There was a recent $35 million dollar settlement for the past employees of a textile company in Lexington Kentucky. This was only a partial asbestos settlement as there are over 850 employees that are involed in this class action lawsuit and as is the case with many asbestos exposre related cases - there are many companies involved.
What has happened in the law profession over the last 30 years is people have looked back on trends with illness, sickness and death of thousands of former employees of companies - most notably, manufacturing type companies where people were exposed to asbestos related material that could lead to mesothelioma, lung cancer, asbestosis and other illnesses.
As these case histories were looked at, a case can then be built. As there may be hundreds of willing victims and families looking for settlement justice, building a case is far more complicated. Since many of these companies used material from dozens of other companies, where the blame or real fault lies can be tough to prove. Also, many of these firms are no out of business. Sometimes these corporations who were accused of making and selling asbestos tainted material have been sued into bankruptcy. The proof of coming up with settlements or a guilty verdict on a class action basis is not only proof of the material but also proof of being in neglect or malice.
Since the dangers of asbestos material has only been really known since the 1970's, each lawsuit must be aware of when and if true deception or negligence was used during the period where employees or other public people were victims and deserving of class action payouts.
This was alos an issue with the merchant marines. During and after world war 2, these merchant men were using asbestos product and even making it for use during and after the war. This material was built within the walls of these ships as well. Only recently have these settlements come to life and victims and their family have seen some form of settlement justice.
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It looks like over a 3rd of the class actiuon plaintiffs in the Kentucky asbestos case have been paid - based on what an affiliate law firm has reported.
If the company does not have the cash assets or goes bankrupt, the class action lawsuit would continue with fixed assets being liquidated or perhaps suing affiliate companies that may have made or provided the asbestos that caused the mesothelioma or other cancer for the workers.
This case is ongoing. Will post more updates.
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