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Asbestos Lawsuit History Many asbestos victims have been helped by lawyers like Stanley Levy. People with mesothelioma and other asbestos-related illnesses can sue companies that mined, manufactured, or used asbestos and asbestos-containing products. Nellie Kershaw was the first to file an asbestos lawsuit. She worked at a factory that spun asbestos fibers in England and developed health issues. She died at the age of 33 from fibrosis of the lung caused by asbestos exposure. The First Cases Asbestos, a hazardous mineral, has infected and killed thousands over the years. Asbestos claims are filed for a variety of reasons, but the majority involve those who were exposed to asbestos while at work. Worcester asbestos attorney could include workers in factories that made asbestos-related products as well as those who worked in the construction of buildings with asbestos, or who were exposed to secondhand asbestos from contaminated household products such as talcum powder. Exposure to asbestos can trigger a variety of illnesses, including mesothelioma, lung cancer and other respiratory problems. Although some of these diseases are very serious and can be fatal, a lot of people have been able to obtain compensation for their injuries. The majority of countries have laws that require companies that create dangerous substances warn anyone who may be injured. The first asbestos lawsuit, filed in 1929, was filed by a woman with the name of Anna Pirskowski. She suffered from shortness of breathe and 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. In the years that followed, more and more asbestos lawsuits were filed. Asbestos litigation grew into a vast area of law and many attorneys started to specialize in asbestos litigation. They only accepted cases that were extremely important. Kazan Law was one firm that focused on this in the latter part of the 80s. Other lawsuits were won by those who suffered from other asbestos-related illnesses like asbestosis or plaques in the pleural cavity. This is because the condition that caused these was similar to mesothelioma and therefore easier for lawyers to prove. These claims also led to the disclosure of secret documents that showed how asbestos-related manufacturers attempted to conceal the dangers. This led to the Asbestos Ban and Phase Out Rule being enacted in 1989. The Second Case As the number of people diagnosed with asbestos-related diseases increased, victims and their families began bringing lawsuits against companies that mined, produced or sold asbestos-containing products. Additionally, mesothelioma patients filed claims against the companies that designed and built the buildings they worked in, such as shipyards, power plants refineries and factories. The correlation between asbestos exposure and mesothelioma development is strong. In the early 1980s the legal litigation over asbestos lawsuits started to escalate and the courts ruled on many aspects of the litigation process. A federal court, for instance decided that only those suffering from malignant asbestos-related diseases like mesothelioma and lung cancer could sue the manufacturers of asbestos products. The ruling, dubbed Borel v. Fibreboard Paper Products Corp., was a major setback to asbestos plaintiffs. At the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first well-known legal case against asbestos companies. Kershaw, an employee in a factory in Rochdale, England, was diagnosed with lung issues due to her exposure to asbestos fibers. Kershaw tried to convince her employer to cover the cost of treatment. The company was unable to pay. Kershaw passed away at the age of 33 from fibrosis of her lungs. The second wave of asbestos cases centered on those who worked in construction sites and were exposed kinds of asbestos-containing building materials, including fireproofing sprays, drywall materials and textures. Asbestos lawyers also brought successful cases against companies who made equipment that utilized asbestos-containing material, such as boilers and pumps. During this time, a variety of documents incriminating asbestos companies were discovered. These documents revealed their involvement in conspiracies and fraud. The documents included personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed the scheme of these companies to cover up the fact that asbestos was hazardous and to deflect efforts to inform the public about asbestos' dangers. In the early to mid-1980s When these and other forms of corporate fraud and conspiracy were discovered in the 1980s, a wave of class action settlement was initiated, as well as other efforts were made to limit asbestos liability by asbestos companies. These attempts were met with massive opposition from plaintiffs' attorneys, their clients and the public. The Third Cases In the 1970s, asbestos companies had lost the ability to keep information about the devastating effects of mesothelioma and other asbestos-related diseases from the public. This was due in large part to the fact that the link between asbestos and illnesses such as mesothelioma, asbestosis and other respiratory ailments began getting attention from major national publications instead of small industry newsletters or medical journals. As soon as the link between asbestos and serious illness was well-established, victims started filing lawsuits against asbestos manufacturers. In the 1970s, a court ruling that allowed plaintiffs to recourse to strict liability as a legal principle was among the major reasons for an increase in asbestos lawsuits. In the past, plaintiffs in asbestos cases required proof that asbestos manufacturers were negligent in causing their exposure to asbestos. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries resulting from their products if they knew that their product was unsafe but did not inform their employees or the general public about the dangers. Following this ruling, many asbestos producers filed for bankruptcy, a process which allows a company to reorganize in bankruptcy court, put funds aside in trusts to pay for asbestos claims and still continue to operate. Johns-Manville was a particularly notable case, since it was slammed with a variety of lawsuits from former factory workers suffering from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer and was able win punitive damages verdicts against it. Since then, asbestos litigation has continued grow as a result of the growing number of people suffering from asbestos-related ailments. Asbestos litigation can be complicated due to the fact that the ailments caused by asbestos can take a long time to manifest and aren't always apparent to those who are diagnosed. Some victims have also been forced to wait for years for compensation from insurance companies, even after their employers were found responsible. The US Supreme Court has dealt with numerous cases involving class action settlements that asbestos companies offered as a way to limit their liability and it has also considered the question of whether or not it is possible to hold individual defendants liable for asbestos-related injuries. The Fourth Case Asbestos is a highly hazardous mineral that has killed or sickened hundreds of thousands of people over the years. Asbestos was also extensively used by companies who knew it was a risk, but continued to employ it. As the legal system deals these asbestos lawsuits with a constant stream of new developments. One of the most important legal developments is the decision Lubbe v Cape Plc. This set the precedent for victims to sue multi-national companies in their home countries for compensation. These cases often involve secondary exposure to asbestos. Workers who handle asbestos at work can transfer it to their family members or spouses. Family members suffer from mesothelioma and other asbestos-related diseases. This type of situation is the basis for many lawsuits filed by families of victims of asbestos today. Asbestos lawyers can help families file a claim against the company that is responsible for their loved ones' asbestos-related injuries. Another significant development in asbestos litigation is the rise of class action lawsuits. These asbestos lawsuits offer victims the opportunity to seek justice through the assistance of an attorney who is well-versed in the legal issues these cases present. Some asbestos attorneys are against this kind of litigation. There have been several attempts to pass legislation to restrict the use of class actions in asbestos lawsuits. The latest major change in asbestos litigation is the filing of an action by Massachusetts residents against four companies for handling asbestos removal and disposal. The lawsuit claimed that the companies violated state law by not disposing of asbestos properly and failing to protect residents from the harmful dust. Asbestos litigation has been going on for decades and it will continue to do so well into the future. The asbestos industry has attempted to avoid liability through legal arguments that are technical and also by attempting to pass legislative solutions which would hinder victims from seeking justice. But, it appears that a lot of victims and their lawyers are determined to get justice.