James Hardie drops High Court appeal in mesothelioma case

In 2011, a Victorian Court awarded $730,000 pain and suffering damages to a gentleman suffering mesothelioma. This amount of monies far exceed awards made in other states of Australia

In April 2012, an appeal by James Hardie to the High Court of Australia on the level of this compensation was abandoned just hours before the High Court was to determine this issue.

This award, and the decision by James Hardie to abandon their High Court appeal, may well lead to an increase in the compensation paid to sufferers of asbestos conditions, and in particular those suffering mesothelioma.

Asbestos compensation for Australian

An Australian man suffering asbestosis has succeeded in obtaining compensation from a parent company of his former UK employer.

An April 2012 decision of the Court of Appeal of the United Kingdom upheld a previous ruling that the parent company, Cape PLC, was liable for his employer’s actions. He was exposed to asbestos whilst employed by Cape Building Products Limited.

This is a significant ruling. The Court stated that
“this is one of the first cases in which an employee has established at trial liability on the part of his employer’s parent company”.

Asbestos compensation in Australia, including compensation for mesothelioma in Australia, include asbestos litigation involving similar situations as that above.

Mesothelioma compensation laws in UK

Laws to speed up the compensation process for those suffering asbestos conditions (such as mesothelioma) in the United Kingdom won’t come into force until 2013.

Lawyers for those seeking such compensation are furious that their clients may miss out on compensation as a result of the delay.

In Australia, various state laws allow persons suffering asbestos conditions to pursue compensation quickly. Conditions like mesothelioma and severe asbestosis can often deteriorate rapidly and such laws often allow sufferers peace of mind in a relatively short period of time.

Mesothelioma study in Japan

An article published on 31 January 2012 looked at the future trends of mesothelioma in Japan.

The article suggested that deaths from mesothelioma will continue to rise for the next 15 years or so, before declining.

Even though Japan has reduced their use of asbestos, dangers still exist from old asbestos. This is the same situation as in Australia.

The article concluded by saying that education of the public as to the dangers of asbestos exposure was important. This education, if followed, would reduce future risk of those being exposed to asbestos, and thus lower the chance for someone to develop mesothelioma.