Asbestos Lawsuit History

Many asbestos victims have received assistance from lawyers like Stanley Levy. Patients suffering from asbestos-related diseases such as mesothelioma can sue companies that mined or manufactured asbestos.

Nellie Kershaw filed her first asbestos lawsuit. She worked at a factory that made asbestos attorneys fibers in England and was diagnosed with health issues. She passed away at the age of 33 from fibrosis of the lung caused by asbestos exposure.

The First Cases

Asbestos, a dangerous mineral, has sickened and killed thousands throughout the years. Asbestos claims can be filed for a variety of reasons, but they typically involve those who were exposed to the substance at work. This includes employees who worked in factories that made asbestos-related products, or on the construction site of buildings containing asbestos. It can also be those who were exposed to asbestos by using household products, such as talcum powder.

Exposure to asbestos can cause various illnesses that include mesothelioma, lung cancer and other respiratory issues. While some of these ailments are extremely serious and could be fatal, many have been able to receive compensation for their injuries. The majority of countries have laws that require companies that create dangerous substances warn anyone who may be injured.

The first asbestos lawsuit was filed in 1929. It involved a woman named Anna Pirskowski. She was suffering from a range of symptoms including shortness of breath and thickening of the fingertip tissue known as clubbing. She received a settlement worth $75,000 in what is believed to be the first-ever class action lawsuit that dealt with asbestos.

In the years that followed, more and more asbestos lawsuits were filed. Some of the cases became extremely large, and a number of attorneys started to specialize in asbestos litigation. They only would take on cases that were serious. One firm that did this was Kazan Law, which in the late 1980s began to focus on bringing cases on behalf of people who had mesothelioma.

Other lawsuits were won by individuals who had suffered from other asbestos-related illnesses such as asbestosis or pleural plaques. The condition that caused them was similar to the mesothelioma, which makes it more straightforward 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. This led to the Asbestos Ban and Phase Out Rule being announced in 1989.

The Second Case

As the number of people suffering from asbestos-related illnesses grew, the victims and their families began bringing lawsuits against companies that mined, produced or sold asbestos-containing products. Mesothelioma sufferers also filed lawsuits against the companies that created and built the buildings in which they worked such as power plants, shipyards and refineries. The correlation between asbestos exposure and mesothelioma development is strong.

In the early 1980s, legal litigation over asbestos lawsuits grew more ferocious and courts began to rule on a variety of aspects of the case process. A federal court, for instance determined that only people suffering from asbestos-related malignancies such as mesothelioma and lung cancer were eligible to sue the manufacturers of asbestos products. This ruling, also referred to as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.

Around the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first well-known lawsuit against asbestos companies. Kershaw was diagnosed with lung ailments caused by her close contact with raw asbestos fibers, attempted to get the company she worked for to pay for her treatments. The company was unable to pay. Kershaw passed away at 33 years old of lung fibrosis.

The second round of asbestos-related cases focused on those who worked in construction sites and were exposed to various types of asbestos-containing building materials, including fireproofing sprays, drywall products and textures. Asbestos lawyers also brought successful cases against companies who manufactured equipment that used asbestos-containing materials, such as pumps and boilers.

During this time, a variety of documents incriminating asbestos companies were discovered. These documents revealed their involvement in conspiracy and fraud. The documents included the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed a conspiracy between these two companies to hide the dangers of asbestos and to thwart efforts to warn the public.

In the mid-1980s to early-1990s, when these and other forms of corporate fraud and conspiracy were uncovered, a wave class action settlements was launched and other efforts were made to reduce asbestos liability by asbestos companies. These attempts were met by massive opposition from plaintiffs' attorneys and their clients as well as the general public.

The Third Case

In the 1970s, asbestos-related companies were no longer able to hide the deadly effects of asbestos-related diseases such as mesothelioma from the public. This was due to the fact that the connection between asbestos and diseases like mesothelioma, asbestosis, and respiratory diseases like asthma began getting attention from major national publications instead of just small medical journals or industry newsletters. After the links between asbestos and serious illnesses were established and patients began filing lawsuits against asbestos-related companies.

In the 1970s, a decision by the courts which allowed plaintiffs to make recourse to strict liability as a legal theory was among the major factors that led to an increase in asbestos lawsuits. Previously asbestos lawsuits, plaintiffs required proof that asbestos manufacturers were negligent in causing their exposure to asbestos. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries resulting from their products if they knew that their product was unsafe but did not warn their employees or the general public about its dangers.

After this ruling, many asbestos producers filed for bankruptcy. This procedure allows a business, while still in operation, to reorganize itself in bankruptcy court and place money in trusts to pay asbestos claimants. Johns-Manville is a notable case, since it was slammed with a variety of lawsuits brought by former factory workers who were suffering from asbestosis, lung cancer and mesothelioma. Kazan Law set several cases against the manufacturer and was able to get punitive damage verdicts against the company.

Asbestos lawsuits have increased since then due to the growing number of asbestos attorney-related diseases. Asbestos litigation is often complicated due to the fact that the ailments caused by asbestos can take years to manifest and aren't always apparent to those who are diagnosed.

A few victims have been forced to wait for years for compensation from insurance companies, even after their employers were found liable. The US Supreme Court has addressed several cases in which asbestos companies sought to limit their liability by offering settlements for class actions. It also has considered whether individual defendants can be held accountable for injuries resulting from asbestos.

The Fourth Cases

Asbestos is a very hazardous mineral that has caused the death or sickness of hundreds of thousands of people over the decades. Asbestos was also widely used by companies who were aware of its dangers yet continued to employ it.

As the legal system deals with these asbestos lawsuits new developments are taking place constantly. One of the most important legal developments is the decision Lubbe v Cape Plc. This set an example for asbestos victims to sue multi-national companies in their home countries to recover compensation.

Often, these cases involve secondary exposure to asbestos. Workers who work with asbestos work may pass it on to their family members or spouses. The family members suffer from mesothelioma or other asbestos-related illnesses.

This type of situation is the basis of many lawsuits brought by the families of victims of asbestos today. Asbestos lawyers can assist families file a lawsuit against the company responsible for their loved ones' asbestos injuries.

The rise of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits provide victims the chance to pursue justice with the help of an attorney well-versed in the complicated legal issues these cases bring up.

While many asbestos attorneys have pushed for this type of litigation, there are also certain people who do not support it. In fact there have been a number of attempts to pass legislation restricting the use of class actions in asbestos cases.

The latest major change in asbestos litigation is the filing an action by Massachusetts residents against 4 companies for handling asbestos removal and disposal. The lawsuit claimed that the companies in violation of state law in not properly disposing asbestos and exposing residents to the harmful dust.

Asbestos litigation has been going on for a long time, and it's likely that it will continue to do so well into the future. The asbestos industry has attempted to shield itself from responsibility by bringing up technical legal arguments and attempting to pass legislative solutions which would stop victims from seeking justice. But, it appears that many victims and attorneys are determined to see justice served.