Asbestos Lawsuit History
Many asbestos victims have received assistance from lawyers such as Stanley Levy. Patients suffering from asbestos-related diseases, such as mesothelioma, can sue companies that mined, manufactured or used asbestos.
Nellie Kershaw filed her first asbestos lawsuit. She developed health issues while working in an asbestos fiber plant in England. She passed away at the age of 33 of fibrosis of the lung due to asbestos exposure.
The First Cases
Asbestos is a dangerous mineral that has afflicted or killed thousands of people over the years. Asbestos claims are filed for many reasons, but they usually involve people who have been exposed to asbestos at work. This includes employees who worked in factories that made asbestos-related products, or on the construction site of buildings containing asbestos. It could also include people 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 problems. Many have been awarded compensation for their injuries even though some these diseases can be fatal. This is due to the fact that most countries have laws that require companies that create dangerous substances to inform people who might be injured by them.
The first asbestos lawsuit was filed in 1929, and included a woman named Anna Pirskowski. She was suffering from a range of ailments, including shortness of breath and the thickening of the tissue around the fingers, which is also known as clubbing. She was awarded an amount of $75,000 in settlement that is believed to be the first class action lawsuit in connection with asbestos.
In Aurora asbestos lawsuits that followed, more and more asbestos lawsuits were filed. Asbestos litigation became a very vast area of law and many lawyers began to specialize in asbestos litigation. This meant that they were able to handle the most serious cases. Kazan Law was one firm that specialized in this area in the latter part of the 80s.
Other lawsuits were won by those who been diagnosed with other asbestos-related diseases such as asbestosis or plaques in the pleural cavity. This is because the disease that caused these was very similar to mesothelioma, making it more straightforward for lawyers to prove. These claims also led to the revelation of secret documents that showed how manufacturers of asbestos products tried to hide the dangers. In 1989 the Asbestos Ban & Phase Out Rule was issued.
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, manufactured or sold asbestos-containing products. Additionally, mesothelioma patients made claims against companies who designed and constructed the buildings they worked in including power plants, shipyards, refineries and factories. The link between asbestos exposure and mesothelioma development is strong.
In the early 1980s the legal battle over asbestos lawsuits began to get more intense and the courts made decisions on various aspects of the case process. A federal court, for instance determined that only people suffering from malignant asbestos-related diseases like mesothelioma and lung cancer were eligible to take on asbestos manufacturers. products. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.
Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first legal claim that is well-known against asbestos companies. Kershaw was an employee in a factory in Rochdale in England, was diagnosed with lung issues caused by her frequent exposure to raw asbestos fibers. She attempted to convince her employer to pay for the treatment. The company was unable to pay. Kershaw died at 33 years old of fibrosis of her lungs.
The second phase of asbestos lawsuits centered on people who had been exposed to different types asbestos-containing building products, like fireproofing sprays and drywall products. Asbestos lawyers also prevailed in lawsuits against companies who manufactured the equipment that used asbestos-containing materials, such as boilers and pumps.
During this time, many documents that implicated 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, as well as correspondence from the general counsel of another asbestos producer, Raybestos Manhattan. These documents revealed a shady alliance between these companies to hide asbestos' dangers and deflect efforts to educate the public.
In the mid-1980s to early-1990s, when these and other forms of corporate fraud and conspiracy were exposed, a wave class action settlements was launched, along with other attempts made to reduce asbestos liability by asbestos companies. These attempts were met with strong opposition from plaintiffs' attorneys, their clients and the public.
The Third Case
In the 1970s, asbestos-related companies could no longer hide the deadly effects of asbestos-related illnesses like mesothelioma from the public. This was due to the fact that the connection between asbestos and diseases like asbestosis, mesothelioma and other respiratory problems started getting attention from major national publications instead of just small medical journals or newsletters for industry. When the link between asbestos and serious illness was well-established, victims began filing lawsuits against asbestos producers.
One of the main driving factors that led to increased asbestos lawsuits in the 1970s was a court decision that allowed plaintiffs to use the legal concept of strict liability. In the past asbestos lawsuits, plaintiffs had to show that asbestos manufacturers were negligent in causing their asbestos exposures. In the 1973 case Borel v. Fibreboard a judge ruled asbestos producers liable for any injuries caused by their products if they knew that their product was unsafe but did not inform their employees or the general public about the dangers.
After this ruling, many asbestos producers were forced to file for bankruptcy. This process permits a business, even though it is still operating, to reorganize itself in bankruptcy court and put funds into trusts to pay asbestos claimants. Johns-Manville is one of the most notable examples. It was a victim of many lawsuits filed by former workers who suffered from asbestosis, mesothelioma, or lung cancer. Kazan Law brought several cases against the manufacturer and was able to obtain the company punitive damages in a number of cases.
Asbestos lawsuits have increased since then due to the rising number of asbestos-related diseases. Asbestos lawsuits are often complicated due to the ailments they cause can take decades to manifest themselves and are not always immediately apparent to those who are diagnosed.
In addition certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found liable. The US Supreme Court has dealt with several cases involving class action settlements that asbestos companies offered in an attempt to limit their liability and it has also considered the question of whether or not it is possible to hold individual defendants liable for asbestos-related injury.
The Fourth Cases
Asbestos, a substance that is extremely dangerous, has sickened and killed hundreds of thousands over the decades. Asbestos was also widely used by manufacturers who knew it was a risk however they continued to employ it.
As the legal system tackles asbestos lawsuits new developments are taking place all the time. One of the most important legal developments is the decision Lubbe v. Cape Plc. This set an example for asbestos victims to sue multinational corporations in their home countries to recover compensation.
Often, these cases involve exposure to asbestos in the second degree. This happens when workers who work with asbestos while on the job transfer it to their spouses or children at home. The family members suffer from mesothelioma and other asbestos-related diseases.
This type of situation is the basis of many lawsuits filed by relatives of victims in the present. Asbestos lawyers can assist families bring a case against the responsible parties for the asbestos-related injuries suffered by their loved family members.
The emergence 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 who is familiarized with the complex legal issues that these cases raise.
While a lot of asbestos lawyers have pushed for this type of litigation, there are also certain people who do not support it. There have been numerous attempts to pass legislation to limit the use class actions in asbestos lawsuits.
The most recent major advancement in asbestos litigation is the filing of a lawsuit by Massachusetts residents against four companies for how they handled asbestos removal and disposal. The lawsuit claimed that the companies in violation of state law by not disposing asbestos properly and failing residents from toxic dust.
Asbestos litigation is a long-running issue that is likely to continue for many decades to come. The asbestos industry has attempted to avoid liability through technical legal arguments 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.
Aurora asbestos lawsuits