Archive for category Legal

In October, I wrote about the UK Ministers reviewing legislation that governs compensation of victims suffering from pleural plaques, a condition resulting from asbestos exposure.  Read the original post UK May Overturn Asbestos-Related Conditions Law.  Now the legislators are being criticized for taking too long to change the laws.  Supporters are still hoping the original ruling will be changed to allow compensation to victims of this particular asbestos-related disease.

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”

Last week what is being called “The Trial of the Century” began in Italy.  Nearly 3000 people are seeking damages from the Swiss firm, Eternet.  They are accusing the exectives of negligence and not taking proper precautions to minimize asbestos exposure in the workplace.  Prosecutors claim over 2000 deaths and several hundred other illnesses were the result of the improper conditions.  Asbestos exposure is known to cause mesothelioma, lung cancer and other asbestos-related diseases.

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”

Australian press reported today, the James Hardie asbestos compensation fund may run out of money by mid-2010 according to current figures.  In 2006 the company started the Asbestos Injuries Compensation Fund (AICF) to assist victims of mesothelioma and other asbestos-related diseases (developed as a result of asbestos exposure from products they manufactured).

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