Mesothelioma and asbestosis share a single cause — exposure to asbestos — and a ruling handed down by the Queensland Supreme Court is yet another reminder of the dangers that exposure represents, and how long the mineral could present a hazard in the workplace. Earlier this month, the court awarded a former plumber diagnosed with asbestosis $1,897,000 plus legal costs. This represents the largest asbestosis payout in Australia’s history.
Asbestos Exposure Linked to Mesothelioma, Asbestosis, and Other Serious Illnesses
Mesothelioma and other serious diseases have long been linked to asbestos exposure, and cutting asbestos cement is among the jobs that most frequently have resulted in illnesses that don’t appear until decades after exposure and which have no cure. The victim in this case is Robin Smith, a Queensland man who worked for the Queensland government’s Mackay Harbour Board from 1981 through the 1990s. His job included using a demolition saw to cut asbestos cement pipes along the port’s water lines.
Now in his late 70s, Mr. Smith’s chronic lung disease is progressive, irreversible, and will ultimately be fatal. The attorneys that he asked to represent him against Amaca Pty Ltd (formerly James Hardie & Coy), North Queensland Bulk Ports Corporation, and WorkCover Queensland, told the court that his life expectancy is now about five to six years. He sought compensation for pain, suffering, lost enjoyment of life, and his past and future expenses. Of the $1.9 million he was awarded, $800,000 was allocated for his pain, suffering, and lost enjoyment of life, with the remainder covering past and future expenses.
Mesothelioma Risk Did Not End with Asbestos Ban
Though Mr. Smith’s legal claims were focused on his illness, mesothelioma advocates note that the case highlights the asbestos dangers that persisted long after Australia imposed a ban on its use in late 2003. One of his attorneys asserted that James Hardie knew of its dangers by the mid-1960s and early 1970s, and yet Mr. Smith experienced such extreme exposure into the 1990s.
Commenting on the continuing danger, Smith’s attorney said, “Asbestos remains a very present and ongoing risk for Australians. It can still be in our homes, workplaces and schools, so we must remain vigilant.”
If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
