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Asbestos Lawsuit History Since the 1980s many asbestos-producing companies and employers have been bankrupted and the victims are paid through trust funds for bankruptcy as well as individual lawsuits. Some plaintiffs have reported that their cases were the subject of suspect legal maneuvering. 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 Anna Pirskowski, a woman who passed away in the mid-1900s from asbestos-related ailments was a notable case. Her case was significant because it triggered asbestos lawsuits against various manufacturers and triggered an increase in claims from patients diagnosed with lung cancer, mesothelioma, or other diseases. These lawsuits led the way to trust funds created by the government which were used by bankrupt companies to compensate asbestos-related victims. These funds also allow asbestos victims and their families to receive reimbursement for medical expenses and suffering. In addition to the many deaths that are linked to asbestos exposure, those who are exposed to the substance often bring it home to their families. Inhaling the fibers causes family members to experience the same symptoms as the exposed counterparts. These symptoms include chronic respiratory problems mesothelioma, lung cancer and lung cancer. Although many asbestos companies were aware that asbestos was dangerous however, they minimized the risks and refused to inform their employees or clients. In fact, the Johns Manville Company rebuffed attempts by life insurance companies to put up warning signs in their buildings. Asbestos was discovered to be carcinogenic in the 1930s according to research conducted by JohnsManville. OSHA was founded in 1971 but began to regulate asbestos in the 1970s. By this time doctors were attempting to inform the public about the dangers of exposure to asbestos. These efforts were mostly successful. Lawsuits and news articles raised awareness, but many asbestos firms resisted calls for more stringent regulation. Despite the fact that asbestos is banned in the United States, the mesothelioma issue is still a major concern for people across the country. This is due to asbestos continuing to be found in both businesses and homes even those constructed prior to the 1970s. It is important that individuals diagnosed with mesothelioma or any other asbestos-related disease seek legal advice. A knowledgeable attorney will assist them in getting the compensation they deserve. They will be able to comprehend the complicated laws that govern this type of case and ensure that they get the most favorable outcome. Claude Tomplait Claude Tomplait, diagnosed with asbestosis in 1966, filed the first lawsuit against asbestos producers. In his lawsuit, he claimed that the manufacturers had failed warn consumers about the dangers of their insulation products. This important case triggered the floodgates of thousands of similar lawsuits to be filed. The majority of the asbestos litigation involves claims by workers in construction industries that used asbestos-containing products. Carpenters, electricians, plumbers and plumbers are among those who have been affected. Some of these workers are currently suffering from mesothelioma, lung cancer and other asbestos-related ailments. Some of them are seeking compensation in the case that their loved ones have died. A lawsuit filed against an asbestos-related product manufacturer can result in millions dollars in damages. The money is used to cover the future and past medical expenses, lost wages, and pain and suffering. It can also be used to cover travel expenses, funeral and burial expenses and loss of companionship. Asbestos lawsuits have forced a lot of companies into bankruptcy and established asbestos trust funds to compensate victims. It has also placed a strain on federal and state courts. In addition it has consumed thousands of man-hours by attorneys and witnesses. The asbestos litigation was an expensive and lengthy process that spanned many decades. However, it was successful in exposing asbestos business executives who hid the asbestos truth for decades. They were aware of the dangers and pushed employees to conceal their health concerns. After years of trial and appeal and appeal, the court finally decided 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 injury to the consumer or end-user of its product when it is sold in a defected condition, without adequate warning.” After the verdict was reached the defendants were ordered to pay damages to Tomplait's widow, Jacqueline Watson. Watson passed away before her final award was 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 such as Borel began to complain of breathing issues and a thickening of their fingertip tissue, referred to as “finger clubbing.” They submitted claims for worker's compensation. However, the asbestos industry downplayed the health risks associated with asbestos exposure. In the 1960s, more medical research began to link asbestos exposure to respiratory diseases like asbestosis and mesothelioma. In 1969, Borel sued manufacturers of asbestos-containing insulation materials for failing to warn about the dangers of their products. Alameda asbestos lawyer claimed he had developed mesothelioma and asbestosis as the result of working with their insulation for thirty-three years. The court found that the defendants had a duty of warning. The defendants argue that they didn't commit any crime since they knew about asbestos's dangers well before 1968. They cite testimony from experts that asbestosis does not manifest its symptoms until fifteen twenty, twenty, or twenty-five years after the initial exposure to asbestos. If the experts are right the defendants could have been responsible for injuries suffered by other workers who might have developed asbestosis before Borel. The defendants also claim that they aren't accountable for the mesothelioma that Borel contracted because it was his decision to continue working with asbestos-containing materials. Kazan Law gathered evidence that proved that defendants' companies were aware of asbestos' dangers and concealed the risk for many years. Although the Claude Tomplait case was the first asbestos class action lawsuit in the 1970s, the decade of 1970 saw an explosion of asbestos-related litigation. Asbestos claims filled the courts and thousands of workers became sick with asbestos-related illnesses. In response to the lawsuit asbestos-related businesses, they went into bankruptcy. Trust funds were established to pay compensation for asbestos-related illnesses. As the litigation progressed it became evident that asbestos companies were responsible for the harm caused by toxic products. The asbestos industry was forced into changing their business practices. Many asbestos-related lawsuits are settled today for millions dollars. Stanley Levy Stanley Levy has written a number of articles that have been published in journals of academic research. He has also given talks on these issues at several legal conferences and seminars. He is a member of the American Bar Association and has been a member of various committees that deal mesothelioma and asbestos as well as mass torts. His firm, Levy Phillips & Konigsberg has more than 500 asbestos plaintiffs across the nation. The firm charges 33 percent plus expenses for any compensation it receives for clients. It has secured some of the biggest verdicts in asbestos litigation, including a $22,000,000 award 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 patients suffering from mesothelioma 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 spreading conspiracy theories, sabotaging the jury system and skewing the statistics. The firm has also been accused of pursuing fraud claims. In response the company has announced a public defense fund and is looking for donations from individuals and corporations. Another problem is that a lot of defendants deny the scientific consensus that asbestos can cause mesothelioma, even at very low levels. They have used the funds provided by asbestos companies to hire “experts” to publish papers in academic journals that support their arguments. In addition to arguing about the scientific consensus on asbestos, lawyers are also looking at other aspects of the cases. They are arguing, for example, about the constructive notification required to file an asbestos claim. They argue that to be entitled to compensation the victim must have been aware of the dangers of asbestos. They also dispute the compensation ratios of various asbestos-related illnesses. Attorneys for the plaintiffs argue that there is a significant public interest in granting compensatory damages for people who suffer from mesothelioma and related diseases. They claim that the asbestos-producing companies should be aware of the risks, and they should be held accountable.