14 Common Misconceptions Concerning Asbestos Lawsuit History

Asbestos Lawsuit History

Lawyers such as Stanley Levy have helped many asbestos victims. Patients suffering from asbestos-related diseases, such as mesothelioma, can sue companies who mined, manufactured or used asbestos.

The first asbestos lawsuit was filed by Nellie Kershaw. She suffered health issues while working in an asbestos fiber manufacturing plant in England. She died at age 33 from fibrosis of the lung due to asbestos exposure.

The First Cases

Asbestos is a dangerous mineral that has ill-treated or killed thousands of people over the course of time. Asbestos claims are filed for a variety of reasons, but they usually involve people who have been exposed to asbestos in their work. This could include workers in factories that made asbestos-related items as well as those who worked on the construction of structures with asbestos, or who were exposed to secondhand asbestos from contaminated household products such as talcum powder.

Exposure to asbestos can trigger various diseases that include lung cancer, mesothelioma and other respiratory ailments. While some of these ailments are extremely serious and could be fatal, many people have been able to receive compensation for their injuries. Many countries have laws that require companies that create dangerous substances warn anyone who could 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 number of symptoms including shortness of breath and the thickening of the fingertip tissue called clubbing. She was awarded a settlement of $75,000 in what is believed to be the first class action lawsuit that involved asbestos.

Asbest lawsuits continued to be filed in the years following. Asbestos litigation grew into a vast area of law and many lawyers started to specialize in asbestos litigation. This meant that they only dealt with the most serious cases. Kazan Law was one firm that focused on this in the latter part of the 80s.

Other lawsuits were won by individuals who suffered from other asbestos-related diseases like asbestosis or plaques in the pleural cavity. The disease that caused them was very similar to the mesothelioma, and therefore more straightforward to prove for lawyers. These claims also led to the revelation of secret documents that showed how asbestos-related manufacturers tried to conceal the risks. In 1989, the Asbestos Ban & Phase Out Rule was enacted.

The Second Case

As the number of people suffering from asbestos-related diseases grew, patients and their families began to file lawsuits against companies that mined, manufactured or sold asbestos-containing products. Mesothelioma victims also filed claims against companies that designed and constructed the buildings in which they worked, including shipyards, power plants, and refineries. The link between mesothelioma and asbestos exposure is solid.

In the early 1980s, the legal battle over asbestos lawsuits began to intensify and courts made decisions on various aspects of the litigation process. For instance a federal court ruled that only those 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 used. This ruling, dubbed Borel v. Fibreboard Paper Products Corp. was a major setback to defendants in asbestos litigation.

Around the same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first known lawsuit against asbestos 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 pay for her medical treatments. The company was unable to pay. Kershaw died at 33 years old from fibrosis of her lungs.

The second wave of asbestos cases focused on those who worked in construction sites and were exposed to different kinds of asbestos-containing building materials including fireproofing sprays drywall materials and textures. Asbestos lawyers also brought successful cases against companies that produced equipment that contained asbestos-containing material, such as pumps and boilers.

During this time, many documents pertaining to asbestos companies were uncovered. These documents revealed their involvement in conspiracy and fraud. The documents included the personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed a shady alliance between these companies to conceal asbestos' dangers and deflect efforts to educate the public.

In the early to mid-1980s, when these and other forms of corporate fraud and conspiracy were uncovered, a wave class action settlements was launched and other efforts were made to limit asbestos liability by asbestos companies. These efforts were met with fierce resistance from plaintiffs' attorneys and their clients, as well as the general public at large.

The Third Cases

By the 1970s, asbestos-related companies had lost the ability to conceal information about the devastating effects of mesothelioma and the other asbestos-related diseases from the public. This was largely due to the fact that the link between asbestos and ailments such as mesothelioma, asbestosis and other respiratory problems started receiving attention from major national publications instead of just small medical journals or newsletters for industry. Once the connection between asbestos and serious illness was well-established, victims began filing lawsuits against asbestos producers.

In the 1970s, a decision by the courts that allowed plaintiffs the use of strict liability as a legal principle was one of the primary reasons for an increase in asbestos lawsuits. Plaintiffs in asbestos lawsuits 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 resulting from their products if they knew that their product was unsafe but did not inform their employees or the general public about the dangers.

Following this ruling, many asbestos manufacturers filed for bankruptcy, a process which allows a company to be reorganized in bankruptcy court, put money aside in trusts to pay asbestos claims, and continue to be in operation. Johns-Manville is an example. It was a victim of numerous lawsuits filed by former factory workers who were diagnosed with asbestosis, mesothelioma, or lung cancer. Kazan Law brought several cases against the manufacturer, and was able to win punitive damages verdicts against it.

Asbestos litigation has increased in the past few years due to the rising number of asbestos-related diseases. Asbestos litigation is often complex due to the fact that the ailments caused by asbestos can take years to manifest and are not always apparent to those diagnosed.

In addition 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 attempted to limit their liability by offering settlements for class actions. It also has considered whether individual defendants could be held liable for injuries caused by asbestos.

The Fourth Case

Asbestos is a very dangerous mineral, which has caused the death or sickness of hundreds of thousands of people over the years. asbestos lawyer was also widely used by manufacturers who knew it was dangerous, but continued to employ it.

As the legal system deals these asbestos attorneys lawsuits with a constant stream of new developments. One of the most important legal developments is the ruling Lubbe v. Cape Plc. This set the precedent for victims to sue multinational companies in their home countries for compensation.

These cases often result in secondary exposure to asbestos. This is when those who handle asbestos on the job transfer it to their spouses or children at home. The family members suffer from mesothelioma and other asbestos-related diseases.

Many lawsuits are filed by the families of victims of this type of situation. Asbestos lawyers can help families file a claim against the companies that caused the asbestos injuries of their loved family members.

The rise of class action lawsuits is a major change in asbestos litigation. These asbestos lawsuits offer victims the opportunity to seek justice with the help of an attorney well-versed in the legal issues these cases present.

While many asbestos attorneys have advocated for this type of litigation, there are also those who are against it. In fact there have been a number of attempts to pass legislation that would limit the use of asbestos class actions.

The most recent significant change in asbestos litigation was the filing of a lawsuit filed by Massachusetts residents against four companies regarding how they handled asbestos removal and disposal. The lawsuit claimed that the companies violated the law of the state by not properly disposing of asbestos and failing to safeguard residents from harmful dust.

Asbestos litigation has been a long-running problem that will likely persist for many decades to come. The asbestos industry has attempted to shield itself from responsibility by making legal arguments that are technical and attempting to get legislative remedies passed that would block victims from seeking justice. However, it seems that a lot of victims and their lawyers are determined to see justice served.