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Asbestos Lawsuit History Many asbestos victims have received assistance from lawyers like Stanley Levy. Patients suffering from mesothelioma and asbestos-related diseases can sue companies that mined, manufactured, or used asbestos and asbestos-containing products. The first asbestos lawsuit was filed by Nellie Kershaw. She worked at a factory that spun asbestos fibers in England and was diagnosed with health issues. 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 can be filed for various reasons, but they usually involve people who were exposed to asbestos at work. This includes workers at factories that made asbestos-related items as well as those who worked on the construction of structures with asbestos, or who were exposed to asbestos secondhand from household products that were contaminated, such as talcum powder. Those who were exposed to asbestos can develop a variety of illnesses, including mesothelioma and lung cancer and other respiratory diseases. Many have received compensation for their injuries even though some of these diseases are fatal. The majority of countries have laws that require companies that produce dangerous substances to inform anyone who might be injured. The first asbestos lawsuit, filed in 1929, was filed by a woman with the name of Anna Pirskowski. She was suffering from shortness of breathe and a thickening of the tissue around the fingertip (known as clubbing). She received a settlement worth $75,000 in what is believed to be the first-ever class action lawsuit involving asbestos. Asbest lawsuits continued to be filed in the years following. Some of the cases became quite large, and a lot of attorneys began to specialize in asbestos litigation. They only accepted cases that were extremely important. One firm that did this was Kazan Law, which in the late 1980s started to focus on bringing cases on behalf of mesothelioma patients. Other lawsuits were won by those who had suffered from other asbestos-related diseases such as asbestosis or plaques in the pleural cavity. This is because the condition that caused these was like mesothelioma making it more straightforward for lawyers to prove. These claims also led to the disclosure of secret documents that showed how manufacturers of asbestos products tried to conceal the risks. In 1989 the Asbestos Ban & Phase Out Rule was enacted. The Second Case As the number diagnosed with asbestos-related diseases grew, victims and families began to file lawsuits. These lawsuits were brought against companies that mined asbestos, manufactured asbestos-containing products or sold products containing asbestos. Mesothelioma victims also filed claims against companies who designed and constructed the buildings where they worked including power plants, shipyards and refineries. The connection between asbestos exposure and mesothelioma development is solid. In the early 1980s, legal battles over asbestos lawsuits became more ferocious, and courts began to rule on a variety of aspects of case processes. For instance, a federal court ruled that only individuals suffering from a malignant asbestos-caused illness such as mesothelioma, or lung cancer are able to file a lawsuit against the manufacturers of asbestos-related products they used. Spokane asbestos lawyers , dubbed Borel v. Fibreboard Paper Products Corp. is an important setback for asbestos plaintiffs. 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-related companies. Kershaw was a factory worker from Rochdale in England, was diagnosed with lung issues due to her exposure to asbestos fibers. She attempted to convince her employer to cover the cost of treatment. The company refused. Kershaw passed away at 33 years old of lung fibrosis. The second wave of asbestos cases focused on those who worked in construction sites and were exposed to various types of asbestos-containing building materials, including fireproofing sprays, drywall products and textures. Asbestos lawyers also prevailed in cases against companies that made the equipment that made use of asbestos-containing products, such as boilers and pumps. During this period, a variety of incriminating documents were discovered that proved asbestos companies have been involved in conspiracy and fraud. The documents include the personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents uncovered the conspiracy of these companies to conceal the fact that asbestos was dangerous and to thwart efforts to inform the public of these dangers. The discovery of these, and other forms of corporate fraud and collusion in the early to mid-1980s led to a flurry of class action settlements as well as 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. The Third Cases By the 1970s, asbestos-related companies had lost the ability to hide information on the fatal effects of mesothelioma as well as other asbestos-related diseases from the general public. This was due in large part to the fact that the connection between asbestos and ailments like mesothelioma, asbestosis, and other respiratory problems started receiving attention from major national publications instead of just small medical journals or newsletters for industry. Once the links between asbestos and serious illnesses were established and patients began filing lawsuits against asbestos manufacturers. One of the major factors that pushed more asbestos lawsuits in 1970s was a court ruling that allowed plaintiffs to utilize the legal concept of strict liability. Plaintiffs in asbestos cases used to be required 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 liable for any injuries they caused in the event that the company knew their product was dangerous and did not warn its employees or the general public about its dangers. After the ruling, a number of asbestos producers have filed for bankruptcy. This process allows a business, while still operating, to reorganize itself in bankruptcy court and put funds into trusts to pay asbestos claimants. Johns-Manville was an especially noteworthy case because it was slammed with a variety of lawsuits filed by former factory workers suffering from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer and was able to obtain punitive damages against it. Asbestos litigation has grown since then due to the rising number of asbestos-related diseases. Asbestos cases can be complicated, as the illnesses they cause can take decades to manifest and are not always evident to those who have been diagnosed. Additionally, some victims have been forced to wait for years to receive compensation from insurance companies after their employers were found to be accountable. The US Supreme Court has addressed various cases where asbestos companies attempted to limit their liability by offering settlements for class actions. The court has also discussed whether individual defendants can be held liable for injuries resulting from asbestos. The Fourth Case Asbestos, a mineral that is extremely harmful, has sickened and killed hundreds of thousands of people over the decades. It's also a product that was used extensively by companies who knew it was dangerous but continued to employ it in their manufacturing processes. As the legal system deals asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most important legal developments is the decision Lubbe v. Cape Plc. This set an example for asbestos victims to sue multinational companies in their home countries for compensation. These cases typically result in secondary exposure to asbestos. This occurs when employees who handle asbestos on the job transfer it to their spouses or children living at home. Family members suffer from mesothelioma and other asbestos-related illnesses. This type of case is the basis of many lawsuits filed by families of victims today. Asbestos lawyers can help families bring a case against the responsible parties for the asbestos-related injuries suffered by their loved ones. The rise of class action lawsuits is another major development in asbestos litigation. These asbestos lawsuits provide victims the chance to seek justice through the help of an attorney who is well-versed in the complicated legal issues these cases bring up. While many asbestos attorneys have pushed for this kind of litigation, there are also certain people who do not support it. In fact, there have been several attempts to pass legislation restricting the use of asbestos-related class actions. The latest major change in asbestos litigation is the filing of a lawsuit by Massachusetts residents against 4 companies for how they handled asbestos removal and disposal. The lawsuit alleged that the companies violated the law of the state by not disposing of asbestos properly and failing to safeguard residents from harmful dust. Asbestos litigation is a long-running problem that will likely persist for a number of decades to come. The asbestos industry has tried to avoid responsibility through legal arguments based on technicalities and also by attempting to pass legislative remedies that would prevent victims from seeking justice. It seems that many victims, as well as their lawyers are determined to get justice acted upon.