Cancer Victim Wins $2 Million Compensation from James Hardie

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Cancer Victim Wins $2 Million Compensation from James Hardie

October 28, 2011 9:48 AM EST

A WA man has won $2 million in compensation from James Hardie after the Western Australian Supreme Court found the building materials company negligent in dumping asbestos that caused him to develop mesothelioma.

The award ordered on Wednesday ended 42-year-old Simon Lowes’s more than two years of legal battle with the James Hardie compensation fund, which denied responsibility for the cancer he developed for playing in an orphanage playground used as an asbestos dumpsite.

Judge Michael Corboy’s decision on Wednesday said James Hardie should have never dumped asbestos at the Christian Brothers’ orphanage at Castledare, where other children also played in a favorite miniature railway built from asbestos waste and inhaled asbestos dust.

Lowes was diagnosed in 2008 with mesothelioma, a fatal form of cancer caused by exposure to asbestos. He had undergone several surgeries, chemotherapy and medical tests.

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