Asbestos Lawsuit History
Many asbestos victims have received help from lawyers like Stanley Levy. Patients suffering from mesothelioma and asbestos-related diseases can sue companies who produced, mined or used asbestos or asbestos-containing products.
Nellie Kershaw was the first to file an asbestos lawsuit. She developed health issues while working in an asbestos fiber manufacturing plant in England. She died at age 33 of fibrosis in the lungs caused by asbestos exposure.
The First Cases
Asbestos is a hazardous mineral that has sickened or killed thousands of people over time. Asbestos claims are filed for a variety reasons, but the majority involve people who have been exposed to asbestos while at work. This includes those who worked in factories that manufactured asbestos-related products, or on the construction sites of buildings with asbestos. It can also include those who were exposed to asbestos through household products like talcum powder.
Exposure to asbestos can cause many different illnesses, including mesothelioma, lung cancer, and other respiratory problems. Many have received compensation for their injuries even though some these diseases are fatal. This is because many countries have laws that require companies that create dangerous substances to warn those who may be injured by them.
The first asbestos lawsuit, filed in 1929, included a woman by the name of Anna Pirskowski. She suffered from shortness of breathe and thickening in the fingertip tissue (known as clubbing). She was awarded a settlement of $75,000, which is believed to be the first class action lawsuit filed in relation to asbestos.
In the years that followed in the years that followed, more and more asbestos lawsuits were filed. Asbestos litigation became a very broad area of law and many lawyers started to specialize in asbestos litigation. They only accepted cases that were extremely serious. One company that took on this was Kazan Law, which in the late 1980s began to concentrate on bringing cases on behalf of mesothelioma patients.
Other lawsuits were won by individuals who had suffered from other asbestos-related illnesses like asbestosis or plaques in the pleural cavity. The condition that caused them was similar to the mesothelioma, which makes it easier to prove for lawyers. These claims led to the disclosure of secret documents which showed the ways asbestos product manufacturers attempted to hide their risks. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.
The Second Cases
As the number of people diagnosed with asbestos-related disease increased, victims and families began bringing lawsuits. These lawsuits were brought against companies that mined asbestos, produced asbestos-containing products or sold products containing asbestos. Mesothelioma patients also filed lawsuits against the companies that created and built the buildings in which they worked including shipyards, power plants, and refineries. The connection between asbestos exposure and mesothelioma development is strong.
By the early 1980s, the legal dispute over asbestos lawsuits began to intensify and courts made rulings on a variety of aspects of the case procedure. A federal court, for instance determined that only people suffering from asbestos-related malignancies such as mesothelioma and lung cancer were eligible to bring a lawsuit against the makers of asbestos products. The ruling, dubbed Borel v. Fibreboard Paper Products Corp. is a major setback to asbestos lawsuit defendants.
Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first well-known legal claim against asbestos companies. Kershaw was factory worker from Rochdale, England was diagnosed with lung problems caused by her close exposure to asbestos fibers. Kershaw tried to convince her employer to cover the cost of treatment. The company was unable to pay. Kershaw died in her 30s from fibrosis.
The second round of asbestos cases centered on those who worked in construction sites and were exposed types of asbestos-containing building materials including fireproofing sprays drywall materials and textures. Asbestos lawyers also brought successful cases against companies who made equipment that utilized asbestos-containing materials, such as pumps and boilers.
During this time, a variety of documents incriminating asbestos companies were uncovered. These documents proved their involvement in fraud and conspiracies. The documents included personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed a shady alliance between these companies to hide the dangers of asbestos and to thwart efforts to warn the public.
In the early and mid-1980s, when these and other forms of corporate fraud and conspiracy were discovered In the early to mid-1980s, a wave of class actions settlement was initiated, as well as other attempts were made to limit asbestos liability by asbestos companies. These efforts were met with strong opposition from plaintiffs' attorneys and their clients as well as the general public.
The Third Cases
By the 1970s, asbestos firms had lost the ability to hide information about the devastating effects of mesothelioma as well as other asbestos-related illnesses from the public. This was largely due to the fact that the connection between asbestos and illnesses such as mesothelioma, asbestosis and other respiratory problems started getting attention from major national publications instead of small industry newsletters or medical journals. When the link between asbestos and serious diseases was established, patients started filing lawsuits against asbestos manufacturers.
One of the primary factors that pushed an increase in asbestos lawsuits in the 1970s was a ruling by the courts which allowed plaintiffs to apply the legal concept of strict liability. In the past asbestos lawsuits, plaintiffs had to prove that asbestos manufacturers were negligent in creating their asbestos exposures. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries caused by their products if they knew their product was unsafe but did not warn their 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 in operation, to organize itself in bankruptcy court and put money into trusts to pay asbestos claimants. Johns-Manville is an example. It was the victim of many lawsuits filed by former workers who suffered from asbestosis, mesothelioma and lung cancer. Kazan Law brought several cases against the manufacturer, and was able to win the company punitive damages in a number of cases.
Since the time asbestos litigation has continued increase due to the increasing number of victims suffering from asbestos-related illnesses. Asbestos litigation is often complicated because the illnesses caused by asbestos can take a long time to manifest and aren't always obvious to those who have been diagnosed.
Some victims have been forced to wait for years for reimbursement from insurance companies, even after their employers were found liable. The US Supreme Court has addressed various cases where asbestos companies sought to limit their liability by offering settlements in class action. The court has also discussed whether individual defendants could be held accountable for injuries caused by asbestos.
The Fourth Cases
Asbestos, a mineral which is extremely harmful, has sickened and killed hundreds of thousands of people over the years. It's also a product that was used extensively by companies who knew it was dangerous and they continued to make use of it in their manufacturing processes.
As the legal system handles these asbestos lawsuits, there are always new developments. One of the most significant legal developments is the decision Lubbe v. Cape Plc. This set the precedent for victims to sue multi-national companies in their home countries for compensation.
These cases often involve secondary exposure to asbestos. Workers who handle asbestos at work may transfer it to their families or spouses. The family members then suffer lawyers for asbestos cases from mesothelioma, or other asbestos-related illnesses.
Many lawsuits are filed by the families of victims based on this type of case. Asbestos attorneys can help families file a claim against the companies that caused the asbestos-related injuries suffered by their loved ones.
Another significant development in asbestos litigation is the increase in class action lawsuits. These asbestos lawsuits permit victims to seek justice with the aid of a lawyer familiar with the complex legal issues these cases bring.
While asbestos lawyers have advocated for this type of lawsuit, there are those who are against it. In fact there have been a number of attempts to pass legislation that would limit the use of asbestos-related class actions.
The most recent major development in asbestos litigation is the filing a suit by Massachusetts residents against 4 companies over their handling of asbestos removal and disposal. The lawsuit alleged that the companies had violated state law by not disposing of asbestos properly and failing to safeguard residents from the harmful dust.
Asbestos litigation is a long-running issue that is likely to continue for many decades to come. The asbestos industry has attempted to shield itself from responsibility by using legal arguments based on technicalities and by attempting to pass legislative solutions that would block victims from seeking justice. It appears that a lot of victims, and their lawyers, are determined to see justice served.