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Asbestos Lawsuit History Lawyers like Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma and asbestos-related diseases can sue companies who produced, mined, or used asbestos and asbestos-containing products. The first asbestos lawsuit was filed by Nellie Kershaw. She suffered health issues while working in an asbestos fiber manufacturing plant in England. She died at the age of 33 due to fibrosis in her lungs, which was caused by asbestos exposure. The First Cases Asbestos, a hazardous mineral, has infected and killed thousands of people over the years. Asbestos claims are filed for many reasons, but most often involve those who were exposed to asbestos in their work. This could include workers in factories that made asbestos-related items, people who worked on the construction of buildings that contain asbestos, and even those who were exposed to asbestos from household products that were contaminated, such as talcum powder. Anyone who was exposed to asbestos could develop a number of different diseases including mesothelioma, lung cancer, and other respiratory ailments. Although some of these diseases are extremely serious and could be fatal, a lot of people have been able to receive compensation for their injuries. Most countries have laws requiring manufacturers of dangerous substances to warn anyone who may be injured. The first asbestos lawsuit that was filed in 1929 was filed by a woman with the name of Anna Pirskowski. She was suffering from a number of symptoms, including shortness of breath and the thickening of the fingertip tissue, also known as clubbing. She was awarded an amount of $75,000 as a settlement 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 very broad area of law and many lawyers started to specialize in asbestos litigation. This meant that they only dealt with the most serious cases. Kazan Law was one firm that was focusing on this in the late 80s. Other lawsuits were won by individuals who had been diagnosed with other asbestos-related diseases like asbestosis or plaques in the pleural cavity. This is because the disease that caused these was similar to mesothelioma, making it simpler for lawyers to prove. These claims also led to the revelation of secret documents that revealed how manufacturers of asbestos products tried to hide the dangers. 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 bringing lawsuits against companies that mined, produced or sold asbestos-containing products. Mesothelioma patients also filed claims against the companies that designed and constructed the buildings where they worked such as shipyards, power plants and refineries. The connection between asbestos exposure and mesothelioma development is very strong. In the early 1980s the legal battles over asbestos lawsuits became more ferocious, and courts began to rule on various aspects of the case process. A federal court, for instance determined that only people suffering from asbestos-related malignancies like mesothelioma or lung cancer could take on asbestos manufacturers. products. 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 was the first to file what is now seen as the first well-known lawsuit filed against asbestos-related companies. Kershaw was an employee in a factory in Rochdale in England, was diagnosed with lung problems caused by her close exposure to asbestos fibers. She tried to get her employer to cover the cost of treatment. But, the company was unable to agree. Kershaw died in her 30s from fibrosis. 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 brought successful cases against companies that produced equipment that contained asbestos-containing material, 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 uncovered the conspiracy of these companies to hide the fact that asbestos was dangerous and to suppress efforts to inform the public about these dangers. The discovery of these and other types of corporate fraud and collusion in the mid- to late 1980s led to a flurry of class action settlements and other attempts at limiting asbestos liability for asbestos-related companies. These efforts were met with massive opposition from plaintiffs' attorneys and their clients as well as the public. Laredo asbestos attorney In the 1970s, asbestos-related companies were no longer able cover up the dangers of asbestos-related diseases such as mesothelioma from the public. This was due to the fact that the connection between asbestos and ailments such as mesothelioma, asbestosis and other respiratory problems started receiving attention from major national publications instead of just small medical journals or industry newsletters. As soon as the link between asbestos and serious illnesses was well-established, victims started filing lawsuits against asbestos manufacturers. One of the major driving factors that led to increased asbestos lawsuits in the 1970s was a court ruling that allowed plaintiffs to utilize the legal theory of strict liability. Plaintiffs in asbestos cases used to need to prove that asbestos manufacturers 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 when the company knew their product was dangerous and failed to warn its 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 money in trusts to pay asbestos claimants. Johns-Manville was an especially noteworthy case because it was hit with numerous lawsuits from former workers who suffered from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer, and was able to get punitive damages verdicts against it. Asbestos lawsuits have increased in the past few years due to the growing number of asbestos-related illnesses. Asbestos lawsuits are often complicated, as the illnesses that they cause can take a long time to manifest and are not always immediately evident to those who have been diagnosed. Some victims have also had to wait years for compensation from insurance companies, even after their employers were found to be responsible. The US Supreme Court has addressed various cases where asbestos companies sought to limit their liability by offering settlements for class actions. The court has also considered whether individual defendants could be held liable for injuries caused by asbestos. The Fourth Cases Asbestos is a very dangerous mineral, which has killed or sickened hundreds of thousands of people over the years. Asbestos was also extensively used by manufacturers who knew it was a risk, but continued to use it. As the legal system handles asbestos lawsuits, there are always new developments. 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 for compensation. These cases typically involve secondary exposure to asbestos. Workers who handle asbestos at work may pass it on to their family members or spouses. Family members are affected by mesothelioma as well as other asbestos-related illnesses. This type of situation is the basis for a variety of lawsuits filed by relatives of victims today. Asbestos lawyers can help families bring a case against the responsible parties for the asbestos injuries of their loved family members. Another big change in asbestos litigation is the rise of class action lawsuits. These asbestos lawsuits allow victims to pursue justice with the help of a lawyer familiar with the complex legal issues these cases raise. While many asbestos attorneys have pushed for this kind of lawsuit, there are some who oppose it. There have been several attempts to pass legislation to restrict the use of class actions in asbestos lawsuits. The most recent major development in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies concerning how they handled asbestos removal and disposal. The lawsuit alleged that the companies had violated state law by not properly disposing of asbestos and failing to safeguard 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 accountability by making legal arguments that are technical and by attempting to get legislative remedies passed that would block victims from seeking justice. However, it appears that many victims and their attorneys are determined to see justice done.