10 Inspirational Images Of Asbestos Lawsuit History

Asbestos Lawsuit History

Many asbestos victims have received assistance from lawyers such as Stanley Levy. Patients suffering from mesothelioma or other asbestos-related diseases can sue companies that produced, mined, or used asbestos and asbestos-containing products.

Nashua asbestos attorneys  was filed by Nellie Kershaw. She suffered health issues while working in an asbestos fiber manufacturing plant in England. She passed away at 33 due to fibrosis that had developed in her lungs, which was caused by asbestos exposure.

The First Cases

Asbestos, a hazardous mineral, has afflicted and killed thousands throughout the years. Asbestos claims are filed for a variety reasons, but most often involve those who have been exposed to asbestos while at work. This could include workers in factories that made asbestos-related products as well as those who worked in the construction of buildings containing asbestos and even those who were exposed to secondhand asbestos from contaminated household products like talcum powder.

Those who were exposed to asbestos can be afflicted with a variety of illnesses like mesothelioma, lung cancer, and other respiratory diseases. Many people have been awarded compensation for their injuries even though some these diseases can be fatal. This is largely because most countries have laws that require companies that create dangerous substances to warn people who might be injured by them.

The first asbestos lawsuit, filed in 1929, was filed by a woman with the name of Anna Pirskowski. She was suffering from a range of ailments, including shortness of breath and thickening of the fingertip tissue, which is also known as clubbing. She received a settlement worth $75,000 in what is believed to be a first class action lawsuit that involved asbestos.

In the years that followed, more and more asbestos lawsuits were filed. Some of the cases grew quite large, and a lot of attorneys started to specialize in asbestos litigation. This meant that they only took on the most serious cases. One company that took on this was Kazan Law, which in the late 1980s started to concentrate on the bringing of cases on behalf of people who had mesothelioma.

Other lawsuits have been won by individuals who suffered from asbestos-related ailments like asbestosis and plaques in the pleural cavity. This is because the condition that caused these was like mesothelioma making it simpler for lawyers to prove. These claims also led to the disclosure of secret documents that revealed how asbestos-related manufacturers tried to conceal the risks. In 1989 the Asbestos Ban & Phase Out Rule was enacted.

The Second Cases

As the number of people diagnosed with asbestos-related diseases grew, patients and their families began to file lawsuits against companies that mined, manufactured or sold asbestos-containing products. Mesothelioma victims also filed claims against the companies that designed and constructed the structures where they worked such as power plants, shipyards and refineries. The connection between asbestos exposure and mesothelioma development is solid.

In the early 1980s the legal litigation over asbestos lawsuits started to intensify and courts ruled on many aspects of the litigation procedure. For example a federal court decided that only individuals suffering from a malignant asbestos-caused illness such as mesothelioma, or lung cancer are eligible to bring a lawsuit against the manufacturers of the asbestos products they used. This ruling, also referred to as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.

Around 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, who had been diagnosed with lung issues caused by her close contact with asbestos fibers, tried to get the company she worked for to cover her treatment. But, the company was unable to agree. Kershaw died at 33 years old of fibrosis of her lungs.

The second wave of asbestos-related cases focused on those who worked in construction sites and were exposed to different kinds of asbestos-containing building materials such as fireproofing sprays, drywall products and textures. Asbestos lawyers also filed successful cases against companies that produced equipment that contained asbestos-containing material, such as boilers and pumps.

During this time, a variety of 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 and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed a plot between these companies to conceal asbestos' dangers and deflect efforts to educate the public.

The discovery of these and other forms of corporate fraud and collusion in the early to mid-1980s sparked a wave of class action settlements as well as other efforts to limit asbestos liability for asbestos-related companies. These attempts were met with fierce resistance from plaintiffs’ attorneys as well as their clients and the public.

The Third Cases

By the 1970s, asbestos firms had lost the ability to keep information about the deadly effects of mesothelioma as well as other asbestos-related illnesses from the public. This was due in large part to the fact major national publications began to pay attention to the link between mesothelioma, asbestos and other respiratory illnesses, as opposed to small industry medical journals and newsletters. When the links between asbestos and serious illness were well established and the victims began filing lawsuits against asbestos-related companies.

One of the major driving factors that led to increased asbestos lawsuits in the 1970s was a court ruling that allowed plaintiffs to use the legal concept of strict liability. Previously, plaintiffs in asbestos cases had to prove that asbestos manufacturers were negligent in causing their exposure to asbestos. However in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were accountable for any injuries they caused when the company knew their product was hazardous and failed to warn its employees or the general public about the dangers.

In the wake of this ruling, a number of asbestos-related companies filed for bankruptcy, a process which allows a company to reorganize itself in bankruptcy court, set money in trusts to pay asbestos claims and still be in operation. Johns-Manville was a particularly notable case, since it was slammed with a variety of lawsuits from former workers who suffered from asbestosis, lung cancer and mesothelioma. Kazan Law set several cases against the manufacturer, and was able to obtain punitive damages verdicts against the company.

Asbestos litigation has increased since then because of the increasing number of asbestos-related illnesses. Asbestos lawsuits are often complicated, as the illnesses that they cause can take a long time to manifest themselves and are not always immediately apparent to those who are diagnosed.

Some victims have been waiting for years to receive settlements from insurance companies even after their employers were found liable. The US Supreme Court has addressed a number of cases where asbestos companies attempted to limit their liability by offering settlements in class action. It also has addressed the question of whether individual defendants can be held liable for injuries caused by asbestos.

The Fourth Cases

Asbestos is an incredibly dangerous mineral, which has sickened or killed hundreds of thousands of people over the years. It's also a product that was used extensively by companies that knew it was dangerous, and yet they continued to employ it in their manufacturing processes.

As the legal system handles these asbestos lawsuits new developments are taking place constantly. One of the most significant legal developments is the ruling Lubbe v. Cape Plc. This set an example for asbestos victims to sue multi-national companies in their home countries for compensation.

Often, these cases involve secondary exposure to asbestos. Workers who handle asbestos at work may pass it on to their family members or spouses. The family members suffer from mesothelioma and other asbestos-related diseases.

This kind of case is the basis of many lawsuits brought by the families of victims of asbestos today. Asbestos lawyers can assist families file a claim against companies responsible for the asbestos injuries of their loved family members.

The emergence of class-action lawsuits is another major development in asbestos litigation. These asbestos lawsuits permit victims to seek justice with the assistance of a lawyer who is familiar with the complex legal issues these cases present.

Certain 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 development in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies regarding how they handled asbestos abatement and disposal. The lawsuit claimed that the companies had violated state law by not properly disposing of asbestos and failing to protect 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 liability through technical legal arguments and by trying to pass legislative remedies that would stop victims from seeking justice. But, it appears that many victims and their attorneys are determined to see justice served.