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Asbestos Lawsuit History Since the 1980s, many asbestos-producing companies and employers have declared bankruptcy. Victims are compensated by trust funds for bankruptcy and individual lawsuits. Some plaintiffs have stated that their cases were the subject of suspicious legal maneuvering. A number of asbestos-related cases have been heard before the United States Supreme Court. The court has handled cases involving settlements of class actions, which sought to limit liability. Anna Pirskowski Anna Pirskowski, a woman who passed away in the mid-1900s from asbestos-related ailments was a well-known case. This was a significant event because it triggered asbestos lawsuits being filed against various manufacturers. This, in turn, led to an increase in claims filed by patients diagnosed with mesothelioma, lung cancer, or other illnesses. These lawsuits led to creation trust funds which were used by banksrupt companies to compensate asbestos-related victims. Cicero asbestos attorney allow asbestos victims and their families to receive reimbursement for medical expenses and pain. The asbestos-effected workers often bring the asbestos-containing material home to their families. Inhaling the fibers causes family members to suffer from the same symptoms as their exposed worker. Some of these symptoms include chronic respiratory problems as well as lung cancer and mesothelioma. While asbestos companies were aware asbestos was hazardous, they downplayed the risks and did not inform their employees or consumers. Johns Manville Company actually refused to let life insurance companies into their buildings to place warning signs. Asbestos was found to be carcinogenic in the 1930s according to research conducted by Johns Manville. OSHA was founded in 1971. However, it was only able to regulate asbestos only in the 1970s. At this point, doctors were trying to educate the public about the dangers of exposure to asbestos. These efforts were generally successful. Lawsuits and news articles raised awareness, but many asbestos firms resisted calls for stricter regulation. Despite the fact that asbestos has been banned from the United States, the mesothelioma issue is still a major issue for people across the country. This is because asbestos continues to be found in both businesses and homes, even those built prior to the 1970s. This is the reason it's crucial for individuals who have been diagnosed with mesothelioma or another asbestos-related disease to seek legal advice. An experienced lawyer can assist them in getting the justice they deserve. They will be able to comprehend the complicated laws that apply to this kind of case and ensure that they get the best possible result. Claude Tomplait Claude Tomplait, diagnosed with asbestosis in the year 1966, filed the first lawsuit against asbestos producers. In his lawsuit, he alleged that the manufacturers had failed warn consumers about the dangers of their insulation products. This landmark case paved the way for tens and thousands of similar lawsuits to be filed in the near future. The majority of the asbestos litigation involves claims from people who worked in construction industries that used asbestos-containing products. These include plumbers, electricians, carpenters, drywall installers, and roofers. Some of these workers suffer from mesothelioma and lung cancer. Some 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. The money is used to pay for future and past medical expenses, lost wages, and suffering and pain. It can also pay for funeral and burial costs, and loss of companionship. Asbestos lawsuits have forced a lot of companies into bankruptcy and established asbestos trust funds to pay victims. It has also put an immense burden on federal and state courts. In addition it has sucked up countless hours by lawyers and witnesses. The asbestos litigation was a costly and lengthy process that spanned several decades. However, it was successful in exposing asbestos business executives who had concealed the asbestos facts for years. They were aware of the dangers and pressured workers to not talk about their health problems. After many years of appeal and trial and appeal, the court 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 responsible 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 made the defendants were ordered to compensate the widow of Tomplait, Jacqueline Watson. However Ms. Watson died before the court could make her final verdict. 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 like Borel were starting to complain of breathing problems and thickening of their fingertip tissue, referred to as “finger clubbing.” They filed claims for workers' compensation. The asbestos industry, however, minimized asbestos its health risks. The truth would only become widely known in the 1960s, as more research in medicine connected asbestos exposure to respiratory illnesses such as asbestosis and mesothelioma. Borel sued asbestos-containing insulation material manufacturers in 1969 for not warning about the dangers their products. He claimed that he had mesothelioma and asbestosis as a result of working with their insulation over a period of 33 years. The court ruled that defendants had a responsibility to warn. The defendants claim that they didn't commit any crime because they knew about asbestos' dangers long before 1968. Expert testimony indicates that asbestosis might not be manifest until 15, 20, or even 25 years after exposure to asbestos. If the experts are right the defendants could have been responsible for injuries sustained by other workers who might have developed asbestosis before Borel. Moreover, the defendants argue that they should not be held accountable for the development of Borel's mesothelioma since it was his decision to continue working with asbestos-containing insulation. They ignore the evidence that was gathered by Kazan Law which showed that the defendants' businesses were aware of asbestos' dangers for decades and hid this 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 litigation. Asbestos lawsuits flooded the courts and thousands of workers developed asbestos-related diseases. In the wake of the litigation, many asbestos-related companies filed for bankruptcy and set up trust funds to compensate the victims of their asbestos-related ailments. As the litigation grew, it became apparent that asbestos companies were responsible to the extent of the damage caused by toxic products. The asbestos industry was forced into reforming their business practices. Many asbestos-related lawsuits are settled today for millions of dollars. Stanley Levy Stanley Levy has written a number of articles that have been published in scholarly journals. He has also addressed these topics at a number of legal conferences and seminars. He is an active 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 is a representation firm for more than 500 asbestos plaintiffs across the United States. The firm charges 33 percent plus costs for any compensation it receives for clients. It has secured some of the biggest verdicts in asbestos litigation history, including the $22 million verdict for a mesothelioma patient who worked at the New York City steel plant. The firm is also representing 132 Brooklyn Navy Yard plaintiffs, and has filed lawsuits for thousands of patients suffering from mesothelioma and other asbestos-related illnesses. Despite its success, the firm is being criticized for its involvement in asbestos litigation. It has been accused by critics of propagating conspiracy theory, attacking the jury system, and inflating statistics. In addition, the company has been accused of making fraudulent claims. In response to this the firm has launched an open defense fund and is looking for donations from both corporations and individuals. Another issue is that many defendants are attacking the world-wide scientific consensus that asbestos even at low levels, can cause mesothelioma. They have used money paid by asbestos companies to hire “experts” who published papers in journals of academics to support their claims. Attorneys aren't just disputing the scientific consensus on asbestos, but also looking at other aspects of the cases. For example they are arguing over the constructive notice required to file an asbestos claim. They argue that in order to be qualified for compensation, the victim must actually be aware of asbestos's dangers. They also argue about the compensation ratios for various asbestos-related diseases. Lawyers for plaintiffs argue that there is a significant interest in compensating people who have suffered mesothelioma or related diseases. They argue that asbestos-producing companies should have been aware of the risks, and that they must be held responsible.