The 10 Most Scariest Things About Asbestos Lawsuit History
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Since the 1980s, many asbestos-producing employers and companies have gone through bankruptcy, and victims are compensated through bankruptcy trust funds and individual lawsuits. Some plaintiffs have complained about suspicious legal maneuvering in their cases.
The Supreme Court of the United States has heard a number of asbestos-related cases. The court has handled cases involving settlements of class actions that sought to limit liability.
Anna Pirskowski
In the mid-1900s, a woman called Anna Pirskowski suffered from asbestos-related diseases and died. Her case was significant due to the fact that it sparked asbestos lawsuits against various manufacturers and helped spark an increase in claims filed by patients diagnosed with lung cancer, mesothelioma, or other diseases. The lawsuits against these companies led to the creation of trust funds which have been used by bankrupt manufacturers to pay compensation for asbestos-related sufferers. These funds also allow asbestos victims and their family members to receive reimbursement for medical expenses and pain.
People who have been exposed to asbestos frequently bring the substance home to their families. Inhaling asbestos fibers can cause family members to suffer from the same symptoms as the exposed counterparts. Some of these symptoms include chronic respiratory issues, lung cancer, and mesothelioma.
Many asbestos companies knew that asbestos attorneys was dangerous but they minimized the risks, and refused to inform their employees or clients. Johns Manville Company actually refused to allow life insurance companies into their buildings to place warning signs. Asbestos was identified as carcinogenic in the 1930s according to research conducted by JohnsManville.
OSHA was established in 1971 but began to regulate asbestos only in the 1970s. By this time doctors were working to inform the public about the dangers of exposure to asbestos lawyers. These efforts were mostly successful. News articles and lawsuits started to raise awareness however, many asbestos companies resisted the call for stricter regulations.
Despite the fact that asbestos has been banned in the United States, mesothelioma continues to be a serious problem for individuals throughout the country. Asbest is still present in businesses and homes even before the 1970s. This is the reason it's crucial for individuals who have been diagnosed with mesothelioma, or any other asbestos-related disease to seek legal advice. An experienced lawyer will assist them in getting the justice they deserve. They will be able understand the complicated laws that apply to this kind of case and make sure they receive the most favorable result.
Claude Tomplait
In 1966, Claude Tomplait was diagnosed with asbestosis. He then filed his first lawsuit against asbestos-related product manufacturers. The lawsuit claimed that the manufacturers did not warn consumers of the dangers posed by 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 lawsuits are brought by people who worked in the construction industry and used asbestos-containing products. Plumbers, electricians and carpenters are among those who have been affected. Many of these workers currently suffer from mesothelioma as well as lung cancer. Some of these workers are seeking compensation in the case that their loved ones have passed away.
Millions of dollars may be awarded in damages in a lawsuit against a manufacturer of asbestos products. These funds can be used to pay for the medical bills of the past and future, lost wages and suffering and pain. It also pays for travel expenses, funeral and burial costs, and loss of companionship.
Asbestos litigation has forced many companies into bankruptcy and established asbestos trust funds to compensate victims. The litigation has also put a strain on federal and state courts. In addition it has sucked up countless man-hours by attorneys and witnesses.
The asbestos litigation was an expensive and lengthy process that spanned many decades. But, it was successful in exposing asbestos business executives who had concealed the asbestos truth for decades. They knew about the dangers and pressured workers to not talk about their health concerns.
After years of appeal and trial and appeal, the court ruled in favor of Tomplait. The court's decision was based on the 1965 edition of the Restatement of Torts, which states that "A manufacturer is liable for any injury suffered by consumers or users of its product if it is sold in a defective condition, without adequate warning."
After the verdict was reached the defendants were ordered to pay damages to Tomplait's widow, Jacqueline Watson. However, Ms. Watson died before the court could issue her final award. Kazan Law volunteered to take the case to the California Supreme Court to overturn the Appellate Court's decision.
Clarence Borel
In the latter half of 1950 asbestos insulators such as Borel began to complain of breathing issues and the thickening of their fingers tissue, called "finger clubbing." They submitted claims for worker's compensation. But asbestos companies hid the health risks associated with asbestos exposure. The truth would only become widely known in the 1960s as more research into medical science connected asbestos exposure to respiratory illnesses like mesothelioma or asbestosis.
In 1969, Borel sued manufacturers of asbestos-containing insulation materials for failing to warn about the dangers of their products. He claimed he had developed asbestosis and mesothelioma as a result of working with their insulation for thirty-three years. The court ruled that defendants were required to warn.
The defendants claim that they did not infringe their duty to warn because they knew or should have been aware of the dangers of asbestos well before 1968. Expert testimony indicates that asbestosis might not be manifest until 15, 20 or even 25 years after exposure to asbestos. If the experts are correct, then the defendants could have been held responsible for the injuries sustained by others who may have suffered from asbestosis before Borel.
In addition, the defendants argue that they should not be held accountable for Borel's mesothelioma since it was his decision to continue to work with asbestos-containing insulation. However, they ignore the evidence gathered by Kazan Law which showed that the defendants' companies knew of asbestos' dangers for decades and hid the information.
Although the Claude Tomplait case was the first asbestos lawsuit class action lawsuit, the 1970s saw an explosion of asbestos-related lawsuits. Asbestos lawsuits flooded the courts and thousands of asbestos-related illnesses were contracted by workers. Due to the litigation, numerous asbestos-related companies filed for bankruptcy and established trust funds to compensate the victims of asbestos-related diseases. As the litigation continued it became evident that asbestos-related companies were responsible for the damage caused by their toxic products. The asbestos industry was forced to reforming their business practices. Many asbestos-related lawsuits are settled today for millions of dollars.
Stanley Levy
Stanley Levy is the author of a number articles that were published in journals of academic research. He has also spoken on these issues at several legal conferences and seminars. He is a member the American Bar Association, and has served in various committees focusing on asbestos and mesothelioma. His firm, Levy Phillips & Konigsberg represents more than 500 asbestos victims across the country.
The firm charges 33 percent plus costs for any compensation it receives for clients. It has secured some of the biggest verdicts in asbestos litigation history, including an award of $22 million for a mesothelioma patient who worked at an New York City steel plant. The firm represents 132 Brooklyn Navy Yard Plaintiffs and has filed claims on behalf of thousands of patients suffering from mesothelioma or other asbestos-related diseases.
Despite this however, the firm is facing increased criticism over its involvement in asbestos lawsuits. It has been accused by critics of encouraging conspiracy theories, sabotaging the jury system, and inflated statistics. In addition, the firm 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 both corporations and individuals.
Another issue is that a number of defendants are challenging the scientific consensus worldwide that asbestos even at low levels, can cause mesothelioma. They have used funds paid by the asbestos industry to hire "experts" to write papers in academic journals that back their claims.
In addition to arguing about the scientific consensus on asbestos, lawyers are also looking at other aspects of the cases. They argue, for instance regarding the constructive notice required to file an asbestos claim. They claim that the victim must have had actual knowledge of the dangers of asbestos in order to be eligible for compensation. They also argue over the proportion of compensation among different types of asbestos-related illnesses.
Attorneys for plaintiffs argue that there is a substantial public interest in granting compensatory damages for people who suffer from mesothelioma and related diseases. They claim that the companies who made asbestos should have known about the dangers and should be held accountable.
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