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Asbestos Lawsuit History Since the 1980s, a number of asbestos-producing employers and companies have gone through bankruptcy and the victims are compensated through trust funds for bankruptcy as well as individual lawsuits. Some plaintiffs have reported suspicious legal tactics in their cases. 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 woman named Anna Pirskowski suffered from asbestos-related diseases and passed away. Her case was significant because it prompted asbestos lawsuits against several manufacturers and triggered an increase in claims from patients diagnosed with mesothelioma, cancer of the lung, or other diseases. These lawsuits led to the trust funds created by the government which were used by banksrupt companies to pay asbestos-related victims. These funds also allow asbestos victims and their families to receive compensation for their medical expenses and pain and suffering. Workers exposed to asbestos often bring the substance home to their families. When this happens, the family members breathe in the asbestos which causes them to experience the same symptoms similar to those who were exposed. These symptoms include chronic respiratory problems mesothelioma, lung cancer and lung cancer. Although many asbestos companies were aware asbestos was a risk however, they minimized the risks and refused to inform their employees or consumers. Johns Manville Company actually refused to let life insurance companies into their buildings to place warning signs. The company's own studies, revealed asbestos's carcinogenic properties as early as the 1930s. OSHA was established in 1971 but began to regulate asbestos in the 1970s. At this point doctors were attempting to educate the public about the dangers of exposure to asbestos. These efforts were largely successful. Lawsuits and news articles raised awareness, but many asbestos firms resisted demands for a more strict regulation. Despite the fact that asbestos has been banned from the United States, the mesothelioma issue remains a major issue for people across the country. It's because asbestos continues to be found in homes and businesses even those constructed prior to the 1970s. This is why it's essential for individuals who have been diagnosed with mesothelioma or another asbestos-related disease to seek legal help. An experienced lawyer can help them get the amount of compensation they are entitled to. They will be able to understand the intricate laws that apply to this particular case and make sure they receive the most favorable outcome. Claude Tomplait In 1966, Claude Tomplait was diagnosed with asbestosis. He then filed his first lawsuit against asbestos product manufacturers. In his lawsuit, he alleged that the manufacturers had failed warn consumers about the dangers of their insulation products. This crucial case opened the way for thousands and tens of thousands of similar lawsuits to be filed in the future. The majority of asbestos litigation concerns people who worked in construction industries that used asbestos-containing products. Carpenters, electricians, plumbers and plumbers are among the people who have been affected. Some of these workers now suffer from mesothelioma as well as lung cancer. Many are also seeking compensation for the loss of their loved ones. A lawsuit against an asbestos-product manufacturer can result in millions dollars in damages. These funds are used to cover the medical expenses of the past and in the future as well as lost wages, pain and suffering. It can also pay for travel expenses, funeral and burial costs, as well as loss of companionship. Asbestos litigation has forced many companies into bankruptcy and established asbestos trust funds to pay victims. It has also put an immense burden on federal and state courts. Additionally it has consumed thousands of hours of attorneys and witnesses. The asbestos litigation was a costly and long-running process that lasted several decades. However, it was successful in exposing asbestos-related company executives who hid the truth about asbestos for decades. These executives were aware of the dangers and pressured employees to conceal their health issues. After years of appeals, trial and the court's rulings in Tomplait's favor. The court's ruling was in reference to the 1965 edition of the Restatement of Torts that states, “A manufacturer is liable for any injury suffered by a user or consumer of his product when the product is sold in a defective condition unaccompanied by adequate warning.” Jacqueline Watson, Tomplait's wife was awarded damages by the court after the verdict. Watson passed away before the 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 thickening of their fingertip tissue, called “finger clubbing.” They filed claims for workers' compensation. But asbestos companies minimized the health risks associated with asbestos exposure. In the 1960s, more research in medicine began to link asbestos with respiratory illnesses such as mesothelioma and asbestosis. Borel sued asbestos-containing insulation manufacturers in 1969 for failing to warn about the risks associated with their products could pose. He claimed that he developed mesothelioma and asbestosis as the 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 be aware of the dangers associated with asbestos before the year 1968. They cite expert testimony that asbestosis does not manifest its symptoms until fifteen twenty, twenty, or twenty-five years after the initial exposure to asbestos. However, if these experts are right, then the defendants could have been held liable for the injuries sustained by other workers who might have been affected by asbestosis earlier than Borel. In addition, the defendants argue that they shouldn't be held responsible for Borel's mesothelioma because it was his decision to continue working with asbestos-containing insulation. Kazan Law gathered evidence that showed the defendants' companies were aware of asbestos' dangers and hid the risks for many years. The 1970s saw a surge in asbestos-related litigation, even though the Claude Tomplait class action case being the first. Asbestos lawsuits were aplenty in the courts and thousands of asbestos-related illnesses were contracted by workers. As a result of the litigation, numerous asbestos-related companies went bankrupt and created trust funds to compensate the victims of their asbestos-related ailments. As the litigation progressed it became evident that asbestos companies were responsible for the harm caused by toxic materials. The asbestos industry was forced to 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 scholarly journals. He has also given talks on these topics at a variety of legal conferences and seminar. He is a member of the American Bar Association, and has served on various committees focusing on asbestos and mesothelioma. His firm, Levy Phillips & Konigsberg has more than 500 asbestos plaintiffs across the nation. The firm is charged a fee of 33 percent plus expenses on the compensations it receives for its clients. It has won some of the largest settlements in asbestos litigation history, including the $22 million verdict for a man with mesothelioma who worked at an New York City steel plant. The firm represents 132 Brooklyn Navy Yard Plaintiffs and has filed claims on behalf of thousands of people suffering from mesothelioma or other asbestos-related diseases. Despite this however, the firm is confronted with criticism for its involvement in asbestos lawsuits. It has been accused by critics of propagating conspiracy theory, attacking the jury system, and inflating the statistics. The firm has also been accused of pursuing fraud claims. In response the company has announced a public defense fund and is seeking donations from both corporations and individuals. Jackson asbestos lawsuits is that a lot of defendants deny the scientific consensus that asbestos is a cause of mesothelioma, even at low levels. 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 over the scientific consensus on asbestos, lawyers are also focusing on other aspects of the cases. They argue, for instance regarding the constructive notice required to submit an asbestos claim. They argue that the victim must have actually been aware of asbestos' dangers in order to be eligible for compensation. They also argue over the proportion of compensation among different types of asbestos-related illnesses. Attorneys for plaintiffs argue that there is a huge public interest in granting compensation to those who suffer from mesothelioma or related diseases. They claim that the companies that created asbestos ought to have been aware about the dangers and should be held accountable.