Asbestos Lawsuit: Asbestos Claimants vs. Sellers of Products Containing Asbestos

Case ID: 408 | Consumer Products | 06/22/2004
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Have you been diagnosed with an asbestos related injury such as mesothelioma or lung cancer?

Asbestos Causes Mesothelioma and Lung Cancer

Kahn Gauthier Swick is investigating possible Asbestos lawsuit on behalf of persons harmed by exposure to asbestos. It is estimated that half a million lawsuit have been filed to recover for injuries and deaths resulting from asbestos. Most of these lawsuit have been brought against manufacturers and distributors of materials or products that contained asbestos. Some of the lawsuit have been filed against the owners of mines where workers were exposed to asbestos in their employment. All of these lawsuit seek compensatory damages for the injury or death caused by asbestos, and many seek punitive damages as well.

The dangers of asbestos have been recognized for a long time. In 1906, 50 deaths were linked to asbestos dust from a weaving mill. Yet asbestos was widely used in construction, particularly in public buildings and naval shipyards, until the 1970's. While the Environmental Protection Agency can regulate asbestos in the environment, the EPA is generally unable to regulate consumer exposure to asbestos because of a 1991 lawsuit by U.S. and Canadian asbestos companies.

Asbestos Lawsuit

Asbestos is a mineral. It is mined in much the same way that other minerals are. There are many varieties of asbestos; the three most common are chrysotile Asbestos, amosite Asbestos, and crocidolite Asbestos. The first commercial asbestos mine opened in Quebec, Canada, in the 1870's. Unlike most minerals, which turn into dust particles when crushed, asbestos breaks up into fine fibers that are too small to be seen by the human eye. When Asbestos is left intact and undisturbed, these Asbestos materials generally do not pose a health risk. There is a serious potential for health damage when the asbestos fibers become airborne and are inhaled. These microscopic Asbestos fibers can severely damage the lungs.

One study estimated that 3,000 different types of commercial products contained asbestos. Asbestos was first used in the United States in the early 1900's, but it was not until the early 1940's that Asbestos was used extensively. Health hazards from asbestos dust have been recognized among workers exposed in shipbuilding trades, asbestos mining, asbestos manufacturing, insulation work, automotive brake repair, electrical workers, welders, plumbers, HVAC workers, roofers, and other trades.

Family Members May Be At Risk

There is evidence that the family members of people who worked with asbestos face an increased risk of developing asbestos-related diseases. This is thought to be a result of exposure to asbestos dust brought into the home on the shoes and clothing of workers.

Asbestos Lawsuit

The lawsuits to recover for asbestos injuries are being filed in state and federal courts across the country. Most of the lawsuits brought in federal court have been transferred to one federal court in Pennsylvania. There, those lawsuits have been combined into one huge and very complex lawsuit litigation. That court has ruled that, at least for the time being, the court will consider only compensatory damages claims, and will not address lawsuit claims for punitive damages.

Our full article contains more information about the Asbestos lawsuit.


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