The History Of Asbestos Litigation
In December 1966, Claude Tomplait filed the first asbestos litigation in Beaumont, Texas, against eleven manufacturers of asbestos-containing insulation products. Tomplait had been diagnosed with asbestosis in July of that year. The case proceeded to trial on May 12, 1969 and a week later the verdict was returned in favor of the manufacturers. In October 1969, another asbestos litigation was filed for one of Mr. Tomplait's co-workers, a man named Clarence Borel. Similarly, Borel was suffering from an asbestos-related disease and again, numerous asbestos manufacturers were the defendants in the asbestos litigation. Unlike the Tomplaint case, the jury returned a verdict for Mr. Borel in the amount of approximately $80,000. With the success of this case, legal battles on behalf of asbestos victims shifted to other parts of the United States. Starting in late 1973, many asbestos litigation cases were filed in many other jurisdictions. Medical and scientific studies had revealed that asbestos-related diseases were not solely confined to those individuals working in asbestos mines and factories. An increasing amount of people are diagnosed to suffer from asbestos-related diseases after they had been exposed to asbestos at sites where asbestos-containing materials were installed. Thus, asbestos litigation presents itself in different ways in different cases. Asbestos litigations have also been carried out by people who had been exposed to asbestos while working in shipyards, refineries, railroads, power plants, and the construction industry. Since asbestos-related diseases do not surface until decades after exposure, experts estimate that asbestos litigation cases will continue to mount at the current rate for some time. The sheer amount of asbestos litigations causes a vast crisis that needs to be addressed as soon as possible. Many analysts point to the overwhelming number of individuals who are filing asbestos litigations and lawsuits, who are not suffering from any asbestos-related diseases. According to a study released by the non-profit research institution, RAND CORPORATION, individuals who are not diagnosed with asbestos-related cancers file an estimated 90% of annual asbestos liability litigation claims. Supreme Court Justice, Stephen Breyer observes, "Up to half of asbestos claims are now being filed by people who have little or no physical impairment". In a scathing report by journalist, Joseph Perkins of the San Diego Times-Tribune, asbestos litigation has been ranked "the biggest racket in American History". Perkins cites an underreported study published in the latest issue of Academic Radiology, where an independent panel of doctors reviewed 492 chest X-rays entered as evidence by trial lawyers in asbestos litigations. The panel found that fewer than 5 percent of the X-rays revealed possible asbestos-related lung damage. This contradicted the results given to the court by doctors that were used as "expert" witnesses in those very asbestos litigations. The sheer numbers and costs of all the asbestos litigation cases have been problematic for everybody involved. Many people believe that it has become far to easy for people who are not yet sick, and may never become ill, to successfully be rewarded. Consequently, asbestos-related litigation has driven at least 70 companies into bankruptcy. These asbestos litigations have cost nearly 60,000 American workers their jobs and $200 million in lost wages, according to a 2002 study by Nobel laureate economist, Joseph Stiglitz. |
