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Asbestos Lawsuit History Many asbestos victims have received assistance from lawyers such as Stanley Levy. People with asbestos-related diseases such as mesothelioma can sue companies that mined or manufactured asbestos. The first asbestos lawsuit was filed by Nellie Kershaw. She worked in a factory that made asbestos fibers in England and developed health problems. She passed away at the age of 33 due to fibrosis that had developed in her lungs, which was caused by exposure to asbestos. The First Cases Asbestos, a hazardous mineral, has afflicted and killed thousands of people over the years. Asbestos claims can be filed for many reasons, but they typically involve people who were exposed to asbestos at work. This includes workers who worked in factories that made asbestos-related products or at the construction sites of buildings that contain asbestos. It can also be those who were exposed to asbestos through household products like talcum powder. Exposure to asbestos can trigger various diseases, including mesothelioma, lung cancer and other respiratory problems. Although some of these diseases are very serious and can be fatal, many people have been able to obtain compensation for their injuries. Most countries have laws requiring companies that produce dangerous substances to warn anyone who could be injured. The first asbestos lawsuit was filed in 1929, and involved a woman named Anna Pirskowski. She was suffering from shortness of breathe and thickening in the fingertip tissue (known as clubbing). She received a settlement amounting to $75,000 in what is believed to be the first-ever class action lawsuit that dealt with asbestos. Asbest lawsuits continued to be filed in the years following. Some of these cases were extremely large, and a number 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 latter half of the 1980s began to concentrate on the bringing of cases on behalf of mesothelioma patients. Other lawsuits were won by people who had suffered from other asbestos-related illnesses such as asbestosis or plaques in the pleural cavity. The condition that caused them was similar to mesothelioma and therefore simpler to prove for lawyers. These claims also led to the revelation of secret documents that demonstrated how manufacturers of asbestos products tried to hide the dangers. This led to the Asbestos Ban and Phase Out Rule being issued in 1989. The Second Case As the number of people diagnosed with asbestos-related diseases grew, victims and families began bringing lawsuits. These lawsuits were filed against businesses who mined asbestos, made asbestos-containing products or sold products containing asbestos. Mesothelioma patients also filed lawsuits against companies who created and built the buildings that they worked in, including shipyards, power plants, and refineries. The connection between asbestos exposure and the development of mesothelioma is strong. In the early 1980s, the legal litigation over asbestos lawsuits started to get more intense and the courts made rulings on a variety of aspects of the procedure. For instance a federal court decided that only individuals suffering from malignant asbestos-related disease such as mesothelioma or lung cancer are able to file an action against the makers of asbestos-related products they used. This ruling, dubbed Borel v. Fibreboard Paper Products Corp., was a major setback to asbestos plaintiffs. At 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 factory worker from Rochdale, England, was diagnosed with lung issues caused by her close exposure to raw asbestos fibers. She attempted to convince her employer to pay for the treatment. The company was unable to pay. Kershaw died in her 30s from fibrosis. The second phase of asbestos lawsuits centered on those who were exposed to various types asbestos-containing building products, such as fireproofing sprays and drywall products. Asbestos lawyers also successfully brought lawsuits against companies who manufactured the equipment that used asbestos-containing materials, such as pumps and boilers. During this time, many documents that implicated asbestos companies were discovered. 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 plot between these companies to hide asbestos' dangers and suppress efforts to warn the public. The discovery of these, and other forms of corporate fraud and collusion in the early and mid-1980s led to a flurry of class action settlements and other attempts to limit asbestos liability for asbestos-related companies. These attempts were met with fierce resistance from plaintiffs' attorneys and their clients, as well as from the public at large. The Third Case In the 1970s, asbestos companies were no longer able to conceal the devastating effects of asbestos-related diseases like mesothelioma from people. This was due in large part to the fact that major national journals began paying attention to the link between mesothelioma, asbestos, and other respiratory diseases, instead of small industry medical journals and newsletters. After Tuscaloosa asbestos lawyers between asbestos and serious illnesses were established and the victims began filing lawsuits against asbestos-related companies. In the 1970s, a court decision which allowed plaintiffs to make use of strict liability as a legal principle was one of the primary factors that led to an increase in asbestos lawsuits. Previously asbestos lawsuits, plaintiffs had to show that asbestos manufacturers were negligent in creating their asbestos exposures. However in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were responsible for any injuries their products caused when the company knew their product was unsafe and did not inform its employees or the general public about its dangers. In the wake of this ruling, a number of asbestos-related companies have filed for bankruptcy, a procedure which allows a company to be reorganized in bankruptcy court, put money in trusts to pay asbestos claims and still operate. Johns-Manville was a particularly notable example, as it was slammed with a variety of lawsuits brought by former factory workers suffering from asbestosis, lung cancer and mesothelioma. Kazan Law set several cases against the manufacturer and was able obtain punitive damages verdicts against the company. Since the time, asbestos litigation has continued to grow due to the increasing number of victims suffering from asbestos-related ailments. Asbestos cases are often complex because the diseases they cause can take decades to manifest themselves and are not always obvious to those diagnosed. A few victims have 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 in class action. The court has also considered whether individual defendants could be held liable for injuries resulting from asbestos. The Fourth Cases Asbestos is a very dangerous mineral, which has killed or sickened hundreds of thousands of people over the many years. Asbestos was also widely used by manufacturers who knew it was a risk however they continued to employ it. As the legal system tackles these asbestos lawsuits and asbestos lawsuits, new developments take place constantly. One of the most important 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 to recover compensation. These cases typically result in secondary exposure to asbestos. This happens when workers who handle asbestos on the job pass it to their spouses or children living at home. The family members suffer from mesothelioma and other asbestos-related diseases. This type of case is the basis for many lawsuits brought by the families of victims in the present. Asbestos lawyers can help families bring a claim against companies responsible for the asbestos-related injuries suffered by their loved family members. The emergence of class-action lawsuits is another major development in asbestos litigation. These asbestos lawsuits give victims the chance to seek justice through the help of an attorney well-versed in the legal issues these cases present. Certain asbestos lawyers are against this type of litigation. There have been several attempts at passing legislation to restrict the use of class actions in asbestos lawsuits. The most recent major development in asbestos litigation was the filing of a suit by Massachusetts residents against four companies concerning how they handled asbestos abatement and disposal. The lawsuit claimed that the companies in violation of state law in not properly disposing asbestos and failing to protect residents from the harmful dust. Asbestos litigation has been ongoing for a long time, and it's likely that it will continue to do so throughout the years to come. The asbestos industry has attempted to shield itself from responsibility using technical legal arguments, and by trying to pass legislative remedies that would prevent victims from seeking justice. It appears that many victims, and their lawyers are determined to get justice acted upon.