Decision in Australian Mesothelioma Case Marks Significant Change

Australia has the dubious distinction of leading the world in cases of malignant mesothelioma, but the country’s system of justice has lagged far behind that of the United States. Where Americans who’ve been victims of corporate negligence frequently receive multi-million jury awards, the same has not been true – until now. A Queensland jury has ordered Amaca Pty Limited (formerly known as James Hardie & Coy Pty Limited) to pay a 77-year-old mesothelioma victim over $2 million.

Australia

$2 Million Awarded to Queensland, Australia Mesothelioma Victim

The landmark verdict was awarded in a suit filed by Mr. Kim Martin, a grandfather of three who spent years working with asbestos products manufactured by James Hardie & Coy Pty Limited. He was diagnosed with asbestos-related pleural disease in 2013 and with mesothelioma in 2021.  

The mesothelioma victim was awarded $1.21 million for general damages and an additional $800,000 for loss of life expectancy, marking the first pain and suffering award ever awarded in Queensland, as well as the highest for a mesothelioma victim in all of Australia. Speaking of the verdict, Mr. Martin’s attorney said, “This is a watershed moment for victims of mesothelioma, marking the first occasion that a Queensland Court has assessed damages for a plaintiff suffering from asbestos-related disease.”

Mesothelioma Victim Handled Asbestos Products for Years

According to testimony presented during the case, Mr. Martin handled James Hardie products and worked in several of its factories between 1967 and 1975. He also worked with their products while doing private renovations between 1978 and 1979. He recalled working with the products with his bare hands, and when asked about whether he’d received any warnings about its dangers, he said he hadn’t.

“I didn’t see any warning labels about asbestos or dust released from the asbestos cement sheets I carried and worked with. There were no signs at the James Hardie factories about the dangers of what we were handling.”

If you or someone you love has been diagnosed with an asbestos-related disease, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.

Terri Heimann Oppenheimer

Terri Oppenheimer

Writer
Terri Heimann Oppenheimer is the head writer of our Mesothelioma.net news blog. She graduated from the College of William and Mary with a degree in English. Terri believes that knowledge is power and she is committed to sharing news about the impact of mesothelioma, the latest research and medical breakthroughs, and victims’ stories.

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