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Asbestos Lawsuit History Since the 1980s many asbestos-producing businesses and employers have been bankrupted and the victims are compensated through trust funds for bankruptcy as well as individual lawsuits. Some plaintiffs have stated that their cases were the subject of shady legal maneuvering. Several asbestos-related cases have gone before the United States Supreme Court. The court has dealt with cases involving 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. It was a significant case because it triggered asbestos lawsuits being filed against various manufacturers. This, in turn, led to an increase in claims from those suffering from mesothelioma, lung cancer, or other illnesses. The lawsuits against these companies led to 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 and suffering. In addition to the numerous deaths that are linked to asbestos exposure, those who are exposed to asbestos often bring it home to their families. Inhaling the fibers causes the family members to experience the same symptoms as their exposed worker. Some of these symptoms include chronic respiratory issues, lung cancer, and mesothelioma. Many asbestos companies knew asbestos was dangerous but they minimized the dangers, and chose not to inform their employees or clients. Johns Manville Company actually refused to let life insurance companies to enter their premises to put up warning signs. The company's own research, meanwhile, showed that asbestos was carcinogenic as early as the 1930s. OSHA was founded in 1971, but it began to regulate asbestos only in the 1970s. At this point, doctors and health experts were already trying to warn people to the dangers of asbestos. These efforts were mostly successful. News articles and lawsuits raised awareness, however asbestos companies resisted demands for a more strict regulation. Despite the fact that asbestos has been banned from the United States, the mesothelioma problem continues to be a major concern for people across the nation. Asbest is still present in businesses and homes even before the 1970s. It is important that individuals diagnosed with mesothelioma or any other asbestos-related condition, seek legal advice. An experienced attorney can assist them in getting the justice they deserve. They will be able to comprehend the complex laws which apply to this type case and will ensure that they receive the most favorable result. Claude Tomplait Claude Tomplait, diagnosed with asbestosis in 1966, brought the first lawsuit against asbestos manufacturers. The suit claimed that the companies failed to warn of the dangers associated with their insulation products. This important case set the stage for thousands and tens of thousands of similar lawsuits to be filed in the near future. The majority of asbestos litigation involves claims by people who worked in the construction industry and used asbestos-containing products. Plumbers, electricians and carpenters are among the people who have been affected. Some of these workers are suffering from mesothelioma, lung cancer and other asbestos-related ailments. Some are also seeking compensation for the loss of their loved ones. A lawsuit against an asbestos-product manufacturer could result in millions of dollars in damages. The money is used to pay for past and future medical expenses, lost wages, and pain and suffering. This money can also be used to pay for travel expenses, funeral and burial expenses as well as loss companionship. Asbestos litigation has forced many companies into bankruptcy, and also created asbestos trust funds to pay victims. It has also placed pressure on federal and state courts. Additionally it has sucked up countless hours by lawyers and witnesses. The asbestos litigation was a lengthy and expensive process that spanned many years. But, it was successful in exposing asbestos company executives who hid the asbestos truth for decades. They were aware of the dangers and pressured employees to conceal their health issues. After years of appeals, trial 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 injuries to consumers or users of his product if the product is sold in a defective condition not accompanied by adequate warning.” Jacqueline Watson, Tomplait's wife, was awarded damages by the court after the verdict. Watson died before her final award could be determined by the court. Kazan Law volunteered to take the case to the California Supreme Court to overturn the appellate court's decision. Clarence Borel Workers' compensation claims were filed by asbestos-insulators such as Borel in the late 1950s. They complained of respiratory issues and thickening fingertip tissue (called “finger clubbing”). 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 ailments 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 had developed mesothelioma and asbestosis 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 known about the dangers posed by asbestos well before 1968. They cite testimony from experts that asbestosis doesn't manifest its symptoms until fifteen twenty, twenty, or twenty-five years after the first exposure to asbestos. If the experts are right they could have been liable for the injuries sustained by other workers who may have had asbestosis prior to Borel. The defendants argue that they shouldn't be held responsible for Borel’s mesothelioma since 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 risks and hid the risks for many years. The 1970s saw a surge in asbestos-related lawsuits, despite the Claude Tomplait class action case being the first. Asbestos lawsuits were aplenty in the courts and thousands of workers were diagnosed with asbestos-related diseases. Due to the litigation, many asbestos-related businesses went under and created trust funds to compensate the victims of asbestos-related diseases. As the litigation progressed, it became clear that asbestos companies were liable for the damage caused by toxic materials. The asbestos industry was forced into reforming their business practices. Today, many asbestos-related lawsuits have been resolved for millions of dollars. Stanley Levy Stanley Levy is the author of several articles published in journals of scholarly research. He has also spoken on these topics at various seminars and legal conferences. He is a member of the American Bar Association, and has been a member of various committees dealing with mesothelioma and asbestos. The firm he runs, Levy Phillips & Konigsberg represents more than 500 asbestos victims across the country. The firm charges a 33 percent fee plus expenses on compensations it obtains for its clients. It has secured some of the biggest verdicts in asbestos litigation, including a $22 million settlement for a mesothelioma sufferer who worked at an New York City Steel Plant. The firm also represents 132 Brooklyn Navy Yard plaintiffs, and it has filed claims for a multitude of people suffering from mesothelioma, among other asbestos-related illnesses. Despite Norwalk asbestos lawsuits , the company faces increased criticism for its involvement in asbestos litigation. It has been accused of promoting conspiracy theories, sabotaging the jury system and skewing the statistics. Additionally, the company has been accused of making fraudulent claims. In response, the firm launched a public defence fund and is soliciting donations from individuals as well as companies. Another issue is that many defendants are attacking the scientific consensus worldwide that asbestos even at very low levels, can cause mesothelioma. They have used money paid by the asbestos industries to hire “experts” who have published papers in journals of academics to back their arguments. Attorneys aren't only arguing over the scientific consensus about asbestos, but also focus on other aspects of cases. For example they are fighting over the constructive notice required to file a claim for asbestos. They claim that the victim should have had a real understanding of asbestos's dangers in order to receive compensation. They also argue over the compensation ratios for various asbestos-related diseases. Attorneys for the plaintiffs argue that there is a huge public interest in awarding compensation to those who suffer from mesothelioma and related diseases. They claim that the asbestos-producing companies should be aware of the dangers, and that they must be held responsible.