10 Things Everyone Hates About Asbestos Lawsuit History

Asbestos Lawsuit History

Many asbestos victims have received help from lawyers like Stanley Levy. Patients suffering from asbestos-related diseases such as mesothelioma are able to sue companies that mined, manufactured or used asbestos.

Nellie Kershaw filed the first asbestos lawsuit. She developed health issues while working in an asbestos fiber manufacturing plant in England. She passed away at the age of 33 due to fibrosis that had developed in her lungs, caused by asbestos exposure.

The First Cases

Asbestos is a dangerous mineral that has sickened or killed thousands of people over the years. Asbestos claims can be filed for many reasons, but they generally involve those who were exposed to the substance at work. This includes workers at factories that produced asbestos attorneys-related products, people who worked on the construction of buildings with asbestos, or who were exposed to asbestos from household products that were contaminated, such as talcum powder.

Exposure to asbestos can cause many different illnesses which include mesothelioma, lung cancer, and other respiratory issues. Many people 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 was filed in 1929, and involved a woman named Anna Pirskowski. She suffered from shortness of breathe and a thickening of the fingertip tissue (known as clubbing). She was awarded a settlement of $75,000 and is believed to be the first class action lawsuit filed in relation to asbestos.

Asbest lawsuits continued to be filed in the years following. Asbestos litigation became a broad area of law and many lawyers started to specialize in asbestos litigation. They only accepted cases that were very important. One firm that did this was Kazan Law, which in the late 1980s started to concentrate on the bringing of cases on behalf of people who had mesothelioma.

Other lawsuits were won by individuals who had suffered from other asbestos-related illnesses like asbestosis or pleural plaques. This is due to the fact that the disease that caused them was like mesothelioma making it more straightforward for lawyers to prove. These claims also led to the revelation of secret documents that revealed the way asbestos producers attempted to conceal the dangers. This led to the Asbestos Ban and Phase Out Rule being enacted in 1989.

The Second Case

As the number of people diagnosed with asbestos-related illnesses grew the families and victims began bringing lawsuits. These lawsuits were filed against businesses that mined asbestos, manufactured asbestos-containing products or sold asbestos-containing products. Additionally, mesothelioma patients made claims against companies that designed and built the buildings where they worked including power plants, shipyards, factories and refineries. The connection between asbestos exposure and mesothelioma growth is solid.

By the early 1980s, the legal battle over asbestos lawsuits began to intensify and courts made decisions on various aspects of the procedure. A federal court, for instance determined that only people suffering from malignant asbestos-related diseases such as mesothelioma and lung cancer could bring a lawsuit against the makers of asbestos products. This ruling, dubbed Borel v. Fibreboard Paper Products Corp., was a major setback to asbestos plaintiffs.

Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first legal claim that is well-known against asbestos companies. Kershaw, a factory worker from Rochdale in England, was diagnosed with lung problems caused by her frequent exposure to raw asbestos fibers. She attempted to convince her employer to cover the cost of treatment. The company was unable to pay. Kershaw died in her 30s of fibrosis.

The second wave of asbestos cases focused on workers who worked at construction sites and were exposed kinds of asbestos-containing building materials, including fireproofing sprays, drywall products and textures. Asbestos lawyers also prevailed in cases against companies that manufactured the equipment that made use of asbestos-containing materials, like pumps and boilers.

During this period, numerous documents incriminating asbestos companies were discovered. These documents showed their involvement in fraud and conspiracies. This included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos manufacturer, Raybestos Manhattan. These documents revealed a plot between these companies to conceal asbestos' dangers and suppress efforts to warn the public.

The discovery of these and other types of corporate fraud and conspiracy in the early to mid-1980s led to a flurry of class action settlements and other efforts to limit asbestos liability for asbestos-related companies. These efforts were met with a fierce resistance from plaintiffs' attorneys and their clients, as as from the public in general.

The Third Case

In the 1970s, asbestos-related companies could no longer hide the deadly effects of asbestos-related diseases like mesothelioma from the public. This was due in large part to the fact major national publications began to pay attention to the connection between asbestos, mesothelioma and other respiratory diseases, rather than small industry newsletters and medical journals. Once asbestos-related serious illness were well established, victims began filing lawsuits against asbestos manufacturers.

In the 1970s, a decision by the courts that allowed plaintiffs to recourse to strict liability as a legal concept was among the major factors that led to an increase in asbestos lawsuits. Plaintiffs in asbestos lawsuits used to be required to prove that asbestos manufacturers were negligent for exposing them. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos producers liable for any injuries that resulted from their products if they knew their product was unsafe, but did not inform their employees or the general public about its dangers.

Following this ruling, many asbestos lawyer-related companies were forced to file for bankruptcy, a procedure which allows a company to reorganize in bankruptcy court, and put money in trusts to cover asbestos claims, and continue to operate. Johns-Manville is an example. It was hit by many lawsuits filed by former factory employees who were suffering from asbestosis, mesothelioma and lung cancer. Kazan Law brought several cases against the manufacturer, and was able to obtain the company punitive damages in a number of cases.

Since the time asbestos litigation has continued grow due to the growing number of people suffering from asbestos-related ailments. Asbestos litigation is often complex because the diseases caused by asbestos can take a long time to manifest and aren't always apparent to those diagnosed.

Some victims have had to wait years for settlements from insurance companies even after their employers were found responsible. The US Supreme Court has addressed several cases in which asbestos companies sought to limit their liability by offering settlements in class action. It has also addressed the question of whether individual defendants could be held liable for injuries resulting from asbestos.

The Fourth Cases

Asbestos, a mineral that is extremely dangerous has killed and sickened hundreds of thousands of people over the decades. Asbestos was also extensively used by manufacturers who knew it was dangerous yet continued to use it.

As the legal system handles these asbestos lawsuits with a constant stream of new developments. One of the most significant legal developments is a decision known as Lubbe v Cape Plc, which set the precedent for victims to sue multinational corporations in their home jurisdictions to recover compensation.

These cases often involve secondary asbestos exposure. 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 today by the families of victims of this type of situation. Asbestos lawyers can assist 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 major change in asbestos litigation. These asbestos lawsuits offer victims the chance to seek justice through the assistance of an attorney who is familiarized with the complex legal issues these cases present.

While many asbestos attorneys have pushed 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 advancement in asbestos litigation was the filing of a suit by Massachusetts residents against four companies regarding how they handled asbestos removal and disposal. The lawsuit claimed that the firms violated state laws by not properly disposing of asbestos and failing residents from toxic dust.

Asbestos litigation is a long-standing issue that will likely continue for a number of decades to come. The asbestos industry has attempted to shield itself from responsibility by bringing up technical legal arguments and by attempting to pass legislative solutions that would prevent the victims from seeking justice. It appears that a lot of victims, as well as their lawyers are determined to get justice done.