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Asbestos Lawsuit History Since the 1980s, many asbestos-producing companies and employers have gone bankrupt and the victims are paid through trust funds for bankruptcy and individual lawsuits. Some plaintiffs have stated that their cases were the subject of suspect legal maneuvering. Several asbestos-related cases have gone before the United States Supreme Court. The court has dealt with cases involving settlements for class actions that sought to limit liability. Anna Pirskowski In the mid-1900s, a woman named Anna Pirskowski suffered from asbestos-related diseases and died. This was a significant event because it triggered asbestos lawsuits being filed against several manufacturers. This led to an increase in claims filed by those suffering from lung cancer, mesothelioma or other diseases. These lawsuits led to the trust funds being created which were used by companies that went bankrupt to pay asbestos-related victims. These funds have also enabled asbestos victims and their families to receive compensation for medical expenses, pain and suffering. In addition to the numerous deaths associated with asbestos exposure, those who are exposed to the material often bring it home to their families. In this case, the family members breathe in the asbestos which causes them to suffer from the same ailments as the exposed worker. Some of these symptoms include chronic respiratory problems, lung cancer, and mesothelioma. While asbestos companies were aware that asbestos was dangerous, they downplayed the risks and did not inform their employees or customers. Johns Manville Company actually refused to allow life insurance companies into their buildings to install warning signs. The company's own research, revealed asbestos's carcinogenic properties from the 1930s onwards. OSHA was established in 1971 but began to regulate asbestos only in the 1970s. By this time, doctors were trying to inform the public about the dangers of exposure to asbestos. These efforts were generally successful. Irvine asbestos lawsuit and lawsuits raised awareness, however asbestos companies resisted calls for more stringent regulation. Despite the fact asbestos has been banned from the United States, the mesothelioma issue is still an issue for many across the country. It's because asbestos continues to be found in homes and businesses even those constructed prior to the 1970s. It is essential that those diagnosed with mesothelioma, or any other asbestos-related disease seek legal advice. A knowledgeable attorney can help them get the justice they deserve. They will be able to understand the complex laws that apply to this kind of case, and can ensure that they get the most favorable outcome. Claude Tomplait Claude Tomplait, diagnosed with asbestosis in the year 1966, filed the first lawsuit against asbestos producers. The lawsuit claimed that the manufacturers did not warn consumers of the dangers posed by their insulation products. This crucial case opened the floodgates for tens of thousands of similar lawsuits to be filed today. Most asbestos lawsuits are brought on behalf of people who have worked in the construction industry and used asbestos-containing products. This includes plumbers, electricians, carpenters and drywall installers as well as roofers. Many of these workers currently suffer from mesothelioma and lung cancer. Some of them are seeking compensation in the event that their loved ones have died. A lawsuit against a manufacturer of asbestos-based products could result in millions of dollars in damages. These funds can be used to pay for the medical bills of the past and future as well as lost wages, pain and suffering. It can also be used to pay for funeral and burial costs, as well as loss of companionship. Asbestos litigation has forced a number of businesses into bankruptcy and created 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 hours of attorneys and witnesses. The asbestos litigation was a long and expensive process that spanned decades. However, it was ultimately successful in exposing asbestos company executives who had concealed the asbestos truth for decades. They were aware of the dangers, and they pressured employees to not speak up about their health concerns. After many years of appeals, trials and court rulings in favor of Tomplait. The court's ruling was in reference to an edition of 1965 of the Restatement of Torts that states, “A manufacturer is liable for injury to a user or consumer of his product if the product is sold in a defective state not accompanied by adequate warning.” Following the decision the defendants were required to pay damages to Tomplait's widow, Jacqueline Watson. Watson passed away before her final award could be made by the court. Kazan Law offered to appeal the Appellate Court decision to the California Supreme Court. Clarence Borel In the latter half of 1950, asbestos insulators like Borel began to complain of breathing problems and the thickening of their fingers tissue, which was referred to as “finger clubbing.” They filed claims for workers' compensation. The asbestos industry, however, minimized asbestos as a health risk. The truth would only become widely known in the 1960s, as more research in medicine identified asbestos-related respiratory ailments like mesothelioma or asbestosis. Borel sued asbestos-containing insulation manufacturers in 1969 for failing to warn about the dangers their products could pose to their users. He claimed that he developed mesothelioma and asbestosis as a result of working with their insulation for 33 years. The court ruled that the defendants had a duty to warn. The defendants argue that they did not infringe their duty to warn since they knew or should have known of the dangers of asbestos before the year 1968. They cite testimony from experts that asbestosis does not manifest itself until fifteen, twenty, or even twenty-five years after first exposure to asbestos. If these experts are correct the defendants could have been responsible for injuries that other workers might have developed asbestosis before Borel. The defendants also claim that they aren't accountable for the mesothelioma of Borel, as it was his choice to continue working with asbestos-containing products. Kazan Law gathered evidence that revealed that the defendants' businesses were aware of asbestos' dangers and hid the risks for decades. The 1970s saw a surge in asbestos-related lawsuits, despite the Claude Tomplait class action case being the first. Asbestos claims filled the courts and thousands of workers were diagnosed with asbestos-related illnesses. In the wake of the litigation, a number of asbestos-related companies went bankrupt and set up trust funds to compensate the victims of asbestos-related diseases. As the litigation grew, it became apparent that asbestos companies were liable for the damage caused by toxic products. The asbestos industry was forced into changing their business practices. Today, many asbestos-related lawsuits have been resolved for millions of dollars. Stanley Levy Stanley Levy is the author of numerous articles that were published in journals of scholarly research. He has also addressed these issues at several seminars and legal conferences. He is a member of the American Bar Association, and has been a member of various committees that deal with mesothelioma and asbestos. The firm he runs, Levy Phillips & Konigsberg represents more than 500 asbestos victims across the nation. The firm charges 33 percent plus the cost of expenses for the compensation it receives from clients. It has secured some of the biggest settlements in asbestos litigation history including the $22 million verdict for a mesothelioma patient who worked at an New York City steel plant. The firm represents 132 Brooklyn Navy Yard Plaintiffs and has filed lawsuits on behalf of tens of thousands of mesothelioma patients or other asbestos-related illnesses. Despite this achievement, the firm is facing increased criticism over its involvement in asbestos lawsuits. It has been accused of promoting conspiracy theories, sabotaging the jury system and skewing the statistics. Additionally, the company has been accused of pursuing fraudulent claims. In response, the firm has launched an open defense fund and is looking for donations from corporations and individuals. Another issue is that a number of defendants are challenging the world-wide scientific consensus that asbestos, even at low levels, can cause mesothelioma. They have resorted to money paid by the asbestos industry to hire “experts” who have published articles in journals of academics to back their arguments. In addition to arguing over the scientific consensus on asbestos, attorneys are focusing on other aspects of the case. For example they are fighting over the necessity of a constructive notice to file an asbestos claim. They claim that the victim must have actually been aware of asbestos' dangers to be eligible for compensation. They also argue about the proportion of compensation among different types of asbestos-related illnesses. Attorneys for plaintiffs argue there is a substantial interest in compensating people who have suffered mesothelioma or related diseases. They claim that the companies that made asbestos should have known about the risks and must be held accountable.