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Asbestos Lawsuit History Since the 1980s, a number of asbestos-producing employers and companies have been bankrupted. Victims are compensated via bankruptcy trust funds and through individual lawsuits. Some plaintiffs have reported suspicious legal maneuvering in their cases. A number of asbestos-related cases have been heard before the United States Supreme Court. The court has heard cases involving settlements for class actions that sought to limit liability. West Valley City asbestos lawsuits , a woman who died in the mid-1900s from asbestos-related illnesses was a notable case. Her case was significant because it prompted asbestos lawsuits against several manufacturers, and led to an increase in claims filed by those diagnosed with lung cancer, mesothelioma or other illnesses. The lawsuits against these companies led to the creation of trust funds which have been used by companies that have gone bankrupt to pay for asbestos-related victims. These funds also permit asbestos victims and their family members to receive compensation for medical expenses as well as pain. Workers exposed to asbestos often bring the substance home to their families. When this happens, the family members inhale the fibers and experience the same symptoms as the exposed worker. These symptoms include chronic respiratory problems mesothelioma, lung cancer, and lung cancer. While asbestos companies were aware asbestos was hazardous, they downplayed the risks and did not inform their employees or clients. In fact the Johns Manville Company rebuffed attempts by life insurance companies to hang warning signs on their buildings. The company's own research, revealed asbestos' carcinogenicity in the 1930s. The Occupational Safety and Health Administration (OSHA) was founded in 1971, but the agency did not begin to regulate asbestos until the 1970s. At this point doctors were attempting to educate the public about the dangers of exposure to asbestos. The efforts were generally successful. News articles and lawsuits raised awareness, however asbestos firms were resistant to calls for stricter regulation. Despite the fact asbestos is banned in the United States, the mesothelioma problem continues to be a major concern for people across the country. Asbest is still present in homes and business, even those built before the 1970s. It is important that individuals diagnosed with mesothelioma or any other asbestos-related condition seek legal advice. An experienced attorney will 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 best possible outcome. Claude Tomplait In 1966, Claude Tomplait was diagnosed with asbestosis. He filed the first lawsuit against asbestos-related product manufacturers. In his lawsuit, he claimed that the manufacturers had failed warn consumers about the dangers of their insulation products. This crucial case opened the way for tens and thousands of similar lawsuits to be filed in the future. Most asbestos lawsuits are brought by people who have worked in the construction industry and used asbestos-containing materials. Carpenters, electricians, plumbers and plumbers are among the people who have been affected. Many of these workers currently suffer from mesothelioma as well as lung cancer. Many are also seeking compensation for the loss of their loved ones. Millions of dollars may be awarded in damages in a suit against the maker of asbestos products. The money is used to cover future and past medical expenses, lost wages, and pain and suffering. It can also pay for travel expenses, funeral and burial costs, and loss of companionship. Asbestos litigation has forced a number of businesses into bankruptcy and created asbestos trust funds to pay victims. The litigation has also put a strain on the state and federal courts. It has also consumed countless hours of attorneys and witnesses. The asbestos litigation was a costly and long-running process that took several decades. But, it was successful in exposing asbestos-related company executives who concealed the truth about asbestos for decades. These executives knew of the dangers and pressured workers to keep quiet about their health concerns. After many years of trial and appeal and appeal, the court finally was in favor of Tomplait. The court's decision was based upon the 1965 edition of Restatement of Torts, which states that “A manufacturer is responsible for the harm caused to the consumer or end-user of its product if it is sold in a defective condition, without adequate warning.” Following the decision, the defendants were ordered to compensate the widow of Tomplait, Jacqueline Watson. Watson passed away before the final award could be made by the court. Kazan Law volunteered to take the case to the California Supreme Court to overturn the Appellate Court's decision. Clarence Borel In the latter half of 1950 asbestos insulators such as Borel began to complain about breathing problems and a thickening of their fingertip tissue, called “finger clubbing.” They filed worker's compensation claims. However, the asbestos industry downplayed the health risks associated with asbestos exposure. In the 1960s, more research in medicine began to connect asbestos with 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 developed mesothelioma as a result working with their insulation for 33 years. The court ruled that the defendants had a duty of warning. The defendants argue that they did not violate their duty to warn because they knew or should have known about the dangers posed by asbestos before the year 1968. Expert testimony indicates that asbestosis may not develop until 15 to 20, or even 25 years after exposure to asbestos. If the experts are right, then the defendants could have been held responsible for the injuries of other workers who may have suffered from asbestosis before Borel. The defendants also claim that they aren't accountable for the mesothelioma of Borel, as it was his decision to continue working with asbestos-containing products. But they do not consider the evidence gathered by Kazan Law which showed that the defendants' firms were aware about asbestos's dangers for a long time and suppressed the information. The 1970s saw a surge in asbestos-related lawsuits, despite the Claude Tomplait class action case being the first. Asbestos-related lawsuits flooded the courts and a multitude of workers developed asbestos-related diseases. As a result of the litigation, a number of asbestos-related businesses went under and created trust funds to compensate victims of their asbestos-related illnesses. As the litigation progressed it became apparent that asbestos-related companies were accountable to the extent of the harm caused by toxic materials. The asbestos industry was forced to changing their business practices. Today, a number of asbestos-related lawsuits have been settled for millions of dollars. Stanley Levy Stanley Levy has written a number of articles that have been published in scholarly journals. He has also spoken on these topics at a number of legal conferences and seminars. He is a member of the American Bar Association, and has been a member of various committees dealing with asbestos and mesothelioma. His firm, Levy Phillips & Konigsberg has more than 500 asbestos plaintiffs across the country. The firm is charged a fee of 33 percent plus costs for the settlements it receives from its clients. It has secured some of the largest verdicts in the history of asbestos litigation including the $22 million verdict for a man with mesothelioma who worked at a New York City steel plant. The firm is also representing 132 Brooklyn Navy Yard plaintiffs, and has filed lawsuits for thousands of people with mesothelioma, among other asbestos-related illnesses. Despite this success, the firm is facing increased criticism over its involvement in asbestos lawsuits. It has been accused by critics of promoting conspiracy theories, sabotaging the jury system, and inflating the statistics. The firm has also been accused of pursuing fraud claims. In response the company has announced an open defense fund and is seeking donations from individuals and corporations. 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 used money paid by the asbestos industry to hire “experts” who have published articles in journals of academic research to back their arguments. In addition to arguing about the scientific consensus regarding asbestos, attorneys are focusing on other aspects of the case. They are arguing, for instance regarding the constructive notice required to make an asbestos claim. They claim that the victim should have actually been aware of the dangers of asbestos in order to be eligible for compensation. They also argue over the compensation ratios among various asbestos-related diseases. Attorneys for plaintiffs argue there is a substantial interest in compensating those who have suffered mesothelioma or related diseases. They argue that the companies that created asbestos ought to have been aware about the dangers and should be held accountable.