Victory for man who contracted deadly asbestos cancer after home renovation

A Sydney man who developed the deadly asbestos cancer mesothelioma after helping a mate with renovations over 40 years ago has won the right to die at home after building giant James Hardie wanted to force him into a cheaper nursing home.

James Hardie only wanted to pay Ron Phillips, 84, $9929 in future care costs but the state’s Dust Diseases Tribunal awarded him $152,711 saying he deserved to be comfortable with his family and nurses.

A Sydney man who developed the deadly asbestos cancer mesothelioma after helping a mate with renovations over 40 years ago has won the right to die at home

Judge Wendy Strathdee said it was like his personality had been “switched off like a light” when the former architect, engineer and lover of art and dance, was diagnosed with the fatal lung cancer late last year.

She said he had loved walking on the Cronulla boardwalk with friends.

“He deserves to be comfortable and to the extent that he may find some comfort looking out from the balcony to see his beloved beach and boardwalk, it is reasonable for that to be provided for him,” the judge said.

As the number of people contracting mesothelioma from home renovations has caught up with those who contracted it in the workplace, the tribunal was told that Mr Phillips had been exposed to asbestos fibre between 1977 and 1985 while helping a friend in the Sutherland Shire.

With no children, he has been cared for by family, a close friend and nurses staying with him through the night in the serviced apartment where he is living. The tribunal awarded him a total of $664,393.

Segelov Taylor Lawyers commenced a claim on behalf of Mr Phillips against James Hardie, now Amaca Pty Ltd, just before Christmas.

Lawyers for the building giant argued the company should only be required to pay for the lower-cost option of Mr Phillips being cared for in a nursing home, however Mr Phillips insisted he be given the choice to spend his final months living in the community, with James Hardie compensating him for the cost of care by his family and professional nurses.

Mr Phillips’ lawyer, Tanya Segelov, said it was a significant judgment that opened the door for other sufferers of asbestos diseases to choose to receive care at home.

“This is a significant decision that not only provides peace of mind to Mr Phillips during this terrible time, but will allow his family to respect his wishes to not be put in a nursing home during the final months of his life,” Ms Segelov said.

“Families can be reassured that they will be compensated for commercial help in their home, and that the burden of caring for a love one and keep them at home will not fall on the loved one alone.”

An asbestos specialist, Ms Segelov said the number of cases of mesothelioma — which has an incubation period of several decades — still had to peak. She said that 20 years ago she was seeing more clients who had been exposed at work but that had grown to 50 per cent who wee exposed during home renovations.