Wangaratta grandfather David Picken wins asbestos claim after terminal cancer news

David Picken was just 26 when he was exposed to deadly asbestos particles when working for Centrelink in the 1970s. Now, with months to live, he’s won a settlement claim.

David Picken, 76, worries about what life will hold for his wife Eileen and family when he passes after being diagnosed with terminal malignant mesothelioma.

For 48 years, tiny asbestos particles silently lived in David Picken’s lungs.

It wouldn’t be until he was 75 and his health began deteriorating that he knew something was wrong.

Within 15 months, he had lost 27kg and simple tasks like putting on his socks left him breathless.

“I would have to stop to catch my breath from that little bit of exertion,” Mr Picken said.

Doctors later found a big patch of fluid on his lungs, and immediately drained three litres.

Two weeks later, the Wangaratta grandfather was sent to the Royal Melbourne Hospital where another three litres was drained and he underwent surgery.

He was then diagnosed with malignant mesothelioma.

“The doctors said, ‘How have you been exposed to asbestos?’,” he said.

David Picken was exposed to asbestos when working for Centrelink in the 1970s.

For 48 years, tiny asbestos particles silently lived in Mr Picken’s lungs.

Unlike many others, it was a question Mr Picken could immediately answer.

He was just 26 years old and working for Centrelink, then known as the Department of Social Services, in Wangaratta when he was exposed to the deadly dust during a renovation at his asbestos-riddled government office.

He was told it was safe to continue working in the building as his administrator role was critical in ensuring crucial payments to vulnerable clients were delivered.

“We asked what protection we were going to get,” Mr Picken said.

Plastic sheeting was put up around the office to close in his section “like a bubble” to protect him and his colleagues from the dust.

But it only aided in keeping the asbestos in, he said.

He said asbestos filters outside the building had registered readings well above safe levels.

“They came in and told us that the readings were above the required levels yesterday – the key word was yesterday,” he said.

“We had already been exposed.

“They that night did a smoke bomb, and discovered three vents above a door that hadn’t been covered.

“At the end of the process, I was given a letter to say I could have possibly been exposed to asbestos.

“I was told to keep the letter in case anything popped up.”

Now 76, Mr Picken has been given just months to live after being diagnosed with terminal mesothelioma.

Mr Picken has since been awarded compensation from Comcare after filing a negligence claim in the Supreme Court.

Now 76, and sharing his story as part of Asbestos Awareness Week, he has been given just months to live.

“The cancer cells are now just moving around my body,” he said.

“I have cancer in two parts of the lung area, and it’s now eaten a hole in the spine.

“There’s no cure.”

He said he had lived a great life with his wife Eileen, who he has been with for 54 years, but worries for her, their five children and eight grandkids when he is gone.

That worry has been lessened after he was awarded compensation from Comcare after filing a negligence claim in the Supreme Court in May.

“We got this settlement money, which is something we have never had in our lives,” Mr Picken said.

“We raised five children on a single wage. We’ve always lived on a tight budget. The kids have always missed out on holidays and things like that.

“When we got the money, we thought about what we wanted to do.

“The thing is you require good health to do those bucket list things.

“But it provides my family financial stability when I’m gone.”

His lawyer, Karen Richards, from McDermott Richards Lawyers, said the Commonwealth owed Mr Picken a duty of care.

She said they failed to provide a safe work environment and prevent his inhalation of asbestos fibres.

“There is no safe level of asbestos exposure to prevent the diagnosis of a devastating disease like mesothelioma,” Ms Richards said.

“While asbestos remains in the built environment, we have to remain vigilant and asbestos awareness week is an important reminder of the toll asbestos disease takes on families.”

Asbestos Awareness Week runs from November 25 to December 1, with this year’s campaign focusing on reminding Australians that “asbestos can kill”, and to be aware over summer of its presence if you are renovating.

asbestossafety.gov.au

Originally published as Wangaratta grandfather David Picken wins asbestos claim after terminal cancer news