Mesothelioma Litigation

An appeals court in the Australian state of Victoria has upheld the asbestos compensation of a mesothelioma victim.

Over the summer, Eric King was awarded $1.15 million from Amaca Pty., which used to be known as James Hardie, according to the Herald Sun.

King worked as a machinist and several times visited a James Hardie asbestos sheet factory in a work capacity in 1972. The court had ruled that this asbestos exposure was responsible for the man's mesothelioma, a rare and deadly cancer that attacks the thin membrane that lines the body's chest, abdomen and many of its internal organs.

However, James Hardie appealed, claiming that King could not prove that he was exposed to asbestos fibers and that his injuries were not foreseeable.

This last point is blatantly false as it was known by the mid-1960s that asbestos exposure not only caused malignant mesothelioma, but lung cancer and asbestosis as well.

King's asbestos attorney said that the company would continue to fight for the just claims of asbestos victims.

"James Hardie have fought tooth and nail to stop Mr. King from receiving any compensation," the mesothelioma lawyer told the news source. "There are thousands of Australians suffering just like Mr. King and it is clear that James Hardie will continue to fight extended and onerous cases through the courts."