In this matter we acted for a 83 year old Lady who was exposed to asbestos dust and fibre whilst assisting her husband and children building a fibro garage in the early 1970s. As a result of her exposure to asbestos, our client developed a rare form of lung cancer called mesothelioma.
After receiving our client’s instructions, we carried out our independent forensic investigations with respect to the issues of liability and arranged for an expert to attend the premises where the old fibro garage still stood and (with the permission of the owner) took a sample of fibro. We then arranged from the piece of fibro to be examined for the purpose of ascertaining both the composition of the fibro and its
After obtaining instructions from our client and collating the medical evidence in the case, we commenced proceedings in Dust Diseases Tribunal of New South Wales against the manufacturer of the fibro sheeting used to build the garage.
The Defendant did not admit its liability and argued that the cause of our client’s mesothelioma was from an environmental exposure.
We also arranged for our client to undergo a clinical examination with a respiratory specialist and sought his view on the issue of causation (whether the exposure pleaded against the manufacturer was enough to cause or contribute to the development of the mesothelioma. Our expert supported this proposition notwithstanding the fact that our client’s treating doctor was of a different view.
The Defendant did not request to have our client examined by one of their doctors .
Prior to having the matter heard by a Judge of the Dust Diseases Tribunal of NSW, we participated to a compulsory mediation with the solicitors acting for the fibro manufacturer.
At conference we were able to persuade the Defendant’s solicitors that our client’s position was both genuine and realistic. We then secured a settlement for over over $300,000.00.
Our client was extremely happy with the outcome of her claim.