Both companies are heading into the trial of Robert Berengo who is claiming damages due to exposure to their products in the early 1970’s.  Mr. Berengo is dying from mesothelioma, a fatal disease almost always caused by asbestos exposure.  He claims he was exposed to Hardie and CSR asbestos products while going to jobs with his father during his childhood.  The allegations could have opened new opportunities for victims who have a difficult time proving which company’s products they have been exposed to and therefore which company should be held responsible for compensation.

The argument was heard in the Victorian Supreme Court and was declined.  Judge Terry Forrest stated the proposed amendments were not sufficient to be approved.  He did say future victims may be able to allege joint liability.

Read more at Hardie, CSR ‘colluded’, sufferer says and Judge denies late changes in asbestos case

Rick Solis was working as a Survey Technician II for the county when he observed concrete asbestos pipe being dug up and disposed.  He reported his concerns about asbestos exposure and improper handling to his supervisors in September.  And was later informed his position was being eliminated due to budget constraints.  His attorney filed a complaint with OSHA claiming his “termination was a violation of the anti-whistleblower retaliation provisions…”  He feels strongly that he had no problems with his employment until after complaining of the potential health hazards.  Exposure to asbestos can cause future asbestos-related diseases including mesothelioma and lung cancer. 

Representatives for the County believe this is nothing more than a ”disgruntled employee” and feel the investigation will prove that.  OSHA reports the county has 20 days to respond to the allegation and the federal investigators will make a final determination.

For additional information read the News Sun article “Ex-county employee files whistleblower complaints” 

One advocate, Alison Seabeck, is also using this opportunity to ask for specialized treatment for mesothelioma and other asbestos-related disease victims.  Families, victims and advocates will continue to wait for this issue to be decided on.

Read the story “Pressure grows over payouts for disease”

Stephan Schmidheiny, the owner of Eternet, and Jean-Louis de Cartier de Machienne, the former managing director of the deny the allegations and have a team of 26 lawyers to defend their case.  The executives could face 12 years in prison if found guilty in this case.

The case has attracted much interest of victims, advocates and media.  Demonstrators have been present outside the court.  Inside the spectators, journalists and families if those involved filled three courtrooms. 

Many will be watching as this history making case progresses. 

Read more at “Mass Italy Asbestos Trial Opens”

The appeals court reached its decision based on four separate grounds including not redact portions of a letter from a Bendix employee and not including other brake manufacturers as defendants.

Attorneys, victims, families, and advocates will be watching as this new trial progresses.

To learn more about this verdict Appeals court overturns $24 million asbestos verdict

Esso was just required to pay a large sum to the widow of a man who died of asbestos-related cancer.  Nestle is in a case where the victim died of mesothelioma.  Both families sought compensation alleging the companies knew the dangers of asbestos and didn’t have workers use adequate protection if any at all when handling asbestos.  Cases like these may be the just beginning if the current law is overturned.

The country and the world is watching to how this legislation will be decided.  I’ll write more as its reviewed by the House Lords in the upcoming weeks.

More information at Asbestos ruling sees firms face huge claims

The original fund was 1.8 billion dollars and is currently estimated at 84.2 million dollars.  If the fund continues to pay asbestos settlements at the estimated rate, the fund will be depleted in 2010.  One consequence could be victims receiving installments rather than full amounts or payments being delayed.  Others fear no compensation could result if the fund runs out.

Part of the funding agreement between James Hardie, the AICF and NSW government states the company will contribute either the projected amount owed to victims or 35 per cent of its annual free cash flow.  The corporation has not made contributions to the fund because it has not had positive cash flow.  Hardie plans to provide an update  on settlement funds after November 23rd when they release half-year results.  A decision about contributions to the fund will be made in the Spring after their fiscal year ends March 31st.

Victims’ advocates and government officials are urging the government to step in to fill the gap if necessary.   All are hoping for a quick resolution so victims and families won’t have to deal with partial payments and delays in addition to the stress of coping with their diseases.

Read more at Asbestos fund could run out by mid-2010

Since the agreement to share costs is no longer in place, they have been placing undue stress and burden on asbestos exposure victims.  The companies have asked victims, who were likely exposed decades ago, to identify which asbestos sheeting and roofing they were exposed to.  The arguing between companies has also lead to delays in the settlement of victims’ cases. 

Victims suffering from mesothelioma often don’t have long to live and would like to see their cases resolved quickly.   Victims, families, and advocates are calling for swifter resolution between James Hardie and CSR.

The Australian article: “Cruel and inhumane” squabble puts asbestos victims in limbo

Mrs.  Willmore had been suffering from mesothelioma since 2007 and has been involved with the court case since then.  She passed away the day after the court ruled in her favour.  Family, friends, and advocates are praising Diane for her courage and how she has affected the lives of others that have been or will be exposed to asbestos in the schools.

Read the story:  Mother dies after asbestos payout

OSHA reports show 12 serious violations concerning employees not being protected from asbestos exposure. The report also states that exposure to the harmful material can cause lung cancer, asbestosis, and mesothelioma.

Ernie Savannah wasn’t surprised by the reports and said they were just further proof to what he already knew and now struggles on a daily basis seeing his sons troubled breathing.

“I knew it was asbestos, and I continued to work there because I needed the insurance and the income for my family. And it’s really hard to get an engineering job, you know, that pays good wages,” Savannah said.

The asbestos lawsuit has been filed in a federal court and is now pending.

Asbestos exposure can lead to lung cancer and mesothelioma. Mesothelioma, to this point is an incurable cancer and mesothelioma treatment can prove to be very expensive. If you’ve been diagnosed with mesothelioma, it is possible that you may be eligible for mesothelioma compensation.