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Asbestos Lawsuit History Lawyers such as Stanley Levy have helped many asbestos victims. People with mesothelioma and other asbestos-related diseases can sue companies that produced, mined or used asbestos and asbestos-containing products. Nellie Kershaw filed the first asbestos lawsuit. She was diagnosed with health issues while working in an asbestos fiber factory in England. She passed away at the age of 33 of fibrosis of the lung due to asbestos exposure. The First Cases Asbestos, a hazardous mineral, has sickened and killed thousands over the years. Asbestos claims are filed for a variety reasons, but they usually involve people who have been exposed to asbestos while at work. This includes workers at factories that made asbestos-related products, people who worked on the construction of buildings containing asbestos and even those who were exposed to asbestos secondhand from household products that were contaminated, like talcum powder. People who were exposed to asbestos could develop a number of different 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. This is due to the fact that most 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 involved a woman named Anna Pirskowski. She was suffering from shortness of breath and a thickening of the fingertip tissue (known as clubbing). She received a settlement amounting to $75,000 in what is believed to be the first class action lawsuit that involved asbestos. In the years following there were a lot of asbestos lawsuits were filed. Some of the cases grew extremely large, and a number of attorneys began to specialise in asbestos litigation. They only would take on cases that were very important. One company that took on 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 have been won by those who suffered from asbestos-related diseases, such as asbestosis and pleural plaques. The disease that caused them was similar to the mesothelioma, which makes it simpler to prove for lawyers. These claims also led to the disclosure of secret documents that demonstrated how manufacturers of asbestos products attempted to conceal the dangers. In 1989 the Asbestos Ban & Phase Out Rule was enacted. The Second Cases As the number of people suffering from asbestos-related diseases grew, patients and their families began bringing lawsuits against companies that mined, made or sold asbestos-containing products. Additionally, mesothelioma patients filed claims against the companies that designed and built the structures where they worked like power plants, shipyards, refineries and factories. The connection between asbestos exposure and mesothelioma growth is very strong. In the early 1980s the legal litigation over asbestos lawsuits started to get more intense and the courts ruled on many aspects of the procedure. For instance a federal court decided that only people suffering from a malignant asbestos-caused disease like mesothelioma or lung cancer are able to file lawsuits against the producers of asbestos-related products they employed. This ruling, dubbed Borel v. Fibreboard Paper Products Corp., was a major setback to asbestos plaintiffs. At the same time, Nellie Kershaw from Rochdale in England was the first to file what is now seen as the first well-known lawsuit against asbestos companies. Kershaw, who had been diagnosed with lung problems due to her close contact with raw asbestos fibers, tried to get the company she worked for to pay for her treatments. But, the company was unable to agree. Kershaw passed away at 33 years old from lung fibrosis. The second round of asbestos cases centered on workers who worked at construction sites and were exposed types of asbestos-containing building products, including fireproofing sprays, drywall materials and textures. Asbestos attorneys also brought successful cases against companies that produced equipment that contained asbestos-containing materials, such as pumps and boilers. During this time, a variety of documents pertaining to asbestos companies were uncovered. These documents proved their involvement in fraud and conspiracies. This included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos manufacturer, Raybestos Manhattan. These documents revealed a conspiracy between these companies to hide 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 mid- to late 1980s sparked a wave of class action settlements as well as other attempts at limiting asbestos liability for asbestos-related companies. These attempts were met with strong opposition from plaintiffs' attorneys, their clients and the general public. The Third Case By the 1970s, asbestos firms 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 to the fact that the link between asbestos and diseases like asbestosis, mesothelioma and other respiratory ailments began receiving attention from major national publications instead of just small industry newsletters or medical journals. When the link between asbestos and serious illness was well established, victims started filing lawsuits against asbestos producers. One of the main factors that pushed an increase in 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 used to have to prove that asbestos manufacturers were negligent in exposing them. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries resulting from their products if they knew their product was dangerous but did not warn their employees or the general public about its dangers. After the ruling, a number of asbestos producers were forced to file for bankruptcy. This process allows a business, while still in operation, to reorganize its affairs in bankruptcy court and to put money in trusts to pay asbestos claimants. Johns-Manville is a notable case, since it was slammed with a variety of lawsuits from former factory workers who were suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law brought several cases against the manufacturer, and was able to win punitive damages verdicts against it. Asbestos lawsuits have increased since then due to the growing number of asbestos-related illnesses. Asbestos lawsuits are often complicated, as the illnesses they cause can take decades to manifest and aren't always obvious to those diagnosed. Some victims have also been forced to wait for years for compensation from insurance companies even after their employers were found to be responsible. The US Supreme Court has dealt with several cases involving class action settlements that asbestos companies offered in an attempt to limit their liability, and it has also considered the issue of whether it is possible to hold individual defendants liable for injuries caused by asbestos. The Fourth Cases Asbestos is a highly hazardous mineral that has caused the death or sickness of hundreds of thousands of people over the years. Asbestos was also extensively used by manufacturers who knew it was dangerous yet continued to use it. As the legal system tackles these asbestos lawsuits, new developments are taking place every day. One of the most significant legal developments is the ruling Lubbe v. Cape Plc. Frisco asbestos lawyers set an example for asbestos victims to sue multinational companies in their home countries to recover compensation. These situations usually involve secondary exposure to asbestos. Workers who handle asbestos at work may transfer it to their families or spouses. The family members suffer from mesothelioma and other asbestos-related illnesses. There are many lawsuits filed today by the families of victims based on this type of situation. Asbestos lawyers can assist families file a lawsuit against the company that is responsible for their loved ones' asbestos-related injuries. The rise of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits permit victims to seek justice with the help of a lawyer well-versed in the legal issues that these cases raise. Certain asbestos attorneys are opposed to this type of litigation. There have been numerous initiatives to pass legislation that limit the use of class actions in asbestos lawsuits. The most recent major advancement in asbestos litigation is the filing of a lawsuit by Massachusetts residents against 4 companies for handling asbestos removal and disposal. The lawsuit claimed that the companies in violation of state law by not disposing asbestos properly and failing residents from the 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 attempted to avoid responsibility by making legal arguments that are technical and by attempting to pass legislative remedies that would block victims from seeking justice. However, it seems that many victims and attorneys are determined to see justice done.