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Asbestos Lawsuit History Lawyers like Stanley Levy have helped many asbestos victims. People with asbestos-related diseases, such as mesothelioma, can sue companies that mined asbestos, made or used 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, caused by asbestos exposure. The First Cases Asbestos, a dangerous mineral, has afflicted and killed thousands of people over the years. Asbestos claims are filed for a variety reasons, but most often involve those who have been exposed to asbestos while at work. This includes workers at factories that made asbestos-related products as well as those who worked on the construction of buildings that contain asbestos, and even those who were exposed to secondhand asbestos from household products that were contaminated, such as talcum powder. Iowa City asbestos attorney who were exposed to asbestos may develop a number of different illnesses, including mesothelioma and lung cancer and other respiratory diseases. Although some of these diseases are extremely serious and could be fatal, many have been able to receive compensation for their injuries. This is because many countries have laws that require companies that create dangerous substances to warn people who might be hurt by them. The first asbestos lawsuit was filed in 1929 and involved a woman named Anna Pirskowski. She was suffering from a variety of symptoms including breathlessness and thickening of the fingertip tissue, also known as clubbing. She was awarded an amount of $75,000 as a settlement and is believed to be the first class action lawsuit filed in relation to asbestos. In the years that followed, more and more asbestos lawsuits were filed. Asbestos litigation became a vast area of law and many lawyers started to specialize in asbestos litigation. This meant that they only took on the most serious cases. Kazan Law was one firm that was focusing on this in the late 80s. Other lawsuits have been won by those who suffered from asbestos-related diseases such as asbestosis or pleural plaques. The condition 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 showed the way asbestos producers attempted to conceal the dangers. In 1989, the Asbestos Ban & Phase Out Rule was issued. The Second Cases As the number of people diagnosed with asbestos-related diseases increased, victims and their families began filing lawsuits against companies that mined, made or sold asbestos-containing products. Mesothelioma victims also filed claims against companies that designed and constructed the structures where they worked including shipyards, power plants and refineries. The connection between asbestos exposure and the development of mesothelioma is strong. In the early 1980s the legal dispute over asbestos lawsuits began to get more intense and the courts made rulings on a variety of aspects of the litigation procedure. A federal court, for example decided that only those suffering from malignant asbestos-related diseases like mesothelioma and lung cancer were able to sue the manufacturers of asbestos products. This ruling, known as Borel v. Fibreboard Paper Products Corp. is an important setback for asbestos plaintiffs. The same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first well-known lawsuit filed against asbestos-related companies. Kershaw was diagnosed with lung ailments due to her close contact with asbestos fibers, attempted to get the firm she worked for to pay for her medical treatments. The company was unable to pay. Kershaw died at 33 years old of fibrosis of her lungs. The second round of asbestos cases centered 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 that produced equipment that contained asbestos-containing materials, like boilers and pumps. During this time, many 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 deflect efforts to educate the public. The discovery of these and other types of corporate fraud and conspiracy in the early to mid-1980s caused a surge of class action settlements and other efforts to limit asbestos liability for asbestos companies. These attempts were met with a fierce opposition from plaintiffs' lawyers and their clients, as as the public at large. The Third Case By the 1970s, asbestos companies had lost the ability to conceal information on the fatal effects of mesothelioma and other asbestos-related diseases from the general public. This was due in large part to the fact that the link between asbestos and ailments like asbestosis, mesothelioma and other respiratory problems started receiving attention from major national publications instead of just small medical journals or industry newsletters. As soon as the link between asbestos and serious diseases was well established, victims started filing lawsuits against asbestos manufacturers. In the 1970s, a court ruling which allowed plaintiffs to make recourse to strict liability as a legal concept was among the major factors that led to an increase in asbestos lawsuits. Plaintiffs in asbestos cases would be required to prove that asbestos producers were negligent in exposing them to. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries caused by their products if they knew their product was dangerous but did not warn their employees or the general public about the dangers. Following this ruling, a lot of asbestos producers were forced to file for bankruptcy. This procedure allows a company, even if still in operation, to organize itself in bankruptcy court and to put funds into trusts to pay asbestos claimants. Johns-Manville is a notable example. It was the victim of numerous lawsuits brought by former factory employees who were suffering from asbestosis, mesothelioma, or lung cancer. Kazan Law brought several cases against the manufacturer and was able to get punitive damages against it. Since then asbestos litigation has continued to increase due to the increasing number of victims suffering from asbestos-related diseases. Asbestos litigation is often complicated due to the fact that the ailments caused by asbestos can take a long time to manifest and are not always obvious to those who have been diagnosed. A few victims have been waiting for years to receive settlements from insurance companies even after their employers were found liable. The US Supreme Court has addressed several cases in which asbestos companies tried to limit their liability by offering settlements for class actions. It also has addressed the question of whether individual defendants could be held liable for injuries caused by asbestos. The Fourth Cases Asbestos, a mineral which is extremely hazardous has killed and sickened hundreds of thousands of people over the decades. Asbestos was also widely used by companies who were aware of its dangers, but continued to make use of it. As the legal system handles these asbestos lawsuits, there are always new developments. One of the most important legal developments is the decision Lubbe v Cape Plc. This set a precedent allowing victims to sue multinational companies in their home countries for compensation. These situations usually involve secondary exposure to asbestos. This occurs when employees who work with asbestos on the job pass it to their spouses or children living at home. Family members are affected by mesothelioma as well as other asbestos-related diseases. This type of situation is the basis of many lawsuits filed by relatives of victims today. Asbestos lawyers can help families file a claim against companies responsible for the asbestos-related injuries suffered by their loved ones. The rise of class-action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits permit victims to pursue justice with the help of a lawyer well-versed in the legal issues that these cases raise. Certain asbestos attorneys are against this kind of litigation. There have been numerous attempts at passing legislation to restrict the use of class actions in asbestos lawsuits. The most recent major change in asbestos litigation was the filing of a suit by Massachusetts residents against four companies regarding how they handled asbestos removal and disposal. The lawsuit claimed that the companies in violation of state law by not disposing asbestos properly and exposing residents to toxic dust. Asbestos litigation has been a long-running issue that is likely to continue for a number of decades to come. The asbestos industry has attempted to avoid accountability by using legal arguments based on technicalities and attempting to pass legislative solutions that would block victims from seeking justice. It seems that many victims, as well as their lawyers, are determined to see justice acted upon.