Five Killer Quora Answers To Asbestos Lawsuit History
Asbestos Lawsuit History
Lawyers such as Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma and asbestos-related diseases can sue companies who mined, manufactured or used asbestos and asbestos-containing products.
The first asbestos lawsuit was filed by Nellie Kershaw. She developed health issues while working in an asbestos fiber manufacturing plant in England. She passed away at the age of 33 of fibrosis in the lung due to asbestos exposure.
The First Cases
Asbestos, a hazardous mineral, has sickened and killed thousands over the years. Asbestos claims are filed for many reasons, but they usually involve those who have been exposed to asbestos while at work. This could include workers in factories that produced asbestos-related products, people who worked in the construction of buildings containing asbestos and even those who were exposed to secondhand asbestos from household products contaminated with asbestos such as talcum powder.
Exposure to asbestos can lead to a variety of diseases that include mesothelioma, lung cancer and other respiratory problems. Many people have received compensation for their injuries, even though some of these diseases are fatal. Most countries have laws requiring companies that create dangerous substances inform anyone who might be injured.
The first asbestos lawsuit was filed in 1929, and involved a woman named Anna Pirskowski. She was suffering from a variety of ailments, including breathlessness and thickening of the fingertip tissue, which is known as clubbing. She received a settlement amounting to $75,000 in what is believed to be the first class action lawsuit that involved asbestos.
In the years following, more and more asbestos lawsuits were filed. Asbestos litigation grew into a large area of law, and many attorneys began to specialize in asbestos litigation. This meant that they were able to handle the most serious cases. One firm that was involved in this was Kazan Law, which in the late 1980s started to focus on bringing cases on behalf of people with mesothelioma.
Other lawsuits were won by those who been diagnosed with other asbestos-related diseases like asbestosis or plaques in the pleural cavity. The condition that caused them was similar to the mesothelioma, making it more straightforward to prove for lawyers. These claims led to the release of secret documents that showed the ways asbestos product manufacturers attempted to hide their risks. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.
The Second Case
As the number of people suffering from asbestos-related diseases grew, patients and their families began to file lawsuits against companies that mined, made or sold asbestos-containing products. Mesothelioma victims also filed lawsuits against companies that designed and constructed the structures in which they worked, including power plants, shipyards and refineries. The link between asbestos exposure and mesothelioma growth is solid.
In the early 1980s the legal battle over asbestos lawsuits began to intensify and courts made decisions on various aspects of the case process. For example a federal court ruled that only people suffering from malignant asbestos-related disease such as mesothelioma or lung cancer are able to file an action against the makers of the asbestos products they employed. This ruling, known as Borel v. Fibreboard Paper Products Corp. is a major setback to asbestos lawsuit defendants.
At around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first well-known legal claim against asbestos companies. Kershaw, factory worker from Rochdale, England was diagnosed with lung issues caused by her close exposure to asbestos fibers in raw form. She tried to get her employer to pay for the treatment. The company was unable to pay. Kershaw passed away at the age of 33 from lung fibrosis.
The second wave of asbestos lawsuits focused on workers exposed to different types asbestos-containing building products, such as fireproofing sprays and drywall products. Asbestos lawyers also prevailed in lawsuits against companies who manufactured the equipment that utilized asbestos-containing products, such as boilers and pumps.
During this period, a variety of incriminating documents were uncovered that proved asbestos companies were involved in a scheme of fraud and. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos manufacturer, Raybestos Manhattan. These documents revealed a conspiracy between these companies to conceal the dangers of asbestos and suppress efforts to warn the public.
In the early and mid-1980s When these and other forms corporate fraud and conspiracy were discovered in the 1980s, a wave of class action settlements was launched, along with other attempts were made to reduce asbestos liability by asbestos companies. These efforts were met with strong resistance from plaintiffs' attorneys and their clients, as as the general public at large.
The Third Case
In the 1970s, asbestos companies were no longer able to conceal the devastating effects of asbestos-related diseases like mesothelioma from the general public. This was due in large part to the fact major national publications began paying attention to the connection between mesothelioma, asbestos and other respiratory diseases, rather than small industry medical journals and newsletters. Once the links between asbestos and serious illnesses were well-established and the victims began making lawsuits against asbestos producers.
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. Previously asbestos lawsuits, plaintiffs had to show that asbestos manufacturers were negligent in the way they caused their exposure to asbestos. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries caused by their products if they knew their product was dangerous but did not inform their employees or the general public about the dangers.
Following this ruling, many asbestos producers were forced to file for bankruptcy, a process that allows a business to be reorganized in bankruptcy court, and put money in trusts to pay for asbestos claims and still be in operation. Johns-Manville was an especially notable case, since it was slammed with a variety of lawsuits from former workers who suffered from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer and was able get punitive damages verdicts against it.
Since the time, asbestos litigation has continued to increase due to the growing number of people suffering from asbestos-related ailments. Asbestos litigation is often complex because the illnesses caused by asbestos can take years to manifest and are not always obvious to those who have been diagnosed.
Additionally certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found accountable. The US Supreme Court has dealt with several cases involving class action settlements that asbestos companies offered to try to limit their liability, and it has also considered the issue of whether it is possible to hold individual defendants liable for asbestos-related injuries.
The Fourth Cases
Asbestos, a mineral that is extremely harmful, has sickened and killed hundreds of thousands of people over the years. Asbestos was also used extensively by manufacturers who knew it was a risk, but continued to employ it.
As the legal system deals with asbestos lawsuits and asbestos lawsuits, new developments take place constantly. One of the most significant legal developments is the ruling Lubbe v. Cape Plc. This set a precedent allowing victims to sue multi-national companies in their home countries to recover compensation.
These cases typically involve secondary asbestos exposure. Workers who work with asbestos work can transfer it to their families or spouses. The family members are affected by mesothelioma as well as other asbestos-related illnesses.
This type of case is the basis for many lawsuits brought by the families of victims of asbestos today. Asbestos attorneys can help families bring a claim against the companies that caused the asbestos-related injuries suffered by their loved relatives.
The rise of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits permit victims to seek justice with the assistance of a lawyer familiar with the complex legal issues these cases present.
Certain asbestos attorneys are opposed to this type of litigation. There have been several attempts to pass legislation to limit the use of class actions in asbestos lawsuits.
The most recent significant advancement in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies concerning how they handled asbestos removal and disposal. The lawsuit claimed that the companies had violated the law of the state by not disposing of asbestos properly and failing to protect residents from the harmful dust.
Asbestos litigation has been ongoing for decades, and it's likely that it will continue to do so for a long time to come. The asbestos industry has attempted to avoid responsibility by making legal arguments that are technical and by trying to pass legislative solutions that would prevent the victims from seeking justice. However, it appears that a lot of victims and their attorneys are determined to see justice done.
