Landmark Decision In Huge Win For Mesothelioma Victims Against Asbestos Giant

In a landmark case for victims of asbestos related diseases, a Queensland Jury has ordered Amaca Pty Limited (formerly known as James Hardie & Coy Pty Limited) to pay a total of $1.21 million and a sum of $800,000 for general damages and loss of life expectancy to Mr Kim Martin, a 77-year-old suffering from mesothelioma resulting from exposure to asbestos products manufactured by James Hardie & Coy Pty Limited.

Represented by Slater and Gordon Lawyers, the grandfather of three was diagnosed with asbestos-related pleural disease in 2013 and with deadly mesothelioma in 2021. Despite his declining health, Kim was determined to bring his fight directly to the asbestos manufacturing giant.

Mr Martin’s case marks the first pain and suffering award for a mesothelioma victim in Queensland and the highest pain and suffering award for a mesothelioma victim in Australia.
Slater and Gordon Legal Counsel in Dust Diseases, Sean Sweeney, said the news is a huge win for all Australians who have been exposed to the deadly fibres which continue to impact workers and home renovators decades later.
“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,” Mr Sweeney said.

Mr Martin handled James Hardie products and attended their factories in Western Australia and Queensland regularly between 1967 and 1975 Additionally, he cut and installed James Hardie products during private renovations in Western Australia in 1978 and 1979.

More than 50 years later, he can still recall working with James Hardie products in factories and warehouses – often with his bare hands.

“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,” Mr. Martin said.

Slater and Gordon has played a leading role in the battle for compensation for asbestos victims against James Hardie and many others, having won landmark cases on behalf of Wittenoom workers and workers employed on the wharfs.

“This is another important step towards holding these asbestos manufacturers accountable for their actions. James Hardie & Coy Pty Limited knew for decades that there was no safe level of exposure to asbestos, but they prioritized their profits over the health of the public, creating a horrible legacy of asbestos-related disease and death.

“We commend the members of the jury for providing justice for Mr Martin and his family. However, there are no winners in a case like this when a wonderful life has been cruelly cut short by an entirely avoidable disease.

“Mr Martin has demonstrated extraordinary courage in his fight against James Hardie & Coy Pty Limited obtaining the first award for damages for mesothelioma in Queensland. However, what is important to Kim and his family is the recognition that James Hardie failed him, and so many others, and has been held accountable for their actions” Mr Sweeney said.

Article from Slater and Gordon Lawyers