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Asbestos Lawsuit History Since the 1980s, many asbestos-producing companies and employers have been bankrupted. Victims are compensated by bankruptcy trust funds and through 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 class action settlements that attempted to limit liability. Anna Pirskowski Anna Pirskowski, a woman who died in the mid-1900s from asbestos-related illnesses was a notable case. It was a significant case because it triggered asbestos lawsuits being filed against a variety of manufacturers. This led to an increase in claims from people suffering from mesothelioma, lung cancer or other ailments. The lawsuits against these companies led to the creation of trust funds, which were used by banksrupt companies to pay for asbestos-related victims. These funds also permit asbestos victims and their families to receive compensation for medical expenses and suffering. In addition to the numerous deaths that are linked to asbestos exposure, people who are exposed to the material often bring it home to their families. Inhaling the fibers causes family members to experience the same symptoms as their exposed workers. These symptoms include chronic respiratory issues mesothelioma, lung cancer and lung cancer. Many asbestos companies were aware that asbestos was a risk, but they hid the dangers, and chose not to inform their employees or customers. Johns Manville Company actually refused to allow life insurance companies into their buildings to install warning signs. Asbestos was found to be carcinogenic in the 1930s, according to research conducted by Johns Manville. OSHA was founded in 1971 but began to regulate asbestos in the 1970s. By this time doctors were working to inform the public about the dangers of exposure to asbestos. These efforts were generally successful. Lawsuits and news articles raised awareness, however many asbestos firms resisted demands for a more strict regulation. Despite the fact that asbestos is banned in the United States, mesothelioma continues to be a major issue for all Americans. This is due to asbestos continuing to be present in businesses and homes even those constructed prior to the 1970s. It is important that individuals diagnosed with mesothelioma, or any other asbestos-related disease get legal advice. An experienced attorney can assist them in getting the justice they deserve. They will be able to know the complicated laws that apply to this kind of case, and will ensure that they get the most favorable outcome. Claude Tomplait In 1966, Claude Tomplait was diagnosed with asbestosis. He then filed his first lawsuit against asbestos-related product manufacturers. His lawsuit alleged that they failed to warn of the dangers associated with their insulation products. This landmark case paved the way for tens and thousands of similar lawsuits to be filed in the future. The majority of the asbestos litigation involves claims by workers in the construction industry and used asbestos-containing products. Carpenters, electricians, plumbers and plumbers are among the people who have been affected. Some of these workers suffer from mesothelioma as well as lung cancer. Some of them are seeking compensation in the case that their loved ones have passed away. Millions of dollars may be awarded in damages in a suit against the maker of asbestos products. The money is used to pay for past and future medical expenses, lost wages, and suffering and pain. It also pays for travel expenses, funeral and burial costs, as well as loss of companionship. Asbestos lawsuits have forced many companies to bankruptcy and established asbestos trust fund to compensate victims. It has also placed a strain on federal and state courts. In addition, it has consumed countless hours by lawyers and witnesses. Westminster asbestos attorney was a lengthy and costly process that spanned decades. The asbestos litigation was a long and costly process that spanned years. However, it was successful in uncovering asbestos executives who had hid the truth about asbestos for many years. These executives were aware of the risks and pressured workers not to speak out about their health problems. After years of appeals, trial and court rulings in favor of Tomplait. The court's ruling was taken from an edition of 1965 of the Restatement of Torts that states, “A manufacturer is liable for injury to a user or consumer of his product when the product is sold in a defective condition not accompanied by adequate warning.” After the verdict was made, the defendants were ordered to compensate the widow of Tomplait, Jacqueline Watson. Watson passed away before her final award was given by the court. Kazan Law offered to appeal the Appellate Court decision to the California Supreme Court. Clarence Borel Workers' compensation claims were filed by asbestos insulators like Borel in the late 1950s. They complained of respiratory issues and a thickening of the fingertip tissue (called “finger clubbing”). The asbestos industry, however, brushed aside asbestos its health risks. The truth would only be more widely known in the 1960s, when more medical research linked asbestos to respiratory ailments such as asbestosis and mesothelioma. In 1969, Borel sued manufacturers of asbestos-containing insulation materials for not warning about the risks of their products. He claimed he had developed asbestosis and mesothelioma as a result of working with their insulation for 33 years. The court ruled that defendants were required to warn. The defendants claim that they did not breach their duty to warn since they were aware or ought to have been aware of the dangers associated with asbestos long before 1968. They point to expert testimony that asbestosis does not manifest itself until fifteen, twenty, or even twenty-five years after initial exposure to asbestos. However, if these experts are correct 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 should not be held accountable for the development of Borel's mesothelioma because it was his choice to continue working with asbestos-containing insulation. Kazan Law gathered evidence that showed the defendants' companies were aware of asbestos risks and suppressed the information for decades. Although the Claude Tomplait case was the first asbestos class action lawsuit, the 1970s saw an explosion of asbestos-related litigation. Asbestos-related lawsuits flooded the courts and a multitude of workers were diagnosed with asbestos-related diseases. In response to the litigation asbestos-related companies went under. Trust funds were established to pay compensation for asbestos-related illnesses. As the litigation progressed it became evident that asbestos-related companies were responsible for the harm caused by their harmful products. Consequently the asbestos industry was forced to change the way they operated. 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 given talks on these topics at various legal conferences and seminar. He is a member 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 United States. The firm charges a fee of 33 percent plus costs for the compensations it receives for its clients. It has won some the largest settlements in asbestos litigation history including the $22 million verdict for a man suffering from mesothelioma who worked at an New York City steel plant. The firm is also representing 132 Brooklyn Navy Yard plaintiffs, and it has filed claims for thousands of people with mesothelioma and 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. Additionally, the company has been accused of pursuing fraudulent claims. In response, the firm created a public defense fund and is currently seeking donations from private individuals as well as companies. Another issue is the fact that a lot of defendants are attempting to undermine the scientific consensus worldwide that asbestos, even at low levels can cause mesothelioma. They have used funds paid by asbestos companies to pay “experts” to publish papers in academic journals that support their claims. In addition to arguing over the scientific consensus on asbestos, attorneys are focused on other aspects of the cases. They are arguing, for example, about the constructive notification required to make an asbestos claim. They argue that to be qualified for compensation, the victim must actually have known about asbestos' dangers. They also argue over the compensation ratios for different asbestos-related diseases. Lawyers for plaintiffs claim there is a significant interest in compensating people who have been affected by mesothelioma and related diseases. They argue that the companies that created asbestos ought to have been aware about the dangers and should be held accountable.