A Brief History of Asbestos Litigation

Most people assume that it was in the 1970s that experts realized asbestos was dangerous. The truth is that scientists knew asbestos was harmful as early as the 1930s. Of course, it would be decades before Congress or other lawmakers passed laws prohibiting the use of this dangerous toxin. It was in the 1970s that plaintiffs filed class action lawsuits for asbestos exposure.

One of the unique things about asbestos litigation is that many people don't realize they're sick until years after exposure. It can take years before the diseases become clear. People who worked with asbestos 10 or 20 years ago are just now learning they have mesothelioma and other asbestos-related illnesses.

From a legal perspective, this makes things difficult. This is especially true as it relates to statute of limitations issues. Your personal injury attorney has limited time to file your tort claim. If you miss that window, the judge will dismiss your case. The defendant can file a motion for summary judgment. The opposing counsel can claim that the judge should dismiss the lawsuit as a matter of law because it was not filed in time.

Here, we'll offer a brief history of asbestos litigation. We'll also provide a background on these cases and discuss major asbestos lawsuits.

When Reports of Asbestos Dangers Began

Experts first confirmed the dangers of asbestos in the 1930s. By the 1920s, employers became aware that their workers were at risk of developing asbestos-related diseases. Even the federal government suppressed information about asbestos exposure during World War II. Rather than open itself to liability from shipyard workers, the government downplayed the health risks of asbestos.

As the number of people hurt by asbestos increased, the federal courts created rules for class action lawsuits. This happened in 1966 when the Federal Rules of Civil Procedure carved out exceptions for these claims.

In the 1970s, the Occupational Safety Health Administration (OSHA) and the Environmental Protection Agency (EPA) implemented regulations governing the use of asbestos.

How the Government Stepped In

You might think the government would've taken measures to protect the American people from asbestos much earlier than the 1970s. There was evidence that asbestos caused lung disease, cancer, and mesothelioma long before then.

While federal and state laws didn't wholly ban asbestos-containing products, they did regulate the use of this dangerous substance. For example, industries that use asbestos in California must follow the rules outlined in Title 8 of the California Code.

New York passed asbestos regulations that offer greater protection to residents and workers than federal law. The New York State Asbestos Law (Industrial Code Rule 56) creates strict rules for the handling and use of asbestos fibers.

Like California and New York, most other states have specific laws and ordinances on asbestos liabilities.

Early Asbestos Litigation

In 1929, Anna Pirskowski filed the first asbestos lawsuit in the U.S. She worked at the Johns-Manville Corporation. The plaintiff's attorney represented 15 other plaintiffs in that lawsuit.

While there is little information on the 1929 case, later cases filed against the Johns-Manville Corporation led to the first asbestos bankruptcy trust. Nearly 50 years after Pirskowki sued the company, it filed Chapter 11 bankruptcy due to many asbestos lawsuits.

The bankruptcy court demanded that the defendant create a trust to compensate future asbestos victims. This trust, known as the "Manville Trust," was the first of more than 60 trusts created to protect and pay tens of thousands of asbestos plaintiffs.

Asbestos Claims Gain Traction

Asbestos claims gained traction in the late 1960s and '70s. Clarence Borel filed the first successful claim against an employer in 1969. He had worked around asbestos for more than 30 years when his doctor diagnosed him with asbestosis.

Borel sued his employer, Fibreboard Paper Products, for damages caused by asbestos exposure. He argued that the company knew asbestos was dangerous for its employees but didn't warn or protect them.

Sadly, Borel died before his trial was over. The jury awarded his family close to $80,000 in damages. This case inspired thousands of other plaintiffs to sue their employers and product manufacturers.

New Medical Advances and Asbestos Case Law

A lot happened in the early 2000s to help asbestosis and mesothelioma patients. Studies on asbestos and lung cancer, in general, became more popular. There was also more knowledge of how asbestos spreads, leading to legal changes.

This new information led to more types of asbestos lawsuits. For example, in 2018, nearly two dozen women sued Johnson & Johnson after using their talc-based products. The plaintiffs argued that the talc contained asbestos in the company's Shower to Shower and baby powder. This caused these women to develop ovarian cancer.

The jury in this mass tort action found for the plaintiffs, awarding them $4.7 billion in damages. More than $4 billion of the award came as punitive damages.

This was just one of the many cases plaintiffs filed against various asbestos defendants. We will discuss some of the significant asbestos cases below.

Major Asbestos Awards and Settlements

There's no way to list all the major asbestos lawsuits. But there are a few cases worth mentioning.

2011: Walter Koczur v. Goodyear Tire and Rubber Company

Walter Koczur worked as a steamfitter for Goodyear for years. Unbeknownst to the plaintiff, he worked near asbestos the whole time there. In 1988, he and another employee died of lung cancer caused by asbestos exposure. Their families sued the company. The New York Supreme Court ruled in favor of the plaintiffs, awarding them $22 million in damages.

2014: Robert Whalen v. John Crane Inc.

Robert Whalen and his wife sued his employer, John Crane Inc. after they developed mesothelioma. Whalen worked with packing materials and gaskets containing asbestos dust. He brought the dust home with him, thereby exposing his wife. He sued his employer in 2014. The court ruled in the plaintiff's favor and awarded the wife $30 million in loss of consortium. The court also awarded the parties $40 million in punitive damages.

2017: Robaey v. Air Liquid Systems, et al.

The plaintiff, William E. Robaey, and his wife worked in the environmental services department at the same hospital. Both worked with and near asbestos during their tenure. They sued their employer for damages. The courts awarded them $75 million. They argued that the company failed to warn employees and consumers about the dangerous asbestos exposure.

2022: Ralph Hutt v. W.R. Grace and Company

Hutt filed his lawsuit in the Montana District Court. He worked for W.R. Grace, a mining company in Libby, Montana. The plaintiff helped mine vermiculite mixed with asbestos for two years in the 1960s. He wasn't diagnosed with asbestosis until 2022. At that time, he sued his employer. The court awarded him $36.5 million. The company soon went bankrupt. The court forced W.R. Grace and Company to set up a trust for future claimants. This is one of the largest trusts still existing today.

Seek Legal Help if You're Diagnosed with an Asbestos-Related Disease

If you or your loved one develop cancer, mesothelioma, or other asbestos-related disease, you may have a legal claim. Contact an experienced personal injury attorney immediately and schedule your free case evaluation.