Mesothelioma Information

Asbestos litigation has experienced a number of substantive changes over the course of the last thirty years. One estimate suggests that throughout the twentieth century, more than 100 million Americans were exposed to asbestos in an occupational setting.  Asbestos product manufacturers and related entities are liable for asbestos-related injuries because of the fact that they were aware of the hazards associated with asbestos exposure, yet chose not to adequately warn or protect employees for fear of putting a dent in profits.  This callous act is viewed by many to be the greatest occupational disaster in the history of the United States.

Asbestos litigation was born out of the desire to provide compensation for asbestos injury victims and their families, whilst at the same time punishing the companies responsible for mass-exposure; after all, why should asbestos product manufacturers retain the profits they attained at the cost of employee health and safety?

The first asbestos litigation case was brought against 11 asbestos product manufacturers (including Johns-Manville, Fibreboard & Owens Corning Fiberglass) on December 10th, 1966 in Beaumont, Texas. The plaintiff had been diagnosed with a severe case of asbestosis in July of 1966 after having been faced with exposure to asbestos materials and products for years through an occupational setting.  It took the court a little less than a week to rule in favor of the defendants; however, the lawyer litigating the case would not be dissuaded.

Three years after the initial defeat, the same lawyer filed another asbestos lawsuit on behalf of a coworker of his 1966 client. The case, Borel vs. Fibreboard Paper Products Corporation, went to trial in October of 1969. This time, the court ruled in favor of the plaintiff, awarding him an incredible $79,000 in compensation (nearly half a million dollars today).  This was to be the first time that asbestos product manufacturers would be held accountable for their failure to warn employees of the dangers associated with asbestos exposure.  The claim would serve as a springboard for a slew of asbestos litigation cases. By 1980, more than 16,000 asbestos-related claims had been filed, making asbestos litigation the largest area of product liability litigation.

As of 2002, more than 730,000 asbestos-related lawsuits had been filed against more than 8,400 liable entities, costing an approximate total of $70 billion. A study conducted by the nonprofit RAND Institute for Civil Justice estimates that the eventual cost of asbestos litigation will exceed $200 billion.

Asbestos Litigation and Bankruptcy

Asbestos litigation was initially dealt with through the federal court system because cases were limited in number. Over time, asbestos litigation grew as a result of increased public awareness over the hazards associated with asbestos exposure, requiring a shift from the federal court system down to the state court system.  Today, asbestos litigation is handled through bankruptcy court because most of the liable asbestos product manufacturers have long since filed for Chapter 11.

Between 1970 and 2000, approximately 37 companies having significant liabilities related to asbestos exposure were driven to bankruptcy after successive verdicts affirmed their liability. Between 2000 and 2004, 36 such companies were driven to bankruptcy.

Reforming Asbestos Litigation

With all of the original asbestos companies having been driven to bankruptcy, asbestos litigation has been forced to focus its efforts on entities with peripheral connections to asbestos product manufacturers.  While many experts believe that the 1990s saw the peak of asbestos-related injuries and claims, many suggest otherwise, believing that the worst is yet to come.

Concerns have been raised about whether future asbestos injury victims will be able to receive compensation. Some believe that the current rate of asbestos litigation could potentially "dry up the well" in terms of generating sources through which to receive restitution.

Reforming asbestos litigation has proven a difficult task as it requires the acceptance of plaintiff attorneys, liable entities and insurance companies.  The most recent attempt at reform has been Congress' Fairness in Asbestos Injury Resolution Act (2005) legislation that would establish a $140 billion trust fund through which asbestos victims would be compensated.  As of September 2007 it appears that the  "FAIR" act is dead.  No other legislation has been submitted to replace it.portant questions. Our toll free telephone number is 800 933-2244.  We look forward to helping you.