It's A Asbestos Lawsuit History Success Story You'll Never Believe
Asbestos Lawsuit History
Many asbestos victims have received assistance from lawyers like Stanley Levy. Patients suffering from mesothelioma or other asbestos-related diseases can sue companies who produced, mined or used asbestos or asbestos-containing products.
Nellie Kershaw filed her first asbestos lawsuit. She worked in a factory that made asbestos fibers in England and developed health problems. She passed away at the age of 33 of fibrosis in the lung caused by asbestos exposure.
The First Cases
Asbestos, a dangerous mineral, has infected and killed thousands throughout the years. Asbestos claims are filed for a variety of reasons, but the majority involve people who have been exposed to asbestos while at work. This can include workers at factories that made asbestos-related items as well as those who worked on the construction of structures containing asbestos and even those who were exposed to asbestos from contaminated household products such as talcum powder.
Exposure to asbestos can lead to a variety of illnesses that include lung cancer, mesothelioma and other respiratory ailments. Many people have been compensated for their injuries even though some of these diseases are fatal. This is because many countries have laws that require companies who create dangerous substances to inform people who might be injured by them.
The first asbestos lawsuit, filed in 1929, included a woman by the name of Anna Pirskowski. Flower Mound asbestos attorney was suffering from shortness of breathe and thickening in the fingertip tissue (known as clubbing). She was awarded a settlement of $75,000 that is believed to be the first class action lawsuit in relation to asbestos.
Asbest lawsuits continued to be filed in the years that followed. Asbestos litigation became a vast area of law and many attorneys started to specialize in asbestos litigation. This meant that they only 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 the bringing of cases on behalf of mesothelioma patients.
Other lawsuits have been won by people who suffered from asbestos-related ailments, such as asbestosis and plaques in the pleural region. The disease that caused them was like mesothelioma making it easier to prove for lawyers. These claims led to the disclosure of secret documents that revealed how asbestos manufacturers tried to hide their risks. This led to the Asbestos Ban and Phase Out Rule being announced in 1989.
The Second Case
As the number of people suffering from asbestos-related diseases increased, victims and their families began to file lawsuits against companies that mined, produced or sold asbestos-containing products. Mesothelioma victims also filed claims against companies that designed and constructed the buildings that they worked in including shipyards, power plants, and refineries. The link between asbestos exposure and mesothelioma development is strong.
By the early 1980s, the legal dispute over asbestos lawsuits began to escalate and the courts made rulings on a variety of aspects of the process. For instance a federal court ruled that only those suffering from malignant asbestos-related illness such as mesothelioma, or lung cancer are able to file a lawsuit against the manufacturers of asbestos-related products they used. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.
Around the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first well-known lawsuit against asbestos-related companies. Kershaw, who had been diagnosed with lung issues due to her frequent contact with raw asbestos fibers, attempted to get the firm she worked for to cover her treatment. However, the company refused. Kershaw died in her 30s of 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 products such as fireproofing sprays, textures and drywall products. Asbestos lawyers also filed successful cases against companies who made equipment that utilized asbestos-containing materials, such as boilers and pumps.
During this period, numerous documents pertaining to asbestos companies were discovered. These documents showed 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 a plot between these companies to hide the dangers of asbestos and suppress efforts to warn the public.
In the mid-1980s to early-1990s in the 1980s, when these and other forms corporate fraud and conspiracy were discovered In the early to mid-1980s, a wave of class actions settlements was launched, along with other attempts made to reduce asbestos liability by asbestos companies. These attempts were met by massive opposition from plaintiffs' attorneys and their clients as well as the general public.
The Third Cases
By the 1970s, asbestos companies had lost the ability to conceal information about the deadly effects of mesothelioma as well as other asbestos-related diseases from the general public. This was due in large part to the fact major national publications began paying attention to the link between mesothelioma, asbestos, and other respiratory diseases, rather than small industry medical journals and newsletters. Once the links between asbestos and serious illnesses were established, victims began filing lawsuits against asbestos-related companies.
One of the main driving factors that led to more asbestos lawsuits in 1970s was a court decision that allowed plaintiffs to utilize the legal theory of strict liability. Plaintiffs in asbestos cases used to have to prove that asbestos manufacturers were negligent in exposing them to. However in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were accountable for any injuries caused by their products in the event that the company knew their product was hazardous and failed to warn its employees or the public about the dangers.
Following this ruling, a lot of asbestos producers were forced to file for bankruptcy. This allows a business, while still in operation, to reorganize itself in bankruptcy court and to put money into trusts to pay asbestos claimants. Johns-Manville is a notable case, since it was hit with numerous lawsuits filed by former workers who suffered from asbestosis, lung cancer, and mesothelioma. Kazan Law set several cases against the manufacturer and was able obtain punitive damages verdicts against the company.
Asbestos lawsuits have 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 apparent to those diagnosed.
Some victims have also been waiting for years to receive compensation from insurance companies even after their employers were found to be responsible. The US Supreme Court has addressed a number of cases where asbestos companies sought to limit their liability by offering settlements in class action. It has also addressed the question of whether individuals can be held accountable for asbestos related injury.
The Fourth Cases
Asbestos is a highly dangerous mineral, which has killed or sickened hundreds of thousands of people over the decades. Asbestos was also widely used by companies who knew it was dangerous yet continued to make use of it.
The legal system is able to handle these asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most significant legal developments is a ruling known as Lubbe v Cape Plc, which set the precedent for victims to sue multinational companies in their home jurisdictions to recover compensation.
These cases often involve secondary asbestos exposure. Workers who work with asbestos work may pass it on to their families or spouses. Family members suffer from mesothelioma and other asbestos-related diseases.
This kind of case is the basis for a variety of lawsuits brought by the families of victims today. Asbestos lawyers can assist families file a claim against the company that is responsible for their loved ones' asbestos-related injuries.
The emergence of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits provide victims the chance to seek justice through the assistance of an attorney who is well-versed in the legal issues these cases bring up.
While a lot of asbestos lawyers have pushed for this type of litigation, there are those who are against it. There have been several attempts to pass legislation to limit the use of class actions in asbestos lawsuits.
The most recent significant development in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies over the way they handled asbestos abatement and disposal. The lawsuit alleged that the companies had violated state law by not disposing of asbestos properly and failing to safeguard residents from the harmful 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 responsibility by bringing up technical legal arguments and by trying to pass legislative solutions that would prevent the victims from seeking justice. But, it appears that many victims and their lawyers are determined to see justice served.