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Asbestos Lawsuit History Lawyers such as Stanley Levy have helped many asbestos victims. People with asbestos-related diseases like mesothelioma are able to sue companies that mined, manufactured or used asbestos. Nellie Kershaw filed her first asbestos lawsuit. She was diagnosed with 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. It was caused by exposure to asbestos. The First Cases Asbestos is a dangerous mineral that has afflicted or killed thousands of people over the course of time. Asbestos claims can be filed for many reasons, but they typically involve those who were exposed to the substance at work. This includes those who worked in factories that produced asbestos-related products or at the construction site of buildings that contain asbestos. It can also be those who were exposed to asbestos through household products such as talcum powder. Exposure to asbestos can lead to various illnesses, including lung cancer, mesothelioma and other respiratory issues. While some of these ailments are extremely serious and could be fatal, a lot of people have been able to receive compensation for their injuries. Many countries have laws that require manufacturers of dangerous substances to warn anyone who may be injured. The first asbestos lawsuit was filed in 1929, and involved a woman named Anna Pirskowski. She was suffering from a variety of ailments, including breathlessness and thickening of the fingertip tissue, called clubbing. Washington asbestos attorney was awarded a settlement of $75,000 and is believed to be the first class action lawsuit filed in connection with asbestos. In the years that followed there were a lot of asbestos lawsuits were filed. Asbestos litigation became a very vast area of law and many lawyers started to specialize in asbestos litigation. They only took on cases that were very important. One firm that did this was Kazan Law, which in the latter half of the 1980s began to focus on taking on cases for people with mesothelioma. Other lawsuits were won by individuals 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 similar to mesothelioma and therefore simpler for lawyers to prove. These claims also led to the revelation of secret documents that revealed how asbestos-related manufacturers tried to conceal the risks. This led to the Asbestos Ban and Phase Out Rule being issued in 1989. The Second Cases As the number of people diagnosed with asbestos-related illnesses grew, the victims and their families began filing lawsuits against companies that mined, produced or sold asbestos-containing products. Mesothelioma patients also filed claims against the companies that created and built the buildings where they worked, including power plants, shipyards and refineries. The link between asbestos exposure and the development of mesothelioma is strong. In the early 1980s, legal battles over asbestos lawsuits became more ferocious, and courts began to rule on various aspects of the case process. A federal court, for example determined that only people suffering from asbestos-related malignancies like mesothelioma and lung cancer were able to bring a lawsuit against the makers of asbestos products. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation. Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed 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 pay for the treatment. But, the company was unable to agree. Kershaw passed away at the age of 33 from lung fibrosis. The second round of asbestos-related cases focused on those who worked in construction sites and were exposed to different types of asbestos-containing building materials, including fireproofing sprays, drywall materials and textures. Asbestos lawyers also filed successful cases against companies who manufactured equipment that used asbestos-containing material, such as pumps and boilers. During this time, many documents pertaining to asbestos companies were discovered. These documents revealed their involvement in conspiracy and fraud. 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 uncovered the conspiracy of these companies to cover up knowledge that asbestos was dangerous and to deflect efforts to inform the public about asbestos' dangers. In the early and mid-1980s, when these and other forms of corporate fraud and conspiracy were discovered In the early to mid-1980s, a wave of class actions settlement was initiated, as well as other attempts were made to limit asbestos liability were made by asbestos companies. These attempts were met with massive opposition from plaintiffs' attorneys as well as their clients and the general public. The Third Case By the 1970s asbestos companies were no longer able cover up the dangers of asbestos-related diseases like mesothelioma from the public. This was due in large part to the fact major national publications began paying attention to the link between mesothelioma, asbestos, and other respiratory illnesses, as opposed to small industry newsletters and medical journals. When the link between asbestos and serious illnesses was established, patients started making lawsuits against asbestos producers. In the 1970s, a decision by the courts which allowed plaintiffs to make use of strict liability as a legal theory was one of the main factors that led to an increase in asbestos lawsuits. Plaintiffs in asbestos lawsuits used to have to prove that asbestos producers were negligent in exposing them to. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries that resulted from their products if they knew that their product was unsafe but did not warn their employees or the general public about its dangers. Following this ruling, a lot of asbestos producers have filed for bankruptcy. This allows a company, even if still in operation, to reorganize itself in bankruptcy court and put money in trusts to pay asbestos claimants. Johns-Manville is one of the most notable examples. It was hit by numerous lawsuits filed by former workers who suffered from asbestosis, mesothelioma, and lung cancer. Kazan Law brought several cases against the manufacturer and was able to obtain punitive damages verdicts against it. Since then asbestos litigation has continued grow due to the increasing number of victims suffering from asbestos-related illnesses. Asbestos litigation is often complex because the diseases caused by asbestos can take years to manifest and are not always apparent to those diagnosed. Additionally certain 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 several cases in which asbestos companies sought to limit their liability by offering settlements in class action. It also has considered whether individual defendants could be held accountable for asbestos related injury. The Fourth Case Asbestos is a very dangerous mineral, which has sickened or killed hundreds of thousands of people over the decades. Asbestos was also used extensively by companies who knew it was dangerous, but continued to make use of it. As the legal system tackles these asbestos lawsuits, new developments are taking place all the time. One of the most significant legal developments is the ruling Lubbe v. Cape Plc. This set the precedent for victims to sue multinational corporations in their home countries to recover compensation. Most of the time, these cases are accompanied by secondary exposure to asbestos. This occurs when employees who handle asbestos on the job pass it to their spouses or children at home. The family members then suffer from mesothelioma, or other asbestos-related diseases. Many lawsuits are filed by the families of victims of this type of situation. Asbestos lawyers can help families file a lawsuit against the company responsible for their loved ones' asbestos injuries. The rise of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits give victims the opportunity to seek justice with the assistance of an attorney who is well-versed in the complicated legal issues these cases bring up. While many asbestos attorneys have pushed for this type of lawsuit, there are some who oppose it. There have been several attempts at passing legislation to restrict 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 four companies for how they handled asbestos removal and disposal. The lawsuit claimed that the firms in violation of state law by not properly disposing of asbestos and failing to protect residents from the harmful dust. Asbestos litigation is a long-standing issue that is likely to continue for a long time. The asbestos industry has attempted to avoid responsibility through legal arguments based on technicalities and also by attempting to pass legislative solutions which would hinder victims from seeking justice. It seems that many victims, and their lawyers are determined to see justice acted upon.