Asbestos Lawsuit History
Since the 1980s, many asbestos-producing businesses and employers have gone bankrupt. Victims are compensated by bankruptcy trust funds and through individual lawsuits. Some plaintiffs have complained about suspicious legal maneuvering in their cases.
Many asbestos-related cases have gone before the United States Supreme Court. The court has heard cases involving settlements of class actions that sought to limit liability.
Anna Pirskowski
Anna Pirskowski, a woman who passed away in the early 1900s from asbestos-related diseases, was a prominent case. Her case was significant due to the fact that it sparked asbestos lawsuits against various manufacturers, and led to an increase in claims by those diagnosed with lung cancer, mesothelioma or other ailments. These lawsuits led to trust funds being created that were used by companies that went bankrupt to pay victims of asbestos-related diseases. These funds also permit asbestos victims and their family members to receive reimbursement for medical expenses and suffering.
Workers exposed to asbestos often bring the asbestos-containing material home to their families. Inhaling asbestos fibers can cause family members to suffer from the same symptoms as the exposed worker. These symptoms include chronic respiratory ailments mesothelioma, lung cancer and lung cancer.
Many asbestos companies knew asbestos was dangerous, but they downplayed the dangers, and chose not to inform their employees or clients. Johns Manville Company actually refused to let life insurance companies into their buildings to place warning signs. The company's own research revealed asbestos's carcinogenic properties in the 1930s.
OSHA was established in 1971, but it began to regulate asbestos only in the 1970s. At this point doctors and health experts were already working to educate people to asbestos' dangers. These efforts were generally successful. Lawsuits and news articles were launched to increase awareness however, many asbestos companies resisted the call for stricter regulations.
Despite the fact asbestos has been banned from the United States, the mesothelioma issue is still an issue for many across the nation. This is due to asbestos continuing to be present in businesses and homes even those constructed prior to the 1970s. It is important that individuals diagnosed with mesothelioma or any other asbestos-related illness seek legal advice. An experienced attorney will assist them in obtaining the amount of compensation they are entitled to. They will be able to understand the complicated laws that apply to this particular case and will ensure that they receive the most favorable result.
Claude Tomplait
Claude Tomplait, diagnosed with asbestosis in the year 1966, filed the first lawsuit against asbestos producers. The suit claimed that the companies didn't warn consumers about the dangers of their insulation products. This landmark case paved the way for tens and thousands of similar lawsuits to be filed in the future.
The majority of asbestos litigation involves claims from people who worked in construction industries that used asbestos-containing products. Carpenters, electricians, and plumbers are among those who have been affected. A few of these workers are suffering from mesothelioma, lung cancer and other asbestos-related illnesses. Some are also seeking compensation for the loss of loved relatives.
Millions of dollars may be awarded as damages in a lawsuit brought against the maker of asbestos products. The money is used to cover past and future medical expenses, lost wages, and pain and suffering. It can also be used to pay for funeral and burial costs, as well as loss of companionship.
Asbestos lawsuits have forced many companies to bankruptcy and established asbestos trust fund to compensate victims. It has also put a strain on state and federal courts. It has also consumed many hours of attorneys and witnesses.
The asbestos litigation was a costly and lengthy process that spanned several decades. But, it was successful in exposing asbestos-related company executives who had concealed the truth about asbestos for decades. They were aware of the dangers and pressured employees to conceal their health issues.
After many years of trial and appeal, the court decided in favor of Tomplait. The court's decision was based on the 1965 edition of Restatement of Torts, which states that "A manufacturer is responsible for the harm caused to consumers or users of its product if it is sold in a defected condition without adequate warning."
Jacqueline Watson, Tomplait's wife, was awarded damages by the court following the verdict. However Ms. Watson died before the court could issue her final award. Kazan Law offered to appeal the Appellate Court decision to the California Supreme Court.
Clarence Borel
Workers' compensation claims were filed by asbestos-insulators such as Borel in the late 1950s. They complained of respiratory ailments and thickening fingertip tissue (called "finger clubbing"). The asbestos industry, however, minimized asbestos' health risks. In the 1960s, more medical research began to connect asbestos with respiratory ailments like asbestosis and mesothelioma.
In 1969, Borel sued manufacturers of asbestos-containing insulation materials for failing to warn about the dangers of their products. He claimed that he contracted mesothelioma and asbestosis as the result of working with their insulation for thirty-three years. The court ruled that defendants were required to warn.
The defendants claim that they didn't commit any crime since they knew about the dangers of asbestos long before 1968. Expert asbestos lawsuit attorney testimony indicates that asbestosis might not be develop until 15 to 20 or even 25 years after asbestos exposure. If these experts are correct the defendants could have been responsible for injuries that other workers may have had asbestosis prior to Borel.
The defendants also claim that they aren't responsible for Borel’s mesothelioma because it was his decision to continue working with asbestos-containing materials. However, they ignore the evidence gathered by Kazan Law which showed that the defendants' firms were aware of asbestos' dangers for decades and hid the risk information.
The 1970s saw a surge in asbestos-related lawsuits, despite the Claude Tomplait class action case being the first. Asbestos claims crowded the courts and a large number of workers developed asbestos-related illnesses. In the wake of the litigation, many asbestos-related companies filed for bankruptcy and set up trust funds to compensate victims of their asbestos-related ailments. As the litigation grew it became apparent that the asbestos companies were responsible for the harm caused by their harmful products. The asbestos industry was forced into changing their business practices. Today, a number of asbestos-related lawsuits have been settled for millions of dollars.
Stanley Levy
Stanley Levy has written a number of articles that have been published in journals of scholarly research. He has also presented on these subjects at various seminars and legal conferences. He is a member of the American Bar Association and has been a member of various committees dealing with mesothelioma, asbestos and mass torts. The firm he runs, Levy Phillips & Konigsberg represents more than 500 asbestos victims across the country.
The firm charges a 33 percent fee plus expenses on the settlements it receives from its clients. It has won some of the biggest settlements in asbestos litigation history, including an award of $22 million for a man suffering from mesothelioma who worked at an New York City steel plant. The firm also represents 132 Brooklyn Navy Yard plaintiffs, and it has filed claims for thousands of people with mesothelioma as well as other asbestos-related diseases.
Despite this achievement, the firm is being criticized more frequently for its involvement in asbestos lawsuits. It has been accused of promoting conspiracy theories, attacking the jury system and skewing the statistics. Additionally, the company has been accused of making fraudulent claims. In response to this the company has announced an open defense fund and is looking for donations from corporations and individuals.
Another problem is that a lot of defendants deny the scientific consensus that asbestos causes mesothelioma even at low levels. They have used money paid by asbestos companies to pay "experts" to write papers in journals of academic research that support their claims.
Attorneys aren't only fighting over the scientific consensus regarding asbestos, but they are also focusing on the other aspects of the cases. For instance they are fighting over the necessity of a constructive notice to file a claim for asbestos. They claim that the victim had a real understanding of the dangers of asbestos in order to be eligible for compensation. They also debate the compensation ratios for different asbestos-related illnesses.
Attorneys for plaintiffs argue there is a significant interest in compensating people who have been affected by mesothelioma and related diseases. They claim that the asbestos-producing companies should be aware of the risks, and they should be held responsible.