Asbestos was a widely used building material in the final years of the nineteenth and the early years of the twentieth century. Unfortunately people at the time did not realize the health risks posed by asbestos, particularly to industry workers who came into regular contact with the material. In the 1920s the disease of asbestosis was first identified, and the link with asbestos was firmly established. It is now known that other diseases including mesothelioma, various cancers and pleural plaques are also linked to asbestos.
People who have come into contact with asbestos at work, or in the environment, have often successfully taken legal action against asbestos and construction companies. As the latency for these diseases can be many tens of years, it is expected that asbestos and mesothelioma claim will continue to be filed for the foreseeable future.
The first person who is known to have died from an asbestos related illness was the English textile worker, Nellie Kershaw, who died of pulmonary asbestosis in 1924. Her case was the first ever to be reported in the medical literature. Neither Kershaw nor her surviving relatives ever received any compensation for her illness: the employer denied that asbestosis existed as an established illness.
Nonetheless the Kershaw case was extremely influential. Following the inquest into her death, a British government inquiry was established, which definitively recognized asbestosis as a new disease, which was linked to the inhalation of asbestos dust. Asbestos industry regulations in the UK were established as early as 1932.
Since those early days, many asbestosis and mesothelioma claims have been filed around the world. In the US the largest ever tort case is in progress, with 600,000 claimants and more than 6,000 defendants.
The diseases associated with asbestos can occur many years after the exposure to asbestos fibers. For asbestosis a latency period of 10-20 years has been reported, for mesothelioma the latency is often 20-50 years. This can cause problems in legal cases with apportioning liability. The patient may have been exposed to asbestos in several different workplaces, and it is impossible to identify which one caused the disease.
The long latency can also be a problem in states which have a time limit for bringing compensation cases. Some countries, such as Australia, have amended their laws so that limitations apply from the date that the illness was diagnosed, rather than from the time at which exposure to asbestos dust occurred.
A very large number of people are already dying from asbestos related diseases. In the UK the trades union estimate 5000 deaths per year. In the US the estimate is 10,000 per year, which means one death in 125 men over the age of 50 is caused by asbestos. It is further expected that the death toll will continue to rise in the next decade, and in the courts asbestos and mesothelioma claims will also increase. Many of the companies which have large exposure to liability in asbestos cases have been obliged to file for bankruptcy.
People who have come into contact with asbestos at work, or in the environment, have often successfully taken legal action against asbestos and construction companies. As the latency for these diseases can be many tens of years, it is expected that asbestos and mesothelioma claim will continue to be filed for the foreseeable future.
The first person who is known to have died from an asbestos related illness was the English textile worker, Nellie Kershaw, who died of pulmonary asbestosis in 1924. Her case was the first ever to be reported in the medical literature. Neither Kershaw nor her surviving relatives ever received any compensation for her illness: the employer denied that asbestosis existed as an established illness.
Nonetheless the Kershaw case was extremely influential. Following the inquest into her death, a British government inquiry was established, which definitively recognized asbestosis as a new disease, which was linked to the inhalation of asbestos dust. Asbestos industry regulations in the UK were established as early as 1932.
Since those early days, many asbestosis and mesothelioma claims have been filed around the world. In the US the largest ever tort case is in progress, with 600,000 claimants and more than 6,000 defendants.
The diseases associated with asbestos can occur many years after the exposure to asbestos fibers. For asbestosis a latency period of 10-20 years has been reported, for mesothelioma the latency is often 20-50 years. This can cause problems in legal cases with apportioning liability. The patient may have been exposed to asbestos in several different workplaces, and it is impossible to identify which one caused the disease.
The long latency can also be a problem in states which have a time limit for bringing compensation cases. Some countries, such as Australia, have amended their laws so that limitations apply from the date that the illness was diagnosed, rather than from the time at which exposure to asbestos dust occurred.
A very large number of people are already dying from asbestos related diseases. In the UK the trades union estimate 5000 deaths per year. In the US the estimate is 10,000 per year, which means one death in 125 men over the age of 50 is caused by asbestos. It is further expected that the death toll will continue to rise in the next decade, and in the courts asbestos and mesothelioma claims will also increase. Many of the companies which have large exposure to liability in asbestos cases have been obliged to file for bankruptcy.
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