ens of millions of Americans were exposed to asbestos throughout most of the 20th Century. Asbestos diseases have a 20 to 50 year latency period, which means many of those exposed decades earlier are dying now. Diseases linked to Asbestos exposure kill at least 10,000 Americans every year, and are projected to kill 100,000 more over the next decade.

Asbestos company executives knew from at least the 1940s that asbestos was deadly, but callously covered it up. One internal company memo from 1966 states, “if you have enjoyed a good life while working with asbestos products why not die from it?”

It was the civil justice system that first shone a light on the deception and misconduct of the asbestos industry. In 1969, a worker named Clarence Borel who had spent more than 30 years installing asbestos insulation was diagnosed with advanced mesothelioma – a cancer caused by asbestos exposure that develops in the protective lining of the body’s internal organs, filed a suit against 11 asbestos companies. In a landmark decision the court sided with Borel. On appeal, the U.S. Court of Appeals for the Fifth Circuit recognized that asbestos companies knew of the hazards of asbestos and failed to warn their employees. “Here there was a duty to speak,” the Court wrote, “but the defendants remained silent.”

Clarence Borel did not live long enough to share the victory. He died shortly after giving a pre-trial deposition from his bed. Over the years the civil justice system continued to uncover internal industry documents revealing a breathtaking disregard for human life. A 1973 industry memo predicts that 25,000 employees will die of asbestos-related diseases, then goes onto say, “the good news is that despite all the negative articles on asbestos health that have appeared in the press over the past half-dozen years, very few people have been paying attention.”

The cover up was not restricted to the asbestos industry alone. In 1977, an insurance industry discussion group, figuring that it would have to cover any restitution paid by the asbestos companies, decided on a “unanimous rejection that liability in asbestosis cases be admitted” and began exploring courtroom defense strategies.

However, by the 1980s the civil justice system had brought to light the full extent of the asbestos industries cover up. A 1988 industry memo notes that the civil justice system has revealed documents that “show corporate knowledge of the dangers associated with exposure to asbestos dating back to 1934… the documents are evidence of a corporate conspiracy to prevent asbestos workers from learning that their exposure to asbestos could kill them.”

Since Clarence Borel’s case, workers exposed to asbestos have begun to receive justice in the courts. Johns Manville, the biggest manufacturer of asbestos products, was forced to establish a major restitution program. As a result of the public awareness created by the civil justice system and the economic pressure it placed on asbestos manufacturers, asbestos insulation is no longer used in schools and other public buildings, and workers who use asbestos on the job are protected by stricter standards. Sites where asbestos was prevalent are being cleaned up, and the companies responsible for the pollution are being forced to reimburse taxpayers for remediation costs.