15 Shocking Facts About Asbestos Lawsuit History

Asbestos Lawsuit History

Many asbestos victims have been helped by lawyers like Stanley Levy. Patients suffering from mesothelioma or other asbestos-related diseases can sue companies who produced, mined or used asbestos or asbestos-containing products.

Nellie Kershaw filed the first asbestos lawsuit. She worked in a factory that spun asbestos fibers in England and was diagnosed with health issues. She passed away at the age of 33 due to fibrosis that had developed in her lungs, caused by exposure to asbestos.

The First Cases

Asbestos is a dangerous mineral that has sickened or killed thousands of people over time. Asbestos claims can be filed for a variety of reasons, but they generally involve people who were exposed to the substance at work. This can include workers at factories that produced asbestos-related products as well as those who worked in the construction of buildings that contain asbestos, and even those who were exposed to asbestos secondhand from household products contaminated with asbestos such as talcum powder.

Exposure to asbestos can cause various illnesses which include mesothelioma, lung cancer and other respiratory ailments. Although some of these diseases are serious and may be fatal, a lot of people have been able to receive compensation for their injuries. This is due to the fact that most countries have laws that require companies who create dangerous substances to warn those who may be hurt by them.

The first asbestos lawsuit that was filed in 1929 included a woman by the name of Anna Pirskowski. She was suffering from shortness of breathe and thickening of the fingertip tissue (known as clubbing). She was awarded a settlement of $75,000 that is believed to be the first class action lawsuit in relation to asbestos.

In the years that followed there were a lot of asbestos lawsuits were filed. Some of the cases grew very large, and many attorneys began to specialise in asbestos litigation. This meant that they were able to handle the most serious cases. Kazan Law was one firm that was focusing on this in the latter part of the 80s.

Other lawsuits were won by individuals who had been diagnosed with other asbestos-related diseases like asbestosis or pleural plaques. The condition that caused them was very like mesothelioma and therefore more straightforward to prove for lawyers. These claims led to the disclosure of secret documents that revealed the ways asbestos product manufacturers attempted to conceal their risks. In 1989, the Asbestos Ban & Phase Out Rule was enacted.

The Second Case

As the number diagnosed with asbestos-related disease increased, victims and families began filing lawsuits. These lawsuits were filed against companies that mined asbestos, produced asbestos-containing products or sold products containing asbestos. Additionally, mesothelioma patients made claims against companies that designed and built the buildings where they worked like shipyards, power plants, refineries and factories. The link between asbestos exposure and mesothelioma growth is solid.

In the early 1980s, the legal litigation over asbestos lawsuits grew more intense and the courts began to rule on many aspects of case processes. A federal court, for example, ruled that only those suffering from asbestos-related malignancies like mesothelioma and lung cancer were eligible to sue the manufacturers of asbestos products. This ruling, dubbed Borel v. Fibreboard Paper Products Corp., was a major setback to asbestos plaintiffs.

At around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first well-known legal case against asbestos-related companies. Kershaw was diagnosed with lung problems due to her close contact with raw asbestos fibers, attempted to get the company she worked for to pay for her treatments. The company refused. Kershaw died at 33 years old from lung fibrosis.

The second phase of asbestos lawsuits centered on workers exposed to different kinds of asbestos-containing building materials, such as fireproofing sprays and drywall products. Asbestos attorneys also brought successful cases against companies who manufactured equipment that used asbestos-containing materials, like boilers and pumps.

During this time, many documents incriminating asbestos companies were discovered. These documents revealed their involvement in conspiracy and fraud. This included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos producer, Raybestos Manhattan. These documents revealed a shady alliance between these companies to hide the dangers of asbestos and suppress efforts to warn the public.

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

The Third Cases

By the 1970s asbestos companies were no longer able to hide the deadly effects of asbestos-related diseases such as mesothelioma from people. This was due in large part to the fact major national journals began paying attention to the link between mesothelioma, asbestos, and other respiratory diseases, instead of small industry medical journals and newsletters. Once the connection between asbestos and serious illness was established, patients started filing lawsuits against asbestos producers.

One of the main driving factors that led to increased asbestos lawsuits in the 1970s was a court decision which allowed plaintiffs to apply the legal concept of strict liability. Plaintiffs in asbestos cases used to be required to prove that asbestos producers were negligent for exposing them. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries that resulted from their products if they knew that their product was unsafe, but did not warn their employees or the general public about the dangers.

Following this ruling, many asbestos manufacturers have filed for bankruptcy, a process which allows a company to reorganize itself in bankruptcy court, put money in trusts to pay asbestos claims and still operate. Johns-Manville was an especially notable case, since it was hit with numerous lawsuits from former factory workers who were suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law set several cases against the manufacturer and was able get punitive damage verdicts against the company.

Asbestos litigation has grown since then due to the growing number of asbestos-related diseases. Asbestos lawsuits are often complicated because the diseases they cause can take decades to manifest themselves and aren't always evident to those who have been diagnosed.

Some victims have had to wait years for settlements from insurance companies, even after their employers were found liable. The US Supreme Court has dealt with numerous cases involving settlements for class actions that asbestos companies offered in an attempt 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 attorney, a mineral that is extremely hazardous has killed and sickened hundreds of thousands of people over the many years. It's also a product that was used extensively by companies that knew it was deadly and they continued to make use of it in their manufacturing processes.

As the legal system deals asbestos lawsuits, there are always new developments. One of the most significant legal developments is the decision Lubbe v. Cape Plc. This set a precedent allowing victims to sue multinational corporations in their home countries to recover compensation.

In most cases, these situations are accompanied by secondary exposure to asbestos. Workers who handle asbestos at work may transfer it to their families or spouses. The family members then suffer from mesothelioma and other asbestos-related illnesses.

Many lawsuits are filed today by the families of victims of this type of case. Asbestos attorneys can help families bring a claim against the companies that caused the asbestos injuries of their loved ones.

The emergence of class-action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits permit victims to seek justice with the aid of a lawyer well-versed in the legal issues that these cases raise.

While many asbestos attorneys have advocated for this type of litigation, there are also certain people who do not support it. There have been several initiatives to pass legislation that limit the use class actions in asbestos lawsuits.

The most recent significant change in asbestos litigation was the filing of a lawsuit filed by Massachusetts residents against four companies over the way they dealt with asbestos abatement and disposal. The lawsuit claimed that the firms did not follow state laws by not properly disposing of asbestos and exposing residents to toxic dust.

Asbestos litigation is a long-running issue that is likely to continue for many decades to come. The asbestos industry has attempted to avoid liability through technical legal arguments and also by attempting to pass legislative remedies that would stop victims from seeking justice. It appears that a lot of victims, as well as their lawyers, are determined to see justice served.