Asbestos Injury Our Legal History

by on April 26, 2010

asbestos injury

asbestos injury

Asbestos dates back to ancient Egypt. However the effects we see today is largely a result of asbestos use in the industrial revolution.  In 1828 the first United States patent was issued for asbestos. Production of large commercial buildings and railways increased and so did the amount of asbestos jobs.

In 1900 a doctor in London discovered asbestos fibers in a dead textile worker who died of pulmonary fibrosis, an asbestos injury. Ten years later there was a report by the U.S Bureau of Labor Statistics showing abnormal early death in asbestos workers. By 1920 there was enough evidence of asbestos related work injuries that Prudential Insurance refuses to cover asbestos workers. By 1926 the Massachusetts Industrial Accidents Board start the first workers compensation claim from asbestos injury.

The 1930’s proved asbestos companies were aware of the dangers of asbestos. Johns-Manville released a document for internal company use only, discussing deaths from asbestos exposure. In 1932 the U.S Bureau of Mines sent a notice to Eagle-Picher calling asbestos, one of the most dangerous dusts known to man.

1933 Metropolitan Life insurance company doctors reported 29% of workers for Johns-Manville have asbestosis. Johns-Manville settles with 11 employees.  Later that year Johns-Manville and Raybestos-Manhattan edit the doctor’s report from Metropolitan Life Insurance Co. so asbestos appears less dangerous.  The following year asbestos companies sponsor research on the dangerous of asbestos and take full control of disclosing the results. This report is later released in 1951 where the companies eliminated all references to asbestos causing cancer.

Meanwhile 1931 England adopted regulations for reducing asbestos exposure to workers. 1942- Ownes-Corning’s internal company memo discusses lung cancer caused my asbestos. 1949 Exxon internal memo states asbestos causes lung cancer to exposed employees. In 1964 Journal of the American Medical Association publishes a study of asbestos workers saying people who are pre exposed to asbestos are more likely then normal to have asbestosis, lung cancer and mesothelioma.

1966 in Beaumont Texas first liability lawsuit is filed by sick workers against 11 asbestos makers, asbestos injury receives no justice when workers lose to asbestos companies.

In 1970 Congress approves Clean Air Act-making regulations possible for asbestos to be considered a hazardous air pollutant by the EPA. This allowed for real regulation of asbestos.

In 1978 Judge rules there has been a conscious effort by some companies to hide information about the hazards of asbestos since the 1930’s. This opens the gates for lawsuits and for asbestos injury compensation.

1986-Congress passes The Asbestos Emergency Response Act. Which will tighten asbestos exposure.

1989-EPA places to phase out and ban most products containing asbestos. 1991 Federal appeals court in New Orleans overturns asbestos ban.

1999-Florida Supreme Court rules that the Owens corning company withheld the dangers of asbestos to their workers.

2001- World Trade Center attack results in large amount of airborne asbestos. The results of this asbestos exposure are still unknown.  In the decades to come it is possible to see a new group of people who have an asbestos injury. Illnesses amongst police officers, fireman, volunteers and the people who lived in Manhattan during exposure could be the next group of asbestos victims.

Fairness in Asbestos Injury Resolution Act never became a law. The Fairness in Asbestos Injury and Resolution Act was a failed attempt to handle the mounting asbestos claims. However, this would affect the amount of compensation and in time funds would run out completely.  The funding comes from asbestos companies and their insurance companies, once they have paid into the trust they no longer have to compensate injuries. Generally, this would dramatically reduce compensation and it is beneficial for anyone with an asbestos personal injury that this never becomes a law.

Asbestos Injuries from the 9/11. World Trade Center contained asbestos.

Christie Todd Whitman, (EPA) Administrator testifies in court. House judurousis sub committee on the constitution civil rights and civil liberties. New York Congressmen Jerrold Nadler called the hearing. The Bush White house did not release information of poisonous air. This is a very informative 10 minute clip.

Christie Todd Whitman (EPA) 0-3:30
Defends her position and cause of action.

Jerrold Nadler 3:55-5:50
Blames White House and other officials for not notifying the public. He quotes documents that prove withholding of information that could have saved lives. He also questions Christie Todd Whitman and she does not answer his questions.

John Henshaw 7:02-7:50
Former OSHA head questioned

45 second clip of Christie Whitman assuring air is safe right after 9/11.

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