Asbestos Lawsuit History
Many asbestos victims have received assistance from lawyers such as Stanley Levy. People suffering from asbestos-related illnesses such as mesothelioma can sue companies that mined asbestos, made or used asbestos.
The first asbestos lawsuit was filed by Nellie Kershaw. She developed health issues while working in an asbestos fiber manufacturing plant in England. She died at age 33 from fibrosis of the lung caused by asbestos exposure.
The First Cases
Asbestos, a hazardous mineral, has afflicted and killed thousands of people over the years. Asbestos claims are filed for many reasons, but most often involve those who have been exposed to asbestos in their work. This can include workers at factories that produced asbestos-related products, people who worked in the construction of buildings with asbestos, or who were exposed to asbestos from household products contaminated with asbestos like talcum powder.
Exposure to asbestos can trigger a variety of illnesses that include mesothelioma, lung cancer and other respiratory problems. Many people have been awarded compensation for their injuries even though some of these diseases can be fatal. This is because many countries have laws that require companies who create dangerous substances to inform those who may be injured by them.
The first asbestos lawsuit was filed in 1929. It was filed by a woman whose name was Anna Pirskowski. She was suffering from shortness of breathe and thickening of the tissue around the fingertip (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 that followed there were a lot of asbestos lawsuits were filed. Asbestos litigation became a very large area of law, and many lawyers began to specialize in asbestos litigation. They only took on cases that were important. One firm that did this was Kazan Law, which in the latter half of the 1980s began to concentrate on the bringing of cases on behalf of people with mesothelioma.
Other lawsuits were won by people who suffered from other asbestos-related diseases like asbestosis or pleural plaques. This is due to the fact that the disease that caused these was very like mesothelioma making it easier for lawyers to prove. These allegations led to the public disclosure of secret documents which showed the ways asbestos product manufacturers attempted to hide their risks. This led to the Asbestos Ban and Phase Out Rule being announced in 1989.
The Second Cases
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 patients also filed claims against companies that designed and constructed the buildings that they worked in, including shipyards, power plants and refineries. The connection between asbestos exposure and mesothelioma's development is strong.
In 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 process. A federal court, for instance, ruled that only those suffering from asbestos-related malignancies such as mesothelioma and lung cancer could bring a lawsuit against the makers of asbestos products. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.
At around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is thought to be the first well-known legal claim against asbestos companies. Kershaw, who had been diagnosed with lung problems due to her close contact with raw asbestos fibers, tried to convince the company she worked for to cover her treatment. The company was unable to pay. Kershaw passed away at 33 years old from lung fibrosis.
The second round of asbestos lawsuits focused on those who were exposed to various types asbestos-containing building products, like fireproofing sprays and drywall products. Asbestos lawyers also brought successful cases against companies who produced equipment that contained asbestos-containing materials, such as boilers and pumps.
During this period, a variety of incriminating documents were discovered that demonstrated asbestos companies' involvement in fraud and conspiracy. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos manufacturer, Raybestos Manhattan. These documents revealed a plot between these companies to conceal the dangers of asbestos and to thwart efforts to warn the public.
The discovery of these, and other forms of corporate fraud and collusion in the early and mid-1980s led to a flurry of class action settlements and other attempts to limit asbestos liability for asbestos companies. These attempts were met with fierce resistance from plaintiffs' attorneys and their clients, as well as the public at large.
The Third Case
In the 1970s, asbestos firms had lost the ability to keep information about the devastating effects of mesothelioma and other asbestos-related illnesses from the public. This was largely due to the fact that the link between asbestos and ailments 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 asbestos-related serious illness were well established and the victims began filing lawsuits against asbestos manufacturers.
One of the major push factors that led to increased asbestos lawsuits in the 1970s was a ruling by the courts which allowed plaintiffs to apply the legal concept of strict liability. Plaintiffs in asbestos cases would be required 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 responsible for any injuries their products caused asbestos lawsuits if the company knew that their product was dangerous and failed to warn its employees or the public about its dangers.
After this ruling, many asbestos producers were forced to file for bankruptcy. This process allows a company, even if still in operation, to reorganize itself in bankruptcy court and put funds into trusts to pay asbestos claimants. Johns-Manville is an example. It was a victim of numerous lawsuits brought by former workers who suffered from asbestosis, mesothelioma and lung cancer. Kazan Law set several cases against the manufacturer and was able to obtain punitive damages verdicts against the company.
Since the time, asbestos litigation has continued to grow as a result of the growing number of people suffering from asbestos-related illnesses. Asbestos cases can be complicated because the diseases they cause can take decades to manifest and aren't always evident to those who have been diagnosed.
Some victims have been waiting for years to receive reimbursement from insurance companies, even after their employers were found responsible. The US Supreme Court has addressed various cases where asbestos companies sought to limit their liability by offering class action settlements. The court has also addressed the question of whether individual defendants could be held liable for asbestos related injury.
The Fourth Case
Asbestos is a very dangerous mineral that has caused the death or sickness of hundreds of thousands of people over the many years. It's also a product that was used extensively by companies who knew that it was dangerous and they continued to make use of it in their manufacturing processes.
As the legal system tackles asbestos lawsuits, new developments are taking place all the time. One of the most important legal developments is a case called Lubbe v Cape Plc, which set the precedent for victims to sue multinational companies in their home jurisdictions to recover compensation.
These cases often result in secondary exposure to asbestos. This occurs when employees who work with asbestos while on the job transfer it to their spouses or children at home. The family members then suffer from mesothelioma, or other asbestos-related illnesses.
This type of case is the basis for many lawsuits brought by the families of victims of asbestos today. Asbestos lawyers can help families bring a case against the companies that caused the asbestos injuries of their loved family members.
Another major development in asbestos litigation has been the rise of class action lawsuits. These asbestos lawsuits permit victims to seek justice with the assistance of a lawyer who is familiar with the complex legal issues that these cases raise.
Some asbestos attorneys are opposed to this type of litigation. In fact there have been numerous attempts to pass legislation restricting the use of asbestos class actions.
The most recent major advancement in asbestos litigation was the filing of a suit by Massachusetts residents against four companies regarding how they handled asbestos abatement and disposal. The lawsuit claimed that the companies violated the law of the state by not disposing of asbestos properly and failing to protect residents from harmful dust.
Asbestos litigation is a long-standing issue that will likely continue for a long time. The asbestos industry has tried to avoid responsibility by making legal arguments that are technical and by trying to pass legislative solutions that would block victims from seeking justice. However, it seems that many victims and their lawyers are determined to see justice done.