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Asbestos Lawsuit History Since the 1980s many asbestos-producing businesses and employers have gone through bankruptcy, and victims are compensated through bankruptcy trust funds and individual lawsuits. Some plaintiffs have claimed 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 heard cases that involved settlements of class actions that sought to limit liability. Anna Pirskowski Anna Pirskowski, a woman who passed away in the early 1900s from asbestos-related illnesses was a notable case. Her death was significant due to the fact that it sparked asbestos lawsuits against several manufacturers and triggered an increase in claims from those diagnosed with mesothelioma, cancer of the lung or other illnesses. These lawsuits led to the creation trust funds which were used by bankrupt companies to compensate asbestos-related victims. These funds also allow asbestos victims and their family members to receive compensation for medical expenses as well as pain. Workers exposed to asbestos often bring the asbestos-containing material home to their families. Inhaling the fibers causes family members to experience the same symptoms as their exposed counterparts. These symptoms include chronic respiratory issues mesothelioma, lung cancer, and lung cancer. Many asbestos companies knew asbestos was dangerous but they minimized the dangers, and chose not 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 offices. The company's own studies, however, proved asbestos's carcinogenic properties from the 1930s onwards. OSHA was founded in 1971, but it began to regulate asbestos only in the 1970s. By this time health professionals and doctors were already trying to alert people to asbestos' dangers. These efforts were mostly successful. The media and lawsuits helped raise awareness, but many asbestos firms resisted calls for stricter regulation. Despite the fact that asbestos has been banned from the United States, the mesothelioma problem continues to be a major issue for people across the nation. This is due to asbestos continuing to be found in both businesses and homes even those constructed prior to the 1970s. This is why it's essential for those who have been diagnosed with mesothelioma, or any other asbestos-related illness to seek legal help. An experienced lawyer will assist them in obtaining the justice they deserve. They will be able understand the complex laws which apply to this kind of case and will ensure that they get the best possible result. Claude Tomplait In 1966, Claude Tomplait was diagnosed with asbestosis. He filed the first lawsuit against asbestos-related product manufacturers. His lawsuit alleged that they did not warn consumers of the dangers associated with their insulation products. This crucial case opened the way for tens and thousands of similar lawsuits to be filed in the near future. The majority of asbestos lawsuits are brought by people who have worked in the construction industry and used asbestos-containing products. These people include electricians, plumbers and carpenters and drywall installers as well as roofers. Some of these workers suffer from mesothelioma and lung cancer. Some are also seeking compensation for the loss of their loved relatives. A lawsuit against a manufacturer of asbestos-based products can result in millions dollars in damages. These funds can be used to pay for past and future medical costs as well as lost wages, suffering and pain. It also pays for funeral and burial costs, as well as 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 pressure on the state and federal courts. Additionally, it has consumed countless hours by lawyers and witnesses. The asbestos litigation was an expensive and long-running process that lasted several decades. But, it was successful in exposing asbestos business executives who had concealed the asbestos facts for years. They were aware of the risks and pressured employees to conceal their health concerns. After many years of trial and appeal, the court decided in favor of Tomplait. The court's ruling was based on an edition of 1965 of the Restatement of Torts that states, “A manufacturer is liable for injury to the consumer or user of his product if the product is sold in a defective condition not accompanied by adequate warning.” After the verdict was reached the defendants were ordered to compensate the widow of Tomplait, Jacqueline Watson. Watson passed away before her final decision could be given by the court. Kazan Law offered to appeal the Appellate Court decision to the California Supreme Court. Clarence Borel Workers' compensation claims were filed by asbestos insulators like Borel in the late 1950s. They complained of respiratory ailments and thickening fingertip tissue (called “finger clubbing”). The asbestos industry, however, downplayed asbestos its health risks. In the 1960s, more research in medicine began to link asbestos with respiratory ailments such as mesothelioma and asbestosis. Borel sued asbestos-containing insulation manufacturers in 1969 for not warning about the dangers their products could pose to their users. He claimed he developed mesothelioma as a result of working with their insulation for 33 years. The court ruled the defendants owed a duty of warning. The defendants argue that they did not infringe their duty to warn since they knew or should have been aware about the dangers posed by asbestos before the year 1968. Expert testimony suggests that asbestosis may not develop until 15 to 20 or even 25 years after asbestos exposure. If these experts are correct they could be liable for injuries sustained by other workers who may have had asbestosis prior to Borel. The defendants also argue that they shouldn't be held responsible for Borel’s mesothelioma, as it was his decision to continue working with asbestos-containing materials. But they do not consider the evidence collected by Kazan Law which showed that the defendants' firms were aware of asbestos' dangers for a long time and suppressed the information. Although the Claude Tomplait case was the first asbestos class action lawsuit in the 1970s, it was followed by an explosion of asbestos-related lawsuits. Asbestos lawsuits flooded the courts and thousands of workers developed asbestos-related diseases. In response to the litigation asbestos-related companies went under. Trust funds were set up to pay compensation for asbestos-related illnesses. As the litigation progressed it became evident that asbestos-related companies were accountable for the damage caused by toxic substances. The asbestos industry was forced into reforming their business practices. Many asbestos-related lawsuits are settled today for millions dollars. Stanley Levy Stanley Levy is the author of numerous articles that were published in scholarly journals. He has also spoken on these issues at several seminars and legal conferences. He is a member the American Bar Association, and has served in various committees dealing with mesothelioma and asbestos. His firm, Levy Phillips & Konigsberg, represents more than 500 asbestos plaintiffs across the United States. The firm charges a 33 percent fee plus costs for the compensations it receives for its clients. It has secured some of the largest verdicts in asbestos litigation, including a $22 million award for a mesothelioma patient who worked at an New York City Steel Plant. The firm also represents 132 Brooklyn Navy Yard plaintiffs, and has filed claims for thousands of people with mesothelioma and other asbestos-related illnesses. Despite Atlanta asbestos lawyer , the firm is facing increased criticism over its involvement in asbestos lawsuits. It has been accused by critics of promoting conspiracy theory, attacking the jury system, and inflated statistics. The company has also been accused of investigating fraud claims. In response to this the company has announced a public defense fund and is seeking donations from both corporations and individuals. Another issue is that a number of defendants are challenging the worldwide consensus of science that asbestos even at low levels, can cause mesothelioma. They have resorted to money paid by the asbestos industries to hire “experts” who have published articles in academic journals to support their claims. Attorneys are not only arguing over the scientific consensus on asbestos, but are also looking at other aspects of the cases. They are arguing, for instance regarding the constructive notification required to submit an asbestos claim. They claim that the victim must have had a real understanding of asbestos' dangers in order to be eligible for compensation. They also argue over the compensation ratios for different asbestos-related illnesses. The attorneys representing plaintiffs argue there is a substantial public interest in awarding compensatory damages for people who suffer from mesothelioma or related diseases. They claim that the companies who made asbestos should have known about the risks and must be held accountable.