Introduction: Asbestos, the Material that Made a Killing
Since the birth of commercial asbestos production in 1858, manufacturers exploited the low-cost mineral for its strength, chemical resistance, thermal stability, flexibility and more. By the early 1900’s, asbestos was widely used in many products – in building materials, machine parts, clothing, even cosmetics. Its versatility and high demand allowed asbestos manufacturers and distributors to rake in high profits.
The high profits persuaded the asbestos industry to minimize – even hide – an ugly truth: asbestos fibers were dangerous to the human body. Workers exposed to asbestos began to develop health conditions such as asbestosis, pleural disease, and cancer. In response, however, asbestos manufacturers and distributers denied its harmful nature, concealing its dangerous consequences from the public to protect their profits. Consequently, millions of workers around the globe have lost their health after being diagnosed with asbestos-related cancer and related diseases.
One such worker was Nellie Kershaw, an English woman who worked as an asbestos rover in a textile factory. Though she eventually succumbed to her illness, Nellie’s case as the first-ever medically documented death from occupational asbestos exposure has paved the way for other asbestos victims to challenge the employers that knowingly endangered them, and inspired them to fight for the compensation they deserve.
2024 marks 100 years since Nellie’s death. This is a good time to consider her story and the cause of justice for victims of asbestos inspired by her.
Nellie’s Struggles
Nellie Kershaw was born in 1891 in Rochdale, Lancashire, United Kingdom. From the age of 12, she began her career as a rover, or a worker who specializes in spinning raw materials into thread. At 26, Nellie was employed by Turner Brothers Asbestos, spinning raw asbestos fibers into thread and other material to be used in different products.
Nellie first became ill in 1920 at age 29, but continued to work as an asbestos rover until July 22, 1922, when her illness rendered her unable to work. Her health was failing, and she was having trouble breathing. Nellie was diagnosed with “asbestos poisoning” on her official medical certificate, provided by local physician Walter Scott Joss. However, because her illness was not recognized by the National Health Insurance criteria at the time, Nellie was advised to seek sickness benefits from her employer, Turner Brothers Asbestos. Because her illness was occupation-related, insurers believed Nellie should receive benefits through the Workmen’s Compensation Act, and wrote to Turner Brothers on her behalf many times. However, Turner Brothers refused to pay sickness benefits to Nellie, due to asbestos-related illness not being recognized as an occupational disease at the time. They instructed their insurance company to refuse to take any liability in Nellie’s case. Turner Brother’s works’ manager, Percy George Kenyon, wrote to the medical insurance board stating “We repudiate the term “Asbestos Poisoning”. Asbestos is not poisonous and no definition or knowledge of such a disease exists. Such a description is not to be found amongst the list of industrial diseases in the schedule published with the Workmen’s Compensation Act.”
Nellie wasn’t ready to give up. Even from her deathbed, she and her husband insisted they receive just compensation. She wrote to Turner Brothers herself on at least one occasion, voicing her concern and her struggles. She wrote, “What are you going to do about my case? I have been home 9 weeks now and have not received a penny – I think it’s time that there was something from you as the National Health refuses to pay me anything. I am needing nourishment and the money; I should have had 9 weeks wages now through no fault of my own.” Unfortunately, Nellie’s pleas seemed to fall on deaf ears. There is no record that she ever received payment of any kind from Turner Brothers. She died in poverty on March 14, 1924 at the age of 33, leaving behind her husband and young son.
The Battle Against Asbestos
Nellie’s physician, Walter Scott Joss, continued to testify on Nellie’s behalf even after her death, stating that his diagnosis of “asbestos poisoning” was based upon his “previous experience of such a lung condition for many of his patients who were asbestos workers,” and that each year he saw at least 10 to 12 similar cases among asbestos workers. This was a common illness among those continually exposed to asbestos, and Joss was certain that close proximity to the toxic mineral was to blame. Turner Brother’s continued to deny accountability, as they knew that revealing the dangers of asbestos exposure could lead to their downfall in the industry. But the damage was already done: Nellie’s story began to spread, and caught the attention of many in the medical community, including Rochdale coroner Dr. W. E. Cooke.
Cooke conducted Nellie’s autopsy and reported her case to the British Medical Journal in 1924, listing her official cause of death as “fibrosis of the lungs due to the inhalation of mineral particles.” Nellie was the first-ever officially recorded case of death from occupational asbestos exposure. In an extended report of the case published in 1927, Cooke gave the disease it’s most well-known monicker: “pulmonary asbestosis”. This report spurred Parliament to commission an inquiry into the effects of asbestos exposure. The resulting findings, a report called “Occurrence of Pulmonary Fibrosis & Other Pulmonary Affections in Asbestos Workers”, was presented to parliament in March of 1930, 6 years after Nellie’s death. It concluded that asbestosis was undoubtably linked to prolonged exposure to asbestos dust, and included the first health study of asbestos factory workers. This study found 66% of asbestos workers with a 20 year or longer work history suffered from asbestosis. This report led to the first Asbestos Industry Regulations in 1931, which became effective in March 1932.
A Lasting Legacy
After Nellie’s case caused change in the UK, asbestos workers all over the world now had an explanation for the mysterious illnesses that plagued them – asbestos. Asbestos exposure has also been linked to multiple forms of cancer, including mesothelioma (exclusive to asbestos exposure), throat cancer, lung cancer, stomach cancer, colorectal cancer, and more. As the dangers of asbestos became more well-documented, many businesses feared for their profits and the impact that identified asbestos exposure in their facilities would have on their profits. Many of these asbestos manufacturers who exposed workers to significant amounts of asbestos were sued and forced to set aside money in special trusts, designed to compensate the workers whose health had been destroyed by asbestos.
Thanks to Nellie Kershaw’s perseverance and demand for justice, asbestos victims today now have the chance to receive compensation for their wrongful treatment and devastated health. For many years, Norris Injury Lawyers has fought for those whose lives have been permanently impacted by exposure to asbestos. We represent living claimants as well as family members who have lost a loved one to an asbestos-related cancer. We file thousands of trust claims on behalf of deserving clients seeking just compensation for the illness, pain and suffering they have endured. If you or a loved one has a cancer diagnosis possibly related to long-term asbestos exposure, please contact Norris Injury Lawyers today to discuss your claim and see if you could be entitled to compensation.
Resources
by Laurie Kazan-Allen (International Ban Asbestos Secretariat). 2024.
- https://en.wikipedia.org/wiki/Nellie_Kershaw
- https://www.simmonsfirm.com/blog/nellie-kershaws-story/
by Simmons Hanly Conroy. 2024.
by Alex Formuzis. 2024.
