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Litigation related to asbestos injuries and property damages has been claimed to be the longest-running mass tort in U.S. history.〔(Rand Institute, 2005 )〕 Since asbestos-related disease has been identified by the medical profession in the late 1920s, workers' compensation cases were filed and resolved in secrecy, with a flood of litigation starting in the United States in the 1970s, and culminating in the 1980s and 1990s. A massive multi-district litigation (MDL) complex filing has remained pending in the Eastern District of Pennsylvania for over 20 years. As many of the scarring-related injury cases have been resolved, asbestos litigation continues to be hard-fought among the litigants, mainly in individually brought cases for terminal cases of asbestosis and cancers. ==Background== In the late 19th century and early 20th century, asbestos was considered an ideal material for use in the construction industry. It was known to be an excellent fire retardant, to have high electrical resistance, and was inexpensive and easy to use. The problem with asbestos arises when the fibers become airborne and are inhaled. Because of the size of the fibers, the lungs cannot expel them.〔''Casarrett & Doull's Toxicology'' (2001), pp 520-522〕 They are also sharp and penetrate tissues. Health problems attributed to asbestos include〔(). EPA publication on Asbestos. Retrieved 15 April 2006.〕 #''Asbestosis'' - A lung disease first found in textile workers,〔Murray, H.M., Departmental Committee for Compensation for Industrial Diseases. Cd 3495 and 3496. London, His Majesty's Stationery Office, 1907, p.127〕〔Cooke, W.E., ("Fibrosis of the lungs due to the inhalation of asbestos dust." ) B.M.J., 2, 147, 1924.〕〔Selikoff, I.J. et al., The occurrence of asbestosis among insulation workers in the United States. Annals of the New York Academy of Sciences., 132, pp139-155, 1966〕 asbestosis is a scarring of the lung tissue resulting from the production of growth factors that stimulate fibroblasts (the scar-producing lung cells) to proliferate and synthesize the scar tissue in response to injury by the inhaled fibers. . The scarring may eventually become so severe that the lungs can no longer function. The latency period (meaning the time it takes for the disease to develop) is often 10–20 years. #''Mesothelioma'' - A cancer of the mesothelial lining of the lungs and the chest cavity, the peritoneum (abdominal cavity) or the pericardium (a sac surrounding the heart). Unlike lung cancer, mesothelioma has no association with smoking. The only established causal factor is exposure to asbestos or similar fibers.〔Maule, Magnani, Dalmasso, Mirabelli, Merletti & Biggeri, "Modeling Mesothelioma Risk Associated with Environmental Asbestos Exposure", Environmental Health Perspectives, Vol 115, No 7, July 2207, pg 1066〕 The latency period for mesothelioma may be 20–50 years. The prognosis for mesothelioma is grim, with most patients dying within 12 months of diagnosis. #''Cancer'' - Cancer of the lung, gastrointestinal tract, kidney and larynx have been linked to asbestos. The latency period for cancer is often 15–30 years. () #''Diffuse pleural thickening'' Considerable international controversy exists regarding the perceived rights and wrongs associated with litigation on compensation claims related to asbestos exposure and alleged subsequent medical consequences. Some measure of the vast range of views expressed in legal and political circles can perhaps be exemplified by the two quotes below, the first 〔(Pepperdine Law Review, Vol. 31, No. 33, 2004 )〕 from Prof. Lester Brickman, an American legal ethicist writing in the ''Pepperdine Law Review'', and second, Michael Wills, a British Member of Parliament, speaking in the House of Commons on July 13. 2006: "A review of the scholarly literature indicates a substantial degree of indifference to the causes of this civil justice system failure. Many of the published articles on asbestos litigation focus on transactional costs and ways in which the flow of money from defendants to plaintiffs and their lawyers can be expeditiously and efficiently prioritized and routed. The failure to acknowledge, let alone analyze, the overriding reality of specious claiming and meritless claims demonstrates a disconnect between the scholarship and the reality of the litigation that is nearly as wide as the disconnect between rates of disease claiming and actual disease manifestation". "Many of those who I see in my surgeries have worked in a number of workplaces and they could have been exposed to asbestos in each of them, but medical science is such that no one can identify which of them it is. As a result, there has been a long and complex history of legal discussion on how to apportion liability. The lawyers and the judiciary have wrestled, rightly and valiantly, with complex and difficult law, but it has created despair for the families whom we represent. Many of my constituents’ families have been riven by the consequences of litigation in trying to get some compensation for a disease that has been contracted through no fault of theirs. That is cruel and unacceptable."〔(Hansard July 13th. 2006 )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Asbestos and the law」の詳細全文を読む スポンサード リンク
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