History of Mesothelioma Litigation
At the beginning of the twentieth century asbestos production was becoming a major industry. Asbestos was being mined throughout Britain, Australia, Canada, South Africa and many other countries, including the United States. Knowledge of asbestos damage occurred early in the evolution of the industry, with the first published medical report of a man dying from fibrosis of the lungs occurring in 1906.
The commercial exploitation of asbestos may be dated from the late 1870s, when Canada was the major world source. Reports of severe and fatal respiratory disease in workers in asbestos factories appeared in Britain (1898, 1906), and in France (1906) and Italy (1908). In 1912 the Canadian Department of Labour denied that the health of Quebec's millers and miners was affected. A series of denials appeared for over 40 years, until in 1955 a Thetford Mines medical officer reported finding that between 1945 and 1953, among some 4,000 asbestos workers 128 had asbestosis of various degrees of severity, 121 diagnosed radiographically, and 33 confirmed at autopsy. Although a committee of inquiry into health in the asbestos industry (1976), and a Royal Commission on health and safety arising in the use of asbestos in Ontario (1984) confirmed that disease had occurred, these findings were to have no adverse effects on asbestos exports. Rather, the inquiries constituted elements in the industry's successful public relations exercise that continues to operate to this day. Even when an increasing number of national bodies have legislated for total bans on asbestos use, a policy with which all the international bodies concerned with public health agree, the Canadian PR apparatus continues to be able to call on physicians and scientists prepared to oppose the consensuses reached by the independent advisors to these bodies.
By the late 1920s evidence of asbestosis was becoming obvious at several asbestos plants in Britain. The problem became so bad that in 1930 the British government funded a survey. This survey showed that if employees had worked with asbestos for ten years or more, the rate of sickness from asbestosis increased geometrically. The report also suggested that if the dust from asbestos could be kept to a minimum, the disease could be controlled. It further stated that only those employees who directly handled the asbestos were at risk. While this report showed the high incidence of the disease, little was done to stop the dangers associated with asbestos.
Mesothelioma: A Clear Link to Asbestos
While the relationship between asbestosis and asbestos was relatively obvious by 1930, the link between asbestos and mesothelioma was slower to emerge. Although it was common knowledge among workers and managers that an unusually high number of asbestos plant employees were dying of lung cancer due to the negligence of these companies, a clear causation was hard to prove given the medical technology and knowledge of the time. Lung cancer had causes other than asbestos, and the use of tobacco was on a rapid increase during this time period. Further, tuberculosis was widespread during this time, and unless an autopsy was done, there was no way to know whether the person died of a cancerous growth in the mesothelium, or from some other lung ailment.
One final difficulty of proof came from the long latency between asbestos exposure and the onset of mesothelioma symptoms. This time lag could be as long as fifty years, and many persons were diagnosed with mesothelioma long after they had worked with asbestos. Even with these difficulties of proof, a number of studies appeared in British medical journals throughout the 1930s suggesting an association between asbestos and lung cancer.
Mesothelioma: A Major Cover-Up
The major breakthrough came after World War II in South Africa where the asbestos mines were very busy after the war. Three researchers; Chris Wagner, Chris Sleggs and Ian Webster found a stunning association between mesothelioma and asbestos exposure. They presented this work in 1959 at a research seminar in their country. In 1960, a study was funded by the South African asbestos industry and the South African Cancer Society.
When the initial results were released in February 1962 the asbestos industry started the cover-up in earnest. The study found that an alarmingly high number of cases of mesothelioma had been discovered in the population that lived and worked around the asbestos mines. It became very clear that if word of this report leaked out it would devastate the asbestos industry. Rather than protect their employees, the asbestos industry did the opposite. After this initial report, all funding for the study stopped, and the results were not released to the public. Extensive political pressure was placed on the researchers. The lead researcher, Chris Wagner, left South Africa due to political pressure, never to return to mesothelioma research.
How Can I Build a Strong Case Against the Companies that Harmed Me?
See our page on building a strong case for suggestions on finding information and documents that will ultimately help you win your case. And be sure to first select an strong law firm and experienced attorney who know how to win mesothelioma lawsuits.
Who Else Can Help?
The law firm of Paul & Hanley, LLP has offices located throughout California, including Berkeley, Los Angeles, Westlake Village (Los Angeles county), San Francisco, and San Diego, and our lawyers handle cases in courts throughout California, Nevada, Arizona, and across the United States.
To learn more about mesothelioma, treatment options, or the attorneys at Paul & Hanley who specialize in handling malignant mesothelioma asbestos cancer, please contact us today for a free confidential consultation. For immediate assistance call us toll free at
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