Asbestos Lawsuit History
Many asbestos victims have been helped by lawyers like Stanley Levy. People with asbestos-related diseases, such as mesothelioma, can sue companies who mined, manufactured or used asbestos.
Nellie Kershaw was the first to file an
asbestos attorneys lawsuit. She worked at a factory that made asbestos fibers in England and developed health problems. She passed away at the age of 33 from fibrosis of the lung due to asbestos exposure.
The First Cases
Asbestos, a dangerous mineral, has infected and killed thousands over the years. Asbestos claims can be filed for various reasons, but they usually involve people who were exposed to asbestos at work. This can include workers at factories that produced asbestos-related products as well as those who worked in the construction of buildings with asbestos, or who were exposed to asbestos secondhand from contaminated household products like talcum powder.
People who were exposed to asbestos may develop a number of different illnesses like mesothelioma, lung cancer and other respiratory conditions. Many have been compensated for their injuries even though some of these diseases are fatal. This is largely because most countries have laws that require companies that create dangerous substances to warn those who could be hurt by them.
The first asbestos lawsuit that was filed in 1929 involved a woman by the name of Anna Pirskowski. She suffered from shortness of breathe and thickening of the tissue around the fingertip (known as clubbing). She was awarded a settlement of $75,000, which is believed to be the first class action lawsuit in the field of asbestos.
In the years that followed, more and more
asbestos attorney lawsuits were filed. Some of these cases were very large, and many attorneys began to specialize in
asbestos attorney litigation. This meant that they were able to handle the most serious cases. One company that took on this was Kazan Law, which in the latter half of the 1980s began to focus on taking on cases for people who had mesothelioma.
Other lawsuits have been won by individuals who suffered from asbestos-related illnesses like asbestosis and pleural plaques. This is due to the fact that the disease that caused them was similar to mesothelioma, making it easier for lawyers to prove. These claims led to the release of secret documents which showed how asbestos manufacturers tried to conceal their risks. In 1989, the Asbestos Ban & Phase Out Rule was enacted.
The Second Case
As the number of people suffering from asbestos-related diseases grew, patients and their families began bringing lawsuits against companies that mined, made or sold asbestos-containing products. Mesothelioma victims also filed claims against companies who created and built the buildings in which they worked such as power plants, shipyards 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 procedure. A federal court, for instance decided that only those suffering from malignant asbestos-caused diseases such as mesothelioma and lung cancer were able to bring a lawsuit against the makers of asbestos products. This ruling, dubbed Borel v. Fibreboard Paper Products Corp. was an important setback for asbestos plaintiffs.
At the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is thought to be the first legal claim that is well-known against asbestos companies. Kershaw, who had been diagnosed with lung problems due to her close contact with raw asbestos fibers, tried to get the firm she worked for to pay for her treatments. But, the company was unable to agree. Kershaw passed away at the age of 33 from lung fibrosis.
The second phase of asbestos lawsuits focused on those who were exposed to various types asbestos-containing building products, such as fireproofing sprays, and drywall products. Asbestos lawyers also successfully brought lawsuits against companies who manufactured the equipment that utilized asbestos-containing products, such as pumps and boilers.
During this time, many documents incriminating asbestos companies were uncovered. These documents revealed 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 the plot of these companies to hide the fact that asbestos was dangerous and to deflect efforts to inform the public of the dangers.
In the early and mid-1980s When these and other forms of corporate fraud and conspiracy were exposed In the early to mid-1980s, a wave of class actions settlement was initiated, as well as other attempts were made to limit asbestos liability by asbestos companies. These attempts were met with strong opposition from plaintiffs' lawyers and their clients, as as from the public in general.
The Third Case
By the 1970s asbestos companies were no longer able conceal the devastating effects of asbestos-related diseases like mesothelioma from people. This was due in large part to the fact that major national publications began paying attention to the connection between
asbestos attorney, mesothelioma 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 filing lawsuits against asbestos manufacturers.
One of the major factors that pushed increased asbestos lawsuits in the 1970s was a ruling by the courts that allowed plaintiffs to utilize the legal concept of strict liability. In the past asbestos lawsuits, plaintiffs had to prove that asbestos manufacturers were negligent in causing their asbestos exposures. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries resulting from their products if they knew their product was dangerous but did not inform their employees or the general public about the dangers.
In the wake of this ruling, a number of asbestos manufacturers filed for bankruptcy, a process which allows a company to reorganize in bankruptcy court, set money aside in trusts to pay for asbestos claims, and then continue to continue to operate. Johns-Manville is a notable case, since it was hit with numerous lawsuits from 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 litigation has increased since then due to the growing number of asbestos-related diseases. Asbestos litigation is often complicated because the diseases caused by asbestos can take years to manifest and aren't always obvious to those who have been diagnosed.
A few victims have had to wait years for settlements from insurance companies, even after their employers were found liable. The US Supreme Court has dealt with numerous cases involving class action settlements that asbestos companies offered in an attempt to limit their liability, and has also looked into the question of whether or not it is possible to hold individual defendants liable for asbestos-related injury.
The Fourth Cases
Asbestos, a mineral that is extremely dangerous has killed and sickened hundreds of thousands of people over the years. Asbestos was also used extensively by companies who were aware of its dangers yet continued to employ it.
As the legal system handles these asbestos lawsuits and
asbestos lawsuits, new developments take place constantly. One of the most significant legal developments is a ruling known as Lubbe v.