Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma or other asbestos-related illnesses can sue companies that produced, mined or used asbestos or asbestos-containing products.
Nellie Kershaw was the first to file an asbestos lawsuit. She worked in a plant that spun asbestos fibers in England and was diagnosed with health issues. She died at the age of 33 from fibrosis of the lung due to asbestos exposure.
The First Cases
Asbestos, a dangerous mineral, has sickened and killed thousands of people throughout the years. Asbestos claims are filed for many reasons, but they usually involve people who have been exposed to asbestos while at work. This includes workers at factories that made asbestos-related items as well as those who worked in the construction of buildings that contain asbestos, and even those who were exposed to secondhand asbestos from contaminated household products like talcum powder.
Exposure to asbestos can cause many different diseases which include mesothelioma, lung cancer, and other respiratory ailments. Many have been compensated for their injuries, even though some of these diseases can be fatal. This is largely because most countries have laws that require companies that produce dangerous substances to warn people who might be injured by them.
The first asbestos lawsuit, filed in 1929, included a woman by the name of Anna Pirskowski. She was suffering from shortness of breath and a 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 involving asbestos.
In the years that followed there were a lot of asbestos lawsuits were filed. Asbestos litigation grew into a broad area of law and many lawyers began to specialize in asbestos litigation. This meant that they dealt with the most serious cases. One firm that did this was Kazan Law, which in the late 1980s started to focus on the bringing of cases on behalf of people who had mesothelioma.
Other lawsuits have been won by those who suffered from asbestos-related illnesses such as asbestosis or pleural plaques. This is because the condition that caused these was similar to mesothelioma, making it more straightforward for lawyers to prove. 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 issued in 1989.
The Second Cases
As the number diagnosed with asbestos-related illnesses grew, victims and families began filing lawsuits. These lawsuits were filed against companies that mined asbestos, produced asbestos-containing products, or sold asbestos-containing goods. Mesothelioma victims also filed claims against companies who created and built the buildings in which they worked, including shipyards, power plants, and refineries. The correlation between asbestos exposure and mesothelioma's development is strong.
In the early 1980s, the legal battle over asbestos lawsuits began to escalate and the courts ruled on many aspects of the case process. A federal court, for example, ruled that only those suffering from malignant asbestos-caused diseases such as mesothelioma and lung cancer could bring a lawsuit against the makers of asbestos products. The ruling, dubbed Borel v. Fibreboard Paper Products Corp., was an important setback for 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 claim against asbestos companies. Kershaw was diagnosed with lung ailments due to her frequent 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 died in her 30s from fibrosis.
The second wave of asbestos-related cases focused on those who worked in construction sites and were exposed kinds of asbestos-containing building materials such as fireproofing sprays, textures and drywall products. Asbestos lawyers also prevailed in lawsuits against companies who manufactured the equipment that made use of asbestos-containing products, such as boilers and pumps.
During this time, numerous incriminating documents were uncovered that revealed asbestos companies have been involved in fraud and conspiracy. The documents included the personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed the scheme of these companies to cover up the fact that asbestos was dangerous and to suppress efforts to inform the public of the dangers.
In the early and mid-1980s in the 1980s, when these and other forms corporate fraud and conspiracy were discovered, a wave class action settlements was launched and other attempts were made to limit asbestos liability by asbestos companies. These efforts were met with fierce resistance from plaintiffs’ attorneys and their clients as well as the public.
The Third Case
In the 1970s, asbestos companies had lost the ability to conceal information about the deadly effects of mesothelioma and other asbestos-related illnesses from the public. This was due to the fact that the link between asbestos and illnesses like asbestosis, mesothelioma and respiratory diseases like asthma began receiving attention from major national publications instead of small medical journals or newsletters for industry. After asbestos-related serious illnesses were established, victims began filing lawsuits against asbestos-related companies.
One of the primary factors that pushed increased asbestos lawsuits in the 1970s was a court ruling that allowed plaintiffs to utilize the legal concept of strict liability. In the past asbestos lawsuits, plaintiffs required proof that asbestos manufacturers were negligent in causing their asbestos exposures. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries resulting from their products if they knew that their product was dangerous but did not inform their employees or the general public about the dangers.
After the ruling, a number of asbestos producers were forced to file for bankruptcy. This process permits a business, even though it is still in operation, to reorganize its affairs in bankruptcy court and put funds into trusts to pay asbestos claimants. Johns-Manville is one of the most notable examples. It was the victim of many lawsuits filed by former factory employees who were suffering from asbestosis, mesothelioma, or lung cancer. Kazan Law brought several cases against the manufacturer and was able get punitive damages against it.
Since then asbestos litigation has continued grow due to the rising number of victims suffering from asbestos-related illnesses. Asbestos cases can be complicated due to the ailments that they cause can take a long time to manifest and are not always evident to those who have been diagnosed.
Some victims have been waiting for years to receive reimbursement from insurance companies, even after their employers were found responsible. The US Supreme Court has addressed various cases where asbestos companies tried to limit their liability by offering class action settlements. The court has also discussed whether individuals can be held liable for injuries resulting from asbestos.
The Fourth Cases
Asbestos, a substance that is extremely dangerous, has sickened and killed hundreds of thousands over the decades. Mount Pleasant asbestos attorneys was also extensively used by manufacturers who knew it was a risk yet continued to make use of it.
As the legal system handles these asbestos lawsuits with a constant stream of new developments. One of the most significant legal developments is the decision Lubbe v Cape Plc. This set the precedent for victims to sue multinational companies in their home countries for compensation.
Most of the time, these cases involve exposure to asbestos in the second degree. Workers who handle asbestos at work may transfer it to their families or spouses. The family members then suffer from mesothelioma or other asbestos-related diseases.
This type of case is the basis of many lawsuits brought by the families of victims in the present. Asbestos lawyers can aid 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 offer victims the chance to seek justice with the assistance of an attorney who is well-versed in the legal issues these cases bring up.
While a lot of asbestos lawyers have pushed for this type of litigation, there are also those who are against it. There have been numerous initiatives to pass legislation that restrict the use of 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 concerning how they handled asbestos removal and disposal. The lawsuit alleged that the companies violated state law by not properly disposing of asbestos and failing to safeguard residents from the harmful dust.
Asbestos litigation is a long-standing problem that will likely persist for a long time. The asbestos industry has tried to avoid liability through legal arguments that are technical and also by attempting to pass legislative remedies that would prevent victims from seeking justice. It appears that a lot of victims, as well as their lawyers, are determined to see justice acted upon.