The 10 Most Scariest Things About Asbestos Lawsuit History
Asbestos Lawsuit (Blogfreely.Net) History
Since the 1980s many asbestos-producing companies and employers have gone through bankruptcy and the victims are paid through trust funds for bankruptcy as well as individual lawsuits. Some plaintiffs have stated that their cases were the subject of suspect legal maneuvering.
The Supreme Court of the United States has heard a number of asbestos-related cases. The court has heard cases involving class action settlements which sought to limit liability.
Anna Pirskowski
In the mid-1900s, a woman called Anna Pirskowski suffered from asbestos-related illnesses and passed away. Her death was significant due to the fact that it sparked asbestos lawsuits against various manufacturers, and led to an increase in claims filed by those diagnosed with lung cancer, mesothelioma or other ailments. These lawsuits led the way to trust funds created by the government which were used by bankrupt companies to compensate asbestos-related victims. These funds also permit asbestos victims and their families to receive reimbursement for medical expenses and suffering.
The asbestos-effected workers often bring the asbestos-containing material home to their families. When this happens, the family members inhale the fibers which causes them to experience the same symptoms as the asbestos-exposed worker. Some of these symptoms include chronic respiratory issues, lung cancer, and mesothelioma.
While many asbestos companies knew asbestos was a risk, they downplayed the risks and refused to inform their employees or consumers. Johns Manville Company actually refused to let life insurance companies to enter their buildings to install warning signs. The company's own studies, revealed asbestos's carcinogenic properties in the 1930s.
The Occupational Safety and Health Administration (OSHA) was established in 1971, but it didn't start to regulate asbestos until the 1970s. At this point doctors and health experts were already working to educate the public to the dangers of asbestos. These efforts were mostly successful. The media and lawsuits helped raise awareness, but many asbestos firms resisted calls for more stringent regulation.
Despite the fact asbestos is banned in the United States, the mesothelioma issue remains a major concern for people across the country. This is due to asbestos continuing to be found in homes and businesses even those constructed prior to the 1970s. It is essential that those diagnosed with mesothelioma, or any other asbestos-related disease seek legal advice. An experienced lawyer can help them get the amount of compensation they are entitled to. They will be able to comprehend the complex laws which apply to this kind of case and will ensure that they receive the most favorable outcome.
Claude Tomplait
Claude Tomplait, diagnosed with asbestosis in 1966, filed the first lawsuit against asbestos producers. His lawsuit alleged that they didn't warn consumers about the dangers associated with their insulation products. This crucial case opened the way for thousands and tens of thousands of similar lawsuits to be filed in the future.
Most asbestos lawsuits are brought by those who have worked in the construction industry and utilized asbestos-containing materials. Carpenters, electricians, and plumbers are among those who have been affected. Some of these workers are suffering from lung cancer, mesothelioma and other asbestos-related illnesses. Some of these workers are seeking compensation in the event that loved ones have passed away.
Millions of dollars can be awarded in damages in a lawsuit brought against the maker of asbestos products. These funds are used to pay past and future medical costs, lost wages and suffering and pain. This money can also be used to pay for travel expenses funeral and burial costs as well as loss companionship.
Asbestos litigation has forced a number of companies into bankruptcy, and also created an asbestos trust fund to pay victims. The litigation has also put a strain on the state and federal courts. It has also consumed many hours of attorneys and witnesses.
The asbestos litigation was a costly and long-running process that took many decades. But, it was successful in exposing asbestos company executives who had concealed the asbestos facts for years. They were aware of the risks and pressured employees to not speak up about their health issues.
After several years of appeal and trial, the court decided in favor of Tomplait. The court's decision was based upon the 1965 edition of Restatement of Torts, which states that "A manufacturer is responsible for injury to an end-user or consumer of its product if it is sold in a defective condition without adequate warning."
Jacqueline Watson, Tomplait's wife, was awarded damages by the court after the verdict. However, Ms. Watson died before the court could issue her final verdict. Kazan Law volunteered to take the case to the California Supreme Court to overturn the Appellate Court's decision.
Clarence Borel
In the late 1950s, asbestos insulators like Borel began to complain about breathing problems and a thickening of their fingertip tissue, called "finger clubbing." They filed claims for workers' compensation. The asbestos industry, however, minimized asbestos' health risks. The truth would only become widely known in the 1960s, as more research in medicine identified asbestos-related respiratory ailments such as asbestosis and mesothelioma.
Borel sued asbestos-containing insulation material manufacturers in 1969 for failing to warn about the dangers their products. He claimed he had developed asbestosis and mesothelioma as a result of working with their insulation for 33 years. The court ruled that the defendants had a responsibility to warn.
The defendants claim that they did not commit any wrongdoing since they knew about asbestos's dangers well before 1968. They point to expert testimony that asbestosis doesn't show itself until fifteen or twenty, or even twenty-five years after initial exposure to asbestos. However, if these experts are correct and the defendants are found to be negligent, they could have been held accountable for the injuries of other workers who may be suffering from asbestosis earlier than Borel.
The defendants also argue that they aren't responsible for Borel’s mesothelioma since it was his decision to continue working with asbestos-containing substances. Kazan Law gathered evidence that revealed that the defendants' businesses were aware of asbestos risks and suppressed the information for decades.
The 1970s saw an increase in asbestos-related lawsuits, even though the Claude Tomplait class action case being the first. Asbestos lawsuits flooded the courts and a multitude of asbestos-related illnesses were contracted by workers. In response to the lawsuit asbestos-related businesses, they went into bankruptcy. Trust funds were created to compensate victims of asbestos lawyer-related illnesses. As the litigation grew it became evident that asbestos-related companies were responsible for the damages caused by their harmful products. Therefore, the asbestos attorneys industry was forced to reform the way they operated. Today, many asbestos-related lawsuits have been resolved for millions of dollars.
Stanley Levy
Stanley Levy has written a number of articles that have been published in journals of scholarly research. He has also given talks on these topics at various legal conferences and seminar. He is an active member of the American Bar Association and has served on various committees dealing with mesothelioma, asbestos and mass torts. His firm, Levy Phillips & Konigsberg is a representation firm for more than 500 asbestos plaintiffs across the country.
The firm charges 33 percent plus expenses for any compensation it receives for clients. It has won some of the biggest verdicts in the history of asbestos litigation, including the $22 million verdict for a man suffering from mesothelioma who worked at a New York City steel plant. The firm is also representing 132 Brooklyn Navy Yard plaintiffs, and has filed claims for thousands of people with mesothelioma as well as other asbestos-related diseases.
Despite this achievement, the firm is confronted with criticism for its involvement in asbestos lawsuits. It has been accused of spreading conspiracy theories, attacking the jury system, and manipulating statistics. The firm has also been accused of investigating fraud claims. In response to this the firm has launched a public defense fund and is looking for donations from both corporations and individuals.
Another issue is the fact that a lot of defendants are attempting to undermine the scientific consensus worldwide that asbestos even at very low levels can cause mesothelioma. They have used the funds provided by the asbestos industry to hire "experts" to publish articles in academic journals that back their claims.
Attorneys aren't just arguing over the scientific consensus on asbestos, but are also focusing on the other aspects of cases. They argue, for instance, about the constructive notification required to file an asbestos claim. They claim that the victim actually been aware of asbestos' dangers in order to receive compensation. They also argue over the compensation ratios for various asbestos-related illnesses.
Attorneys for plaintiffs argue there is a substantial incentive to compensate people who have suffered from mesothelioma or related diseases. They claim that the companies who made asbestos should have known about the risks and must be held accountable.