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Asbestos Lawsuit History Since the 1980s, a number of asbestos-producing employers and companies have gone bankrupt. Victims are compensated through bankruptcy trust funds and through individual lawsuits. Some plaintiffs have reported suspicious legal actions in their cases. Many asbestos-related cases have gone before the United States Supreme Court. The court has handled cases that involved settlements of class actions, which sought to limit liability. Anna Pirskowski In the mid-1900s, a lady named Anna Pirskowski suffered from asbestos-related diseases and passed away. Her death was significant due to the fact that it sparked asbestos lawsuits against various manufacturers and helped spark an increase in claims filed by people who were diagnosed with mesothelioma, cancer of the lung or other illnesses. The lawsuits against these companies resulted in the creation of trust funds which were utilized by companies that have gone bankrupt to pay for asbestos-related victims. These funds have also enabled asbestos victims and their families to receive compensation for their medical expenses, suffering. People who have been exposed to asbestos frequently bring the substance home to their families. Inhaling the fibers causes family members to experience the same symptoms as their exposed counterparts. These symptoms include chronic respiratory problems mesothelioma, lung cancer, and lung cancer. Although many asbestos companies were aware asbestos was hazardous however, they minimized the risks and refused to inform their employees or consumers. Johns Manville Company actually refused to allow life insurance companies to enter their buildings to place warning signs. Asbestos was found to be carcinogenic in the 1930s, according to research conducted by Johns Manville. OSHA was founded in 1971. However, it was only able to regulate asbestos in the 1970s. By this time, doctors were trying to educate the public about the dangers of exposure to asbestos. These efforts were generally successful. News articles and lawsuits started to educate people however, many asbestos firms resisted calls for stricter regulations. Despite the fact that asbestos has been banned in the United States, mesothelioma continues to be a major issue for individuals throughout the country. This is because asbestos continues to be found in both businesses and homes, even those built prior to the 1970s. It is essential that those diagnosed with mesothelioma, or any other asbestos-related illness, seek legal advice. An experienced lawyer can help them get the justice they deserve. They will be able to understand the complex laws that govern this kind of case and make sure that they get the most favorable result. Fullerton asbestos lawsuit In 1966, Claude Tomplait was diagnosed with asbestosis. He then filed his first lawsuit against asbestos manufacturers of products. The lawsuit claimed that the manufacturers did not warn consumers of the dangers of their insulation products. This crucial case opened the way for thousands and tens of thousands of similar lawsuits to be filed in the future. The majority of the asbestos litigation involves claims by those who worked in the construction industry that employed asbestos-containing products. Plumbers, electricians and carpenters are among those who have been affected. Some of these workers are suffering from mesothelioma, lung cancer and other asbestos-related illnesses. Some of these workers are seeking compensation in the event that their loved ones have passed away. Millions of dollars can be awarded as damages in a suit against the maker of asbestos products. This money can be used to pay for future and past medical expenses, lost wages, and suffering and pain. It can also be used to pay for funeral and burial costs, and loss of companionship. Asbestos litigation has forced a number of companies into bankruptcy, and also created asbestos trust funds to pay victims. The litigation has also put a strain on the state and federal courts. It has also sucked up countless hours of attorneys and witnesses. The asbestos litigation was a lengthy and expensive process that spanned many years. However, it was ultimately successful in exposing asbestos-related company executives who hid the asbestos facts for years. These executives were aware of the risks, and they pressured workers to not talk about their health issues. After years of appeals, trial and the court's rulings in Tomplait's favor. 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 an end-user or consumer of its product if it is sold in a defective condition without adequate warning.” Following the decision the defendants were required to pay the widow of Tomplait, Jacqueline Watson. However Ms. Watson died before the court could make her final verdict. Kazan Law volunteered to take the case to the California Supreme Court to overturn the Appellate Court's decision. Clarence Borel In the late 1950s asbestos insulators such as Borel began to complain of breathing problems and a thickening of their fingertip tissue, referred to as “finger clubbing.” They submitted claims for worker's compensation. The asbestos industry, however, minimized asbestos' health risks. In the 1960s, more research in medicine began to link asbestos exposure to respiratory illnesses like mesothelioma and asbestosis. In 1969, Borel sued manufacturers of asbestos-containing insulation materials for failing to warn of the dangers of their products. He claimed he developed mesothelioma and asbestosis as a result of working with their insulation over a period of 33 years. The court found that the defendants were liable for warning. The defendants argue that they didn't commit any crime because they were aware of the dangers of asbestos long before 1968. Expert testimony suggests that asbestosis might not be manifest until 15, 20, or even 25 years after exposure to asbestos. If the experts are right, then the defendants could have been held accountable for the injuries suffered by other workers who might have suffered from asbestosis earlier than Borel. The defendants argue that they aren't responsible for Borel’s mesothelioma, as it was his choice to continue working with asbestos-containing materials. However, they ignore the evidence collected by Kazan Law which showed that the defendants' businesses were aware of the asbestos risks for decades and hid the information. The 1970s saw a surge in asbestos-related litigation, despite the Claude Tomplait class action case being the first. Asbestos claims filled the courts, and thousands of workers became sick with asbestos-related illnesses. As a result of the litigation, a number of asbestos-related companies filed for bankruptcy and established trust funds to compensate the victims of asbestos-related diseases. As the litigation progressed, it became clear that asbestos companies were liable for the harm caused by toxic substances. As a result, the asbestos industry was forced to reform the way they operated. Many asbestos-related lawsuits are resolved today for millions of dollars. Stanley Levy Stanley Levy is the author of a number articles published in journals of scholarly research. He has also addressed these topics at a number of legal seminars and conferences. He is a member the American Bar Association, and has served on various committees dealing with mesothelioma and asbestos. His firm, Levy Phillips & Konigsberg is a representation firm for more than 500 asbestos plaintiffs across the country. The firm charges 33 percent plus costs for the compensation it receives from clients. It has won some of the biggest verdicts in asbestos litigation, including a $22 million settlement for a mesothelioma sufferer who worked at the New York City Steel Plant. The firm is also representing 132 Brooklyn Navy Yard plaintiffs, and has filed claims for thousands of patients suffering from mesothelioma and other asbestos-related illnesses. Despite this, the firm is confronted with criticism for its involvement in asbestos lawsuits. It has been accused by critics of propagating conspiracy theories, sabotaging the jury system, and inflating the statistics. In addition, the firm has been accused of pursuing fraudulent claims. In response to this the company has announced a public defense fund and is looking for donations from individuals and corporations. Another issue is the fact that a number of defendants are challenging the scientific consensus worldwide that asbestos even at very low levels, can cause mesothelioma. They have used the money provided by the asbestos industry to hire “experts” who have published papers in journals of academics to support their claims. Attorneys aren't only fighting over the scientific consensus on asbestos, but they are also focusing on the other aspects of the cases. For example, they are arguing about the requirement for constructive notice to file an asbestos claim. They argue that to be qualified for compensation the victim must have known about asbestos' dangers. They also dispute the compensation ratios of various asbestos-related diseases. Lawyers for plaintiffs claim there is a substantial interest in compensating people who have suffered from mesothelioma or related diseases. They argue that the companies that produced asbestos should have been aware about the risks and must be held accountable.