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Asbestos Lawsuit History Since the 1980s, a number of asbestos-producing businesses and employers have gone bankrupt and the victims are compensated through bankruptcy trust funds and individual lawsuits. Some plaintiffs have complained about suspicious legal actions in their cases. Several asbestos-related cases have gone before the United States Supreme Court. The court has dealt with cases that involved settlements of class actions that sought to limit liability. Anna Pirskowski In the mid-1900s, a lady named Anna Pirskowski suffered from asbestos-related diseases and died. Her case was significant because it prompted asbestos lawsuits against a variety of manufacturers and helped spark an increase in claims filed by people who were diagnosed with mesothelioma, cancer of the lung, or other diseases. The lawsuits against these companies resulted in the creation of trust funds, which were used by companies that have gone bankrupt to compensate asbestos-related victims. These funds also allow asbestos victims and their family members to receive compensation for medical expenses and suffering. The asbestos-effected workers often bring the material home to their families. When this happens, the family members inhale the fibers and experience the same symptoms similar to those who were exposed. These symptoms include chronic respiratory problems mesothelioma, lung cancer, and lung cancer. While asbestos companies were aware asbestos was a risk however, they minimized the risks and refused 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. Asbestos was identified as carcinogenic in the 1930s according to research conducted by Johns Manville. The Occupational Safety and Health Administration (OSHA) was founded in 1971, however, it didn't start to regulate asbestos until the 1970s. By the time it was formed, doctors and health experts were already trying to alert the public to the dangers of asbestos. These efforts were generally successful. Lawsuits and news articles were launched to increase awareness however, many asbestos companies resisted the call for stricter regulations. Despite the fact that asbestos is banned in the United States, mesothelioma continues to be a serious problem for people across the country. Asbest is still found in commercial and residential buildings even in buildings built prior to the 1970s. Clifton asbestos lawsuits is why it's essential for those diagnosed with mesothelioma or an asbestos-related disease to seek legal assistance. An experienced lawyer will assist them in obtaining the justice they deserve. They will be able understand the intricate laws that apply to this particular case and make sure they receive the most favorable result. Claude Tomplait In 1966, Claude Tomplait was diagnosed with asbestosis. He filed the first lawsuit against asbestos-related manufacturers of products. The lawsuit claimed that the manufacturers did not warn consumers of the dangers posed by their insulation products. This crucial case opened the way for thousands and tens of thousands of similar lawsuits to be filed in the near future. Most asbestos lawsuits are brought on behalf of people who have worked in the construction industry and used asbestos-containing materials. These people include electricians, plumbers, carpenters, plumbers as well as drywall installers and roofers. Some of these workers are currently suffering from mesothelioma, cancer of the lung, and other asbestos-related diseases. Some of these workers are also seeking compensation in the event that loved ones have passed away. Millions of dollars could be awarded as damages in a suit against a manufacturer of asbestos products. These funds can be used to pay for past and future medical costs, lost wages and pain and suffering. This money can also be used to pay for travel expenses funeral and burial costs, and loss companionship. Asbestos litigation has forced many businesses into bankruptcy and created asbestos trust funds to compensate victims. The litigation has also put a strain on federal and state courts. In addition, it has consumed countless man-hours by attorneys and witnesses. The asbestos litigation was a lengthy and costly process that stretched over decades. However, it was ultimately successful in exposing asbestos business executives who hid the asbestos truth for decades. They knew about the dangers, and they pressured workers to not talk about their health problems. After many years of hearings and appeals, the court decided 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 any injury suffered by the consumer or user of his product if the product is sold in a defective state 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 given 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 a thickening of the fingertip tissue (called “finger clubbing”). However, asbestos companies hid the health risks associated with asbestos exposure. In the 1960s, more medical research began to link asbestos with respiratory illnesses like mesothelioma and asbestosis. Borel sued asbestos-containing insulation manufacturers in 1969 for failing to warn about the dangers their products could pose. He claimed he was diagnosed with mesothelioma and asbestosis as the result of working with their insulation for a period of 33 years. The court ruled that the defendants had a responsibility to warn. The defendants argue that they did not commit any wrongdoing because they knew about asbestos's dangers well before 1968. Expert testimony suggests that asbestosis may not appear until 15 to 20 years, or even 25 years after asbestos exposure. However, if these experts are right and the defendants are found to be negligent, they could have been held accountable for the injuries of other workers who might be suffering from asbestosis before Borel. The defendants also argue that they aren't responsible for Borel’s mesothelioma, as it was his decision to continue working with asbestos-containing substances. They ignore the evidence gathered by Kazan Law which showed that the defendants' firms were aware of asbestos' dangers for decades and hid 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-related lawsuits flooded the courts and thousands of asbestos-related illnesses were contracted by workers. As a result of the litigation, many asbestos-related companies went bankrupt and set up trust funds to compensate victims of their asbestos-related ailments. As the litigation grew, it became clear that the asbestos companies were responsible for the harm caused by their toxic products. The asbestos industry was forced into reforming their business practices. Today, a number of asbestos-related lawsuits have been resolved for millions of dollars. Stanley Levy Stanley Levy has written a number of articles that have been published in journals of scholarly research. He has also addressed the subject at numerous seminars and legal conferences. He is a member the American Bar Association, and has served in various committees focusing on mesothelioma and asbestos. The firm he runs, Levy Phillips & Konigsberg represents more than 500 asbestos victims across the United States. The firm charges a fee of 33 percent plus costs for compensations it obtains for its clients. It has won some of the largest verdicts in asbestos litigation, including a $22,000,000 settlement for a mesothelioma sufferer who worked at the New York City Steel Plant. The firm represents 132 Brooklyn Navy Yard Plaintiffs and has filed claims on behalf of thousands of patients suffering from mesothelioma or other asbestos-related illnesses. Despite this success, the firm is being criticized more frequently for its involvement in asbestos lawsuits. It has been accused of promoting conspiracy theories, attacking the jury system, and manipulating statistics. Additionally, the company has been accused of pursuing fraudulent claims. In response, the firm has launched a public defense fund and is seeking donations from corporations and individuals. Another issue is that a lot of defendants are attempting to undermine the worldwide consensus of science that asbestos even at low levels can cause mesothelioma. They have used money paid by the asbestos industry to hire “experts” who have published papers in journals of academic research to support their arguments. Attorneys aren't only fighting over the scientific consensus on asbestos, but are also looking at other aspects of the cases. For instance, they are arguing about the constructive notice required to file an asbestos claim. They argue that the victim must have had actual knowledge of the dangers of asbestos to be eligible for compensation. They also argue over the compensation ratios for different asbestos-related diseases. Lawyers for plaintiffs argue that there is a substantial interest in compensating those who have suffered mesothelioma or related diseases. They argue that asbestos-producing companies should be aware of the risks, and that they must be held accountable.