Tremendous toll — the high price being paid by MH17 families

One of dozens of Aussie families affected by MH17 has revealed the extent of their suffering in legal documents, as the second anniversary of the crash looms.

FOR the first time since MH17 was shot out of the sky, legal documents have revealed the tremendous toll the crash has taken on Australian families — in particular the parents of three young children killed in the atrocity.

Two years ago today, Mo, Evie and Otis Maslin, aged 12, 10 and 8, boarded the Malaysia Airlines’ flight with their grandfather Nicoll Norris, after farewelling their parents in Amsterdam.

Hours later, the Boeing 777 was shot down over a war zone in eastern Ukraine, killing all 298 people on board.

Forty people who called Australia home were among the passengers and the innocent, young faces of the Maslin children illustrated the scope of the tragedy to the whole world.

Evie, Mo and Otis Maslin

Last week, legal documents were filed by a dozen Australian families seeking damages from Malaysia Airlines for failing to undertake additional risk assessment before flying over the war zone.

The claim filed on behalf of the Maslin family by Colin, Biggers and Paisley partner Andrew Tulloch also alleges the airline failed to promptly inform next of kin about their loved ones’ deaths.

“The applicants learned of the deaths of the passengers by other means including by telephone from persons unrelated to (Malaysia Airlines) and by watching news reports displaying graphic images of the crash site,” the document said.

The toll on parents Anthony Maslin and Marite Norris, and the widow of Mr Norris was considerable, with all suffering “varying degrees of psychiatric injury, conditions or illness, depressive illness and economic loss”.

Pictured is Evie Maslin (10) with mum Rin, and Lindy Norris ( Lindy is mother to Rin and grandmother to Evie) . Evie was on board flight MH17 that was shot down over the Ukraine. This picture was supplied by family members of the Maslin's.

In the case of Mr Maslin, he had been unable to perform his role of Managing Director of Buxton Resources — and was no longer able to derive the same income as he could prior to the tragedy.

The claim also revealed all three continued to undergo medical and counselling treatment and required medication.

Another seven families represented by Carneys Lawyers make similar allegations against Malaysia Airlines, stating the carrier “failed to perform any adequate assessment of the hazards and risks inherent in overflying a conflict zone”.

“Had the respondent assessed the risks, it would have become aware of risks involved in overflying the conflict zone, and should not have used a flight route over the conflict zone,” said the claim.

Those seeking damages for economic loss and nervous shock include the sons of Brisbane couple Howard and Susan Horder, the adult children of Toowoomba’s Dr Roger and Jill Guard, the adult children of Victoria’s Maree and Albert Rizk and the daughters of Melbourne’s Gary and Mona Lee.

The families of young Sydney men Jack O’Brien and Victor Oreshkin and the wife of Dutch migrant Marco Grippeling are also part of the claim.

Fatima Dyczynski - one of the 40 Australians killed when MH17 was shot down out of the sky. Picture: Supplied by Jerzy Dyczynski

Another Perth family bereaved by the atrocity, Jerzy Dyczynski and Angela Rudhart have filed several lawsuits over the death of beloved daughter Fatima.

The couple are part of an action against the State and Government of Ukraine, claiming the country should have closed its airspace over the war zone, and are also trying to hold Russia to account for allegedly supplying the Buk missile used to shoot down MH17.

Both cases have been accepted by international courts but legal experts have questioned whether they might inadvertently aid in Malaysia Airlines’ defence.

“Making a claim against a Russia, particularly at a time when the evidence is incomplete takes the focus away from the primary issue of whether Malaysia Airlines carried out a proper risk assessment,” said a senior lawyer.

Foreign Minister Julie Bishop said the Australian Government would continue to do all it could to hold those responsible for the MH17 atrocity to account.