesothelioma, or lung cancer are able to bring a lawsuit against the manufacturers of asbestos-related products they used. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.
Around the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first well-known lawsuit against asbestos-related companies. Kershaw was diagnosed with lung problems due to her frequent contact with raw asbestos fibers, tried to get the firm she worked for to cover her treatment. The company was unable to pay. Kershaw died at 33 years old of fibrosis of her lungs.
The second phase of asbestos lawsuits centered on those who were exposed to various types asbestos-containing building products, like fireproofing sprays and drywall products. Asbestos lawyers also brought successful cases against companies that made equipment that utilized asbestos-containing materials, such as pumps and boilers.
During this time, many documents that implicated asbestos companies were discovered. These documents showed their involvement in conspiracies and fraud. 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 conceal asbestos' dangers and to thwart efforts to warn 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 to limit asbestos liability for asbestos-related companies. These efforts were met with fierce resistance from plaintiffs' attorneys and their clients, as well as from the public at large.
The Third Cases
By the 1970s, asbestos companies had lost the ability to keep information on the fatal effects of mesothelioma and other asbestos-related diseases from the general public. This was due in large part to the fact that major national publications began paying attention to the connection between mesothelioma, asbestos and other respiratory diseases, instead of small industry newsletters and medical journals. Once the links between asbestos and serious illnesses were well-established and patients began making lawsuits against asbestos producers.
One of the main push factors that led to an increase in asbestos lawsuits in the 1970s was a court decision which allowed plaintiffs to apply the legal theory of strict liability. Previously asbestos lawsuits, plaintiffs required proof that asbestos manufacturers were negligent in causing their asbestos exposures. However, in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were accountable for any injuries their products caused when the company knew their product was dangerous and did not warn its employees or the general public about the dangers.
Following this ruling, many asbestos-related companies have filed for bankruptcy, a procedure that allows businesses to reorganize itself in bankruptcy court, and put money in trusts to cover asbestos claims, and continue to continue to operate. Johns-Manville is one of the most notable examples. It was hit by many lawsuits filed by former workers who were diagnosed with asbestosis, mesothelioma, or lung cancer. Kazan Law brought several cases against the manufacturer and was able to get punitive damages against it.
Since the time, asbestos litigation has continued grow as a result of the growing number of people suffering from asbestos-related illnesses. Asbestos cases are often complex due to the ailments they cause can take decades to manifest and are not always obvious to those diagnosed.
Additionally certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found responsible. The US Supreme Court has addressed a number of cases where asbestos companies attempted to limit their liability by offering class action settlements. It also has addressed the question of whether individuals can be held liable for asbestos related injury.
The Fourth Cases
Asbestos is a very dangerous mineral that has sickened or killed hundreds of thousands of people over the years. Asbestos was also used extensively by manufacturers who knew it was dangerous however they continued to use it.
The legal system is able to handle these asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most significant legal developments is a decision called Lubbe v Cape Plc, which set a precedent that allows victims to sue multinational companies in their home jurisdictions for compensation.
Most of the time, these cases involve secondary exposure to asbestos. Workers who work with asbestos work may transfer it to their family members or spouses. Family members suffer from mesothelioma and other asbestos-related diseases.
This kind of case is the basis of 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 by their loved ones.
The rise of class action lawsuits is another major development in asbestos litigation. These asbestos lawsuits offer victims the opportunity to seek justice through the assistance of an attorney who is well-versed in the legal issues these cases bring up.
Certain asbestos lawyers are opposed to this type of litigation. In actual fact there have been numerous attempts to pass legislation restricting the use of asbestos 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 handled asbestos removal and disposal. The lawsuit claimed that the companies violated state law by not disposing of asbestos properly and failing to safeguard residents from toxic dust.
Asbestos litigation is a long-running problem that will likely persist for a number of decades to come. The asbestos industry has tried to avoid responsibility by using legal arguments based on technicalities and attempting to get legislative remedies passed that would block victims from seeking justice. It seems that many victims, and their lawyers are determined to see justice served.