Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. 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 plant that spun asbestos fibers in England and developed health issues. She died at the age of 33 of fibrosis in the lung due to asbestos exposure.
The First Cases
Asbestos is a hazardous mineral that has afflicted or killed thousands of people over the years. Asbestos claims are filed for many reasons, but they usually involve people who have been exposed to asbestos at work. This can include workers at factories that made asbestos-related items as well as those who worked on the construction of buildings that contain asbestos, and even those who were exposed to secondhand asbestos from household products contaminated with asbestos such as talcum powder.
Exposure to asbestos can trigger a variety of illnesses which include mesothelioma, lung cancer and other respiratory problems. Many have been compensated for their injuries, even though some of these diseases are fatal. Most countries have laws requiring manufacturers of dangerous substances to warn anyone who could be injured.
The first asbestos lawsuit, filed in 1929, was filed by a woman with the name of Anna Pirskowski. She suffered from breath shortness and thickening in the tissue around the fingertip (known as clubbing). She was awarded an amount of $75,000 in settlement that is believed to be the first class action lawsuit filed in relation to asbestos.
In the years following there were a lot of asbestos lawsuits were filed. Some of these cases were quite large, and a lot of attorneys began to specialize in asbestos litigation. They only took on cases that were serious. Kazan Law was one firm that specialized in this area in the late 80s.
Other lawsuits have been won by individuals who suffered from asbestos-related diseases, such as asbestosis and pleural plaques. The condition that caused them was very similar to mesothelioma which makes it easier to prove for lawyers. These claims also led to the revelation of secret documents that revealed how manufacturers of asbestos products tried to hide the dangers. In 1989 the Asbestos Ban & Phase Out Rule was enacted.
The Second Cases
As the number of people suffering from asbestos-related diseases increased, victims and their families began to file lawsuits against companies that mined, produced or sold asbestos-containing products. In addition, mesothelioma sufferers filed claims against the companies that designed and built the structures where they worked, such as power plants, shipyards, factories and refineries. The link between asbestos exposure and mesothelioma growth is solid.
In the early 1980s the legal litigation over asbestos lawsuits grew more ferocious, and courts began to rule on many aspects of case processes. For instance a federal court ruled 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 the asbestos products they used. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.
At 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, England, was diagnosed with lung issues caused by her close exposure to asbestos fibers. She tried to get her employer to pay for the treatment. The company refused. Kershaw passed away in her 30s of fibrosis.
The second round of asbestos lawsuits focused on workers exposed to different types of asbestos-containing building products such as fireproofing sprays, and drywall products. Asbestos lawyers also prevailed in lawsuits against companies who manufactured the equipment that used asbestos-containing products, such as boilers and pumps.
During this period, numerous documents that implicated asbestos companies were uncovered. These documents showed their involvement in fraud and conspiracies. 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 conspiracy between these companies to conceal asbestos' dangers and suppress efforts to warn the public.
The discovery of these and other forms of corporate fraud and conspiracy in the mid- to late 1980s led to a flurry of class action settlements as well as other efforts to limit asbestos liability for asbestos-related companies. These efforts were met with fierce resistance from plaintiffs’ attorneys as well as their clients and the public.
The Third Cases
By the 1970s asbestos companies were no longer able to conceal the devastating effects of asbestos-related illnesses like mesothelioma from the general public. This was due to the fact that the link between asbestos and ailments like mesothelioma, asbestosis, and other respiratory problems started receiving attention from major national publications instead of small medical journals or industry newsletters. When the link between asbestos and serious diseases was well established, victims began making lawsuits against asbestos producers.
One of the primary driving factors that led to more asbestos lawsuits in 1970s was a court decision which allowed plaintiffs to apply the legal theory of strict liability. Plaintiffs in asbestos cases would be required to prove that asbestos producers were negligent for exposing them. 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 hazardous and did not warn its employees or the public about its dangers.
Following this ruling, a lot of asbestos producers filed for bankruptcy. This process allows a company, even if still in operation, to organize its affairs in bankruptcy court and to put money into trusts to pay asbestos claimants. Johns-Manville is a notable example. It was the victim of many lawsuits filed by former factory workers who suffered from asbestosis, mesothelioma, and lung cancer. Kazan Law brought several cases against the manufacturer, and was able to get punitive damages against it.
Since then, asbestos litigation has continued to grow due to the increasing number of victims suffering from asbestos-related diseases. Asbestos litigation is often complex because the diseases caused by asbestos can take a long time to manifest and are not always obvious to those who have been diagnosed.
A few victims have been waiting for years to receive reimbursement from insurance companies, even after their employers were found to be responsible. The US Supreme Court has dealt with several cases involving class action settlements that asbestos companies offered to try to limit their liability, and it has also considered the issue of whether it is possible to hold individual defendants liable for asbestos-related injuries.
The Fourth Cases
Asbestos, a mineral which is extremely harmful has killed and sickened hundreds of thousands over the years. It's also a material that was extensively used by companies that knew it was dangerous but continued to employ it in their manufacturing processes.
As the legal system handles these asbestos lawsuits and asbestos lawsuits, new developments take place every day. One of the most important legal developments is the ruling Lubbe v Cape Plc. This set an example for asbestos victims to sue multinational corporations in their home countries for compensation.
These situations usually involve secondary asbestos exposure. This occurs when employees who handle asbestos on the job pass it to their spouses or children at home. The family members are affected by mesothelioma as well as 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 claim against the company that is responsible for their loved ones' asbestos-related injuries.
The rise of class action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits permit victims to pursue justice with the help of a lawyer well-versed in the legal issues that these cases present.
Certain asbestos attorneys are opposed to this type of litigation. In actual fact there have been a number of attempts to pass legislation restricting the use of asbestos-related class actions.
The most recent major development in asbestos litigation was the filing of a lawsuit filed by Massachusetts residents against four companies regarding how they handled asbestos abatement and disposal. The lawsuit claimed that the firms violated state laws by not disposing asbestos properly and failing residents from toxic dust.
Asbestos litigation is a long-standing issue that is likely to continue for a number of decades to come. Ventura asbestos lawyer has attempted to avoid responsibility through legal arguments that are technical and by trying to pass legislative remedies that would stop victims from seeking justice. But, it appears that many victims and their lawyers are determined to get justice.