Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. People with mesothelioma and other asbestos-related diseases can sue companies that mined, manufactured or used asbestos and asbestos-containing products.
The first asbestos lawsuit was filed by Nellie Kershaw. She worked at 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 in her lungs. It was caused by exposure to asbestos.
The First Cases
Asbestos, a hazardous mineral, has afflicted and killed thousands throughout the years. Asbestos claims can be filed for various reasons, but they usually involve people who were exposed to the substance at work. This can include workers at factories that made asbestos-related products or those working in the construction of buildings that contain asbestos, and even those who were exposed to asbestos secondhand from household products contaminated with asbestos like talcum powder.
People who were exposed to asbestos could develop a number of different diseases including mesothelioma, lung cancer and other respiratory conditions. Many people have been compensated for their injuries even though some of these diseases can be fatal. The majority of countries have laws that require manufacturers of dangerous substances to inform anyone who might be injured.
The first asbestos lawsuit, filed in 1929, involved a woman by the name of Anna Pirskowski. She was suffering from shortness of breath and thickening of the fingertip tissue (known as clubbing). She was awarded an amount of $75,000 in settlement and is believed to be the first class action lawsuit in the field of asbestos.
Asbest lawsuits continued to be filed in the years that followed. Some of the cases grew extremely large, and a number of attorneys began to specialize in asbestos litigation. This meant that they dealt with the most serious cases. One firm that was involved in this was Kazan Law, which in the latter half of the 1980s began to concentrate on bringing cases on behalf of people who had mesothelioma.
Other lawsuits have been won by individuals who suffered from asbestos-related diseases, such as asbestosis and plaques in the pleural cavity. This is due to the fact that the disease that caused them was like mesothelioma making it easier for lawyers to prove. These claims also led to the disclosure of secret documents that showed how asbestos-related manufacturers tried to hide the dangers. In 1989, the Asbestos Ban & Phase Out Rule was enacted.
The Second Cases
As the number of people suffering from asbestos-related diseases grew, patients and their families began filing lawsuits against companies that mined, produced or sold asbestos-containing products. Mesothelioma patients also filed lawsuits against companies who created and built the buildings where they worked including power plants, shipyards and refineries. The connection between asbestos exposure and mesothelioma development is solid.
In the early 1980s, the legal battles over asbestos lawsuits became more ferocious, and courts began to rule on various aspects of the litigation process. A federal court, for instance, ruled that only those suffering from malignant asbestos-caused diseases like mesothelioma or lung cancer were eligible to sue the manufacturers of asbestos products. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.
Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first well-known legal claim against asbestos-related companies. Kershaw, a factory worker from Rochdale, England, was diagnosed with lung issues due to her exposure to raw asbestos fibers. She attempted to convince her employer to cover the cost of treatment. However, the company refused. Kershaw passed away in her 30s from fibrosis.
The second wave of asbestos cases focused on workers who worked at construction sites and were exposed to different types of asbestos-containing building materials, including fireproofing sprays, drywall products and textures. Asbestos attorneys also brought successful cases against companies that manufactured equipment that used asbestos-containing material, such as boilers and pumps.
During this period, numerous documents pertaining to asbestos companies were discovered. These documents proved their involvement in conspiracies and fraud. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos producer, Raybestos Manhattan. These documents revealed the plot of these companies to conceal the fact that asbestos was dangerous and to thwart efforts to inform the public of these dangers.
The discovery of these and other forms of corporate fraud and conspiracy in the mid- to late 1980s caused a surge of class action settlements as well as other attempts to limit asbestos liability for asbestos companies. These efforts were met with a fierce opposition from plaintiffs' lawyers and their clients, as well as the general public in general.
The Third Cases
In the 1970s, asbestos companies could no longer cover up the dangers of asbestos-related diseases like mesothelioma from the general public. This was due in large part to the fact that major national publications began paying attention to the link between mesothelioma, asbestos and other respiratory diseases, instead of small industry newsletters and medical journals. Once the connection between asbestos and serious diseases was well-established, victims started making lawsuits against asbestos producers.
One of the main driving factors that led to an increase in asbestos lawsuits in the 1970s was a court decision that allowed plaintiffs to utilize the legal theory of strict liability. In the past, plaintiffs in asbestos cases required proof that asbestos manufacturers were negligent in causing their exposure to asbestos. However, in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were liable for any injuries their products caused if the company knew that their product was dangerous and failed to warn its employees or the public about its dangers.
After the ruling, a number of asbestos producers were forced to file for bankruptcy. This process allows a company, even if still operating, to reorganize its affairs in bankruptcy court and put money into trusts to pay asbestos claimants. Johns-Manville was a particularly notable example, as it was hit with numerous lawsuits from former factory workers suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law brought several cases against the manufacturer and was able to get punitive damages verdicts against it.
Since then, asbestos litigation has continued increase due to the rising number of victims suffering from asbestos-related ailments. Asbestos lawsuits are often complicated because the diseases they cause can take years to manifest themselves and aren't always evident to those who have been diagnosed.
In addition certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found responsible. The US Supreme Court has dealt with a variety of cases involving settlements for class actions that asbestos companies offered to try to limit their liability, and has also looked into the question of whether or not it is possible to hold defendants accountable for asbestos-related injury.
The Fourth Case
Asbestos, a mineral which is extremely dangerous, has sickened and killed hundreds of thousands of people over the many years. It's also a material that was used extensively by companies that knew it was dangerous and they continued to employ it in their manufacturing processes.
As the legal system handles asbestos lawsuits new developments are taking place constantly. One of the most significant legal developments is the decision Lubbe v Cape Plc. This set an example for asbestos victims to sue multinational corporations in their home countries for compensation.
Often, these cases are accompanied by secondary exposure to asbestos. Workers who handle asbestos at work may transfer it to their family members or spouses. The family members suffer from mesothelioma and other asbestos exposure lawsuit settlements asbestos-related diseases.
There are many lawsuits filed today by the families of victims based on this type of case. Asbestos lawyers can aid families file a lawsuit against the company that is responsible for their loved ones' asbestos-related injuries.
The rise of class-action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits provide victims the opportunity to seek justice through the assistance of an attorney well-versed in the complicated legal issues these cases bring up.
While asbestos lawyers have pushed for this type of lawsuit, there are certain people who do not support it. There have been numerous attempts at passing legislation to limit the use class actions in asbestos lawsuits.
The most recent significant change in asbestos litigation was the filing of a suit by Massachusetts residents against four companies over the way they handled asbestos abatement and disposal. The lawsuit alleged that the companies had violated the law of the state by not properly disposing of asbestos and failing to protect residents from toxic dust.
Asbestos litigation is a long-standing problem that will likely persist for a number of decades to come. The asbestos industry has attempted to shield itself from responsibility by making legal arguments that are technical and attempting to pass legislative remedies which would stop victims from seeking justice. It appears that many victims, as well as their lawyers, are determined to see justice served.