Perspectives In The Development Of Asbestos Litigation And Its Future Implications - (1986)

Understanding Asbestos Litigation: Insights from "Perspectives in the Development of Asbestos Litigation and Its Future Implications"

Abstract
The study, "Perspectives in the Development of Asbestos Litigation and Its Future Implications" by Albert H. Parnell, published in the American Industrial Hygiene Association Journal in November 1986, provides a detailed analysis of the evolution of asbestos litigation in the United States. It highlights the extensive and costly nature of asbestos-related lawsuits, which began in earnest in 1977, and examines the historical, legal, and social factors that contributed to the rise of these cases. The study also explores the challenges posed by the long latency periods of asbestos-related diseases and suggests potential solutions, such as joint representation and alternative dispute resolutions, to manage mass litigation more effectively.

Legal Relevance
This study is a valuable resource for individuals pursuing asbestos-related legal claims. It provides critical insights into the systemic failures that allowed asbestos exposure to persist despite emerging evidence of its dangers. Key points of legal relevance include:

• Evidence Pathways: The study discusses the historical industrial practices and limited medical knowledge of asbestos hazards, which can support claims of negligence or liability against manufacturers and employers.
• Occupational History Relevance: The article emphasizes the long latency periods of asbestos-related diseases, such as mesothelioma and lung cancer, which is crucial for establishing causation in cases where exposure occurred decades before diagnosis.
• Counterarguments to Defense Claims: By highlighting the foreseeability of harm and the failure of responsible entities to prevent exposure, the study provides a strong counter to common defense arguments that downplay corporate responsibility.

The study underscores the importance of holding manufacturers and employers accountable for the harm caused by asbestos exposure, strengthening the legal foundation for claims of negligence and liability.

Occupation Groups at Risk
The study identifies several occupational groups that were historically at high risk of asbestos exposure due to their work environments and practices. These include:

1. Asbestos Professionals: Workers directly involved in asbestos mining, processing, and manufacturing faced significant exposure risks.
2. Boiler, Furnace, and Fire Workers: These workers often handled asbestos-containing materials used for insulation and fireproofing.
3. Construction and Remodeling Workers: Asbestos was widely used in building materials, putting construction workers at risk during installation, renovation, or demolition.
4. Insulation and Fireproofing Workers: These workers frequently dealt with asbestos-containing insulation materials, leading to prolonged exposure.
5. Manufacturing and Production Workers: Employees in factories producing asbestos-containing products, such as cement, textiles, and automotive parts, were heavily exposed.
6. Pipe and Duct Workers: Asbestos was commonly used to insulate pipes and ducts, exposing workers during installation and maintenance.
7. Shipyard and Maritime Workers: Asbestos was extensively used in shipbuilding for insulation and fireproofing, putting shipyard workers at high risk.
8. Utility and Plant Operators: Workers in power plants and industrial facilities were exposed to asbestos used in machinery and building materials.

These groups remain central to asbestos litigation, as their occupational histories often provide the basis for legal claims.

Current Medical Understanding
The study aligns with current medical knowledge about asbestos-related health risks, particularly the long latency periods of diseases such as mesothelioma and lung cancer. It accurately identifies the challenges in establishing causation due to the delayed onset of symptoms, which can occur decades after initial exposure. The study also highlights the importance of early detection and the need for continued research into asbestos-related diseases.

Citation
Parnell, A. H. (1986). Perspectives in the development of asbestos litigation and its future implications. American Industrial Hygiene Association Journal, 47(11), 708-711. https://doi.org/10.1080/15298668691390520

National Library of Medicine Link
For additional context and credibility, you can access the study on the National Library of Medicine's website: PubMed Link.

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