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Asbestos Lawsuit History Since the 1980s, numerous asbestos-producing businesses and employers have been bankrupted. Victims are compensated through trust funds for bankruptcy as well as through individual lawsuits. Some plaintiffs have reported that their cases were the subject of suspicious legal maneuvering. Many asbestos-related cases have gone before the United States Supreme Court. The court has heard cases involving class action settlements 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. South Bend asbestos lawyer was a significant incident because it led to asbestos lawsuits being filed against various manufacturers. This in turn sparked an increase of claims from patients suffering from mesothelioma, lung cancer, or other diseases. These lawsuits led the way to trust funds created by the government which were used by companies that went bankrupt to compensate asbestos-related victims. These funds also allow asbestos victims and their families to receive compensation for medical expenses and suffering. Workers exposed to asbestos often bring the asbestos-containing material home to their families. Inhaling the fibers causes the family members to experience the same symptoms as their exposed counterparts. Some of these symptoms include chronic respiratory problems lung cancer, mesothelioma. Although many asbestos companies were aware asbestos was hazardous however, they minimized the risks and refused to warn their employees or customers. Johns Manville Company actually refused to allow life insurance companies to enter their buildings to install warning signs. The company's own research, meanwhile, showed asbestos' carcinogenicity as early as the 1930s. OSHA was established in 1971 but began to regulate asbestos in the 1970s. By this time, doctors and health experts were already trying to warn people to the dangers of asbestos. The efforts were generally successful. News articles and lawsuits started to raise awareness, but many asbestos companies were resistant to stricter regulations. Despite the fact that asbestos is banned in 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. It is essential that those diagnosed with mesothelioma, or any other asbestos-related disease seek legal advice. An experienced attorney can help them get the amount of compensation they are entitled to. They will be able to understand the complex laws that govern this kind of case, and can make sure that they get the best possible result. Claude Tomplait Claude Tomplait, diagnosed with asbestosis in 1966, filed the first lawsuit against asbestos manufacturers. In his lawsuit, he alleged that the manufacturers failed to warn of the dangers associated with their insulation products. This important case triggered the floodgates of thousands of similar lawsuits, which continue to be filed. The majority of asbestos lawsuits are brought by people who have worked in the construction industry and employed asbestos-containing products. These include electricians, plumbers, carpenters, plumbers, drywall installers, and roofers. Some of these workers are suffering from mesothelioma, lung cancer and other asbestos-related ailments. Some of them are seeking compensation in the case that their loved ones have passed away. Millions of dollars may be awarded as damages in a suit against the manufacturer of asbestos-related products. These funds are used to pay past and future medical costs loss of wages, pain and suffering. The money can also be used to pay for travel costs funeral and burial costs, and loss of companionship. Asbestos lawsuits have forced many companies to bankruptcy and established asbestos trust funds to compensate victims. It has also placed pressure on state and federal courts. It has also consumed countless hours of witnesses and attorneys. The asbestos litigation was a costly and long-running process that took several decades. But, it was successful in exposing asbestos business executives who had concealed the truth about asbestos for decades. These executives knew of the dangers and pushed employees to conceal their health issues. After many years of trial, appeal and court rulings in Tomplait's favor. The court's decision was based on the 1965 edition of Restatement of Torts, which states that “A manufacturer is responsible for injury to an end-user or consumer of its product if it is sold in a defective condition without adequate warning.” Jacqueline Watson, Tomplait's wife, was awarded damages by the court following the verdict. Watson passed away before the final decision could be determined 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 late 1950s asbestos insulators like Borel were starting to complain of breathing issues and thickening of their fingertip tissue, which was referred to as “finger clubbing.” They filed worker's compensation claims. However, the asbestos industry downplayed the health risks associated with asbestos exposure. In the 1960s, more medical research began to link asbestos with respiratory diseases like asbestosis and mesothelioma. In 1969, Borel sued manufacturers of asbestos-containing insulation materials for not warning about the risks of their products. He claimed that he contracted mesothelioma and asbestosis as a result of working with their insulation for 33 years. The court ruled that the defendants were required to warn. The defendants argue that they didn't commit any crime because they knew about the dangers of asbestos long before 1968. They cite testimony from experts that asbestosis does not manifest its symptoms until fifteen or twenty, or even 25 years after the initial exposure to asbestos. However, if these experts are correct and the defendants are found to be negligent, they could have been held responsible for the injuries sustained by other workers who may have been affected by asbestosis earlier than Borel. Furthermore, the defendants claim that they shouldn't be held accountable for Borel's mesothelioma because it was his choice to continue to work with asbestos-containing insulation. But they do not consider the evidence collected by Kazan Law which showed that the defendants' companies knew of the asbestos risks for decades and suppressed this information. The 1970s saw a rise in asbestos-related litigation, despite the Claude Tomplait class action case being the first. Asbestos-related claims flooded the courts and a large number of workers were diagnosed with asbestos-related illnesses. In response to the lawsuit asbestos-related businesses, they went into bankruptcy. Trust funds were set up to compensate victims of 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 substances. Therefore the asbestos industry was forced to reform how they operated. 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 academic research. He has also spoken on these topics at a variety of legal conferences and seminar. He is an active member of the American Bar Association and has been on numerous committees that deal with mesothelioma, asbestos and mass torts. The firm he runs, Levy Phillips & Konigsberg represents more than 500 asbestos victims across the country. The firm charges 33 percent plus costs for compensation it obtains for clients. It has won some the biggest 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 a multitude of patients suffering from mesothelioma or other asbestos-related illnesses. Despite this success, the company is now being criticized more frequently for its involvement in asbestos lawsuits. It has been accused by critics of promoting conspiracy theory, attacking the jury system, and inflated 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 seeking donations from individuals and corporations. Another issue is the fact that a number of defendants are challenging the scientific consensus worldwide that asbestos even at very low levels can cause mesothelioma. They have resorted to money paid by the asbestos industries to hire “experts” who published papers in journals of academics to back their arguments. In addition to fighting over the scientific consensus regarding asbestos, attorneys are focusing on other aspects of the case. For instance, they are arguing about the necessity of a constructive notice to file a claim for asbestos. They argue that the victim must have actually been aware of asbestos's dangers in order to receive compensation. They also dispute the compensation ratios for various asbestos-related diseases. The attorneys for plaintiffs argue that there is a huge public interest in granting compensatory damages for people who suffer from mesothelioma or related diseases. They argue that the companies that produced asbestos should have been aware about the dangers and should be held accountable.