5 Things Everyone Gets Wrong Regarding 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 that produced, mined or used asbestos or asbestos-containing products.
Nellie Kershaw was the first to file an asbestos lawsuit. She was diagnosed with health issues while working in an asbestos fiber manufacturing plant in England. She died at the age of 33 due to fibrosis of her lungs, caused by exposure to asbestos.
The First Cases
Asbestos, a hazardous mineral, has afflicted and killed thousands throughout the years. Asbestos claims are filed for a variety of reasons, but most often involve those who have been exposed to asbestos in their work. This includes workers who worked in factories that made asbestos-related products, or on the construction site of buildings with asbestos. It can also include people who were exposed asbestos by using household products, such as talcum powder.
Alameda asbestos attorney who was exposed to asbestos could be afflicted with a variety of illnesses, including mesothelioma and lung cancer, and other respiratory ailments. Although some of these diseases are very serious and can be fatal, many have been able to receive compensation for their injuries. This is due to the fact that most countries have laws that require companies that create dangerous substances to inform those who could be hurt by them.
The first asbestos lawsuit that was filed in 1929 was filed by a woman with the name of Anna Pirskowski. She suffered from shortness of breathe and a thickening of the fingertip tissue (known as clubbing). She received a settlement amounting to $75,000 in what is believed to be the first-ever class action lawsuit that dealt with asbestos.
In the years following there were a lot of 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 dealt with the most serious cases. One firm that did this was Kazan Law, which in the late 1980s started to focus on bringing cases on behalf of people who had mesothelioma.
Other lawsuits have been won by people who suffered from asbestos-related ailments, such as asbestosis and pleural plaques. This is due to the fact that the disease that caused these was very similar to mesothelioma, making it more straightforward for lawyers to prove. These claims also led to the disclosure of secret documents that demonstrated how asbestos-related manufacturers attempted to conceal the dangers. This led to the Asbestos Ban and Phase Out Rule being announced in 1989.
The Second Case
As the number of people diagnosed with asbestos-related diseases grew the families and victims began to file lawsuits. These lawsuits were filed against businesses that mined asbestos, produced asbestos-containing products or sold products containing asbestos. In addition, mesothelioma sufferers filed lawsuits against the companies that designed and built the buildings they worked in including shipyards, power plants, refineries and factories. The link between asbestos exposure and mesothelioma development is very strong.
By the early 1980s, the legal battle over asbestos lawsuits began to get more intense and the courts made rulings on a variety of aspects of the litigation process. For instance a federal court ruled that only individuals suffering from malignant asbestos-related disease such as mesothelioma or lung cancer are able to file a lawsuit against the manufacturers of asbestos-related products they employed. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.
At the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first well-known lawsuit filed against asbestos-related companies. Kershaw was diagnosed with lung issues caused by her close contact with raw asbestos fibers, attempted to get the company she worked for to cover her treatment. The company, however, refused. Kershaw passed away at 33 years old from fibrosis of her lungs.
The second round of asbestos lawsuits centered on people who had been exposed to different kinds of asbestos-containing building materials, such as fireproofing sprays, and drywall products. Asbestos lawyers also brought successful cases against companies that made equipment that utilized asbestos-containing materials, like pumps and boilers.
During this time, numerous incriminating documents were discovered that proved asbestos companies have been involved in fraud and conspiracy. This included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos manufacturer, Raybestos Manhattan. These documents revealed the scheme of these companies to conceal knowledge that asbestos was dangerous and to suppress efforts to inform the public about the dangers.
The discovery of these and other forms of corporate fraud and conspiracy in the early to mid-1980s led to a flurry of class action settlements and other attempts at limiting asbestos liability for asbestos companies. These efforts were met with massive opposition from plaintiffs' attorneys, their clients and the general public.
The Third Cases
By the 1970s, asbestos firms had lost the ability to conceal information about the devastating effects of mesothelioma and other asbestos-related illnesses from the public. This was due to the fact that the connection between asbestos and ailments like mesothelioma, asbestosis, and other respiratory problems started getting attention from major national publications instead of small medical journals or industry newsletters. Once the connection between asbestos and serious illnesses was established, patients started filing lawsuits against asbestos manufacturers.
In the 1970s, a court ruling which allowed plaintiffs to make recourse to strict liability as a legal principle was one of the main reasons for an increase in asbestos lawsuits. Plaintiffs in asbestos cases would be required to prove that asbestos producers were negligent in exposing them. However, in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were responsible for any injuries their products caused in the event that the company knew their product was dangerous and did not inform its employees or the general public about its dangers.
Following this ruling, many asbestos producers were forced to file for bankruptcy, a procedure that allows a business to be reorganized in bankruptcy court, set money in trusts to cover asbestos claims and still be in operation. Johns-Manville is a notable example. It was the victim of numerous lawsuits brought by former factory employees who were suffering from asbestosis, mesothelioma, and lung cancer. Kazan Law set several cases against the manufacturer and was able to get punitive damage verdicts against the company.
Since then, asbestos litigation has continued to grow as a result of the growing number of people suffering from asbestos-related ailments. Asbestos lawsuits are often complicated because the diseases they cause can take years to manifest and aren't always evident to those who have been diagnosed.
Some victims have also been waiting for years to receive compensation from insurance companies even after their employers were found liable. The US Supreme Court has addressed various cases where asbestos companies sought to limit their liability by offering settlements for class actions. It also has addressed the question of whether individuals can be held liable for asbestos related injury.
The Fourth Case
Asbestos, a substance that is extremely hazardous has killed and sickened hundreds of thousands over the years. Asbestos was also widely used by manufacturers who knew it was dangerous yet continued to use it.
As the legal system tackles asbestos lawsuits new developments are taking place all the time. One of the most significant legal developments is a ruling called Lubbe v. Cape Plc, which set a precedent that allows victims to sue multinational corporations in their home jurisdictions to recover compensation.
Often, these cases are accompanied by secondary exposure to asbestos. Workers who work with asbestos work may pass it on to their family members or spouses. The family members are affected by mesothelioma as well as other asbestos-related diseases.
There are many lawsuits filed today by the families of victims based on this type of case. Asbestos attorneys can help families bring a claim against the responsible parties for the asbestos injuries of their loved family members.
The rise of class action lawsuits is another major development in asbestos litigation. These asbestos lawsuits give victims the opportunity to pursue justice with the assistance of an attorney well-versed in the complicated legal issues that these cases raise.
Certain asbestos lawyers are against this type of litigation. There have been numerous attempts at passing legislation to limit the use of class actions in asbestos lawsuits.
The most recent major advancement in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies regarding how they handled asbestos removal and disposal. The lawsuit alleged that the companies had violated the law of the state by not disposing of asbestos properly and failing to protect residents from harmful dust.
Asbestos litigation has been ongoing for a long time and it's likely that it will continue to be throughout the years to come. The asbestos industry has tried to avoid responsibility by making legal arguments that are technical and by trying to get legislative remedies passed which would stop victims from seeking justice. However, it appears that many victims and their lawyers are determined to see justice served.