Slater & Gordon makes history in Queensland mesothelioma trial

Sean Sweeney and our Queensland Dust and Occupational Disease practice represented the plaintiff in a recent case which marked the first successful award of damages for mesothelioma in a Queensland Court.

Kim was diagnosed with mesothelioma in June 2021 after suffering from benign asbestos-related effusions intermittently since 2013. Sadly, mesothelioma is an incurable – and entirely avoidable – terminal cancer from exposure to asbestos.

Kim was exposed to asbestos while regularly handling James Hardie & Coy asbestos products and attending their factories in Western Australia and Queensland between 1967 and 1975.

Additionally, he cut and installed James Hardie products during private renovations in Western Australia in 1978 and 1979.

This case was straightforward, similar to hundreds of cases before it in other jurisdictions. However, James Hardie & Coy adopted a position that made all attempts to informally resolve the proceeding futile.

Kim recognised that his experience with James Hardie & Coy in Queensland was similar to hundreds of other victims of asbestos-related diseases and the lasting impact on their families.

And so, he drew the line and decided to take his fight to the courts with the hope of inspiring others.

The Trial

Kim was entitled to have his case determined by a Jury in Queensland and travelled all the way from Bunbury, Western Australia, to Brisbane, alongside his wife of 53 years, Dianne, to give his evidence.

The Trial ran for four intense days with Kim and his wife telling the Jury the devastating toll that his mesothelioma has had upon both him and his family. They detailed the difficult conversations they had breaking the news of his terminal cancer to their loved ones and the heartbreak of being diagnosed with an incurable cancer that was entirely avoidable.

Kim and Dianne showed incredible courage, driven by a desire to help others, to hold James Hardie & Coy accountable, and to continue raising awareness of the dangers of asbestos to keep others safe in the future.

The Verdict

After deliberating for hours, the Jury returned with its verdict and ordered James Hardie & Coy to pay a total of $1.21 million in damages, including a sum of $800,000 for general damages and loss of life expectancy, as well as indemnity costs from 21 March 2024 onwards.

The court awarded Kim $800,000 in damages for his pain and suffering caused by the mesothelioma.

Prior to Kim’s case, a Queensland Court had never assessed damages for a dust-related condition. In fact, the last time a Queensland Court decided a comparable case all the way back in 1996, and that claimant failed to establish liability.

This has meant that historically, claimants presenting cases in Queensland haven’t benefited from comparable awards for pain and suffering and faced significant uncertainty.

Whilst no award will ever make up for what Kim and his family have endured, his case has now set an important precedent for other victims of asbestos-related diseases.

His bravery and commitment to standing up for what’s right has left an important legacy that will benefit many in the future.

We commend Kim for his selflessness and courage and are honoured to have stood beside him in such a significant case in Queensland history.

The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.