Most Australians have the utmost respect for Bernie Banton, the sixty-one year old afflicted with Peritonal Mesothelioma who led the fight for compensation from the James Hardie company and it's asbestos contaminated products.
The fight was long and hard, and at one stage many suspeced that Hardie's were about to abandon this country when they moved their headquarters overseas. Eventually, a deal was thrashed out whereby Hardies would pay a significant portion of their profits into an ongoing compensation fund. This fund is now up and running, and Bernie Banton has received an $ 800,000 payout.
Bernie is now living the last few weeks - and more probably - days of his life as his disease reaches it's inevitable conclusion - but he is also in the courts seeking extra " exemplary damages " - money over and above the money received as a result of the settlement.
The case is pure theatre. If Bernie dies before a decision is reached - the case dies with him - but there is also the prospect of financial disaster for thousands if he succeeds.
If Bernie Banton receives an award - which could run into the millions of dollars - for " exemplary damages " then thousands of other sufferers will follow suit.
Hardie's shareholders thought long and hard before agreeing to the scheme already in place. It is most unlikely that the firm could survive financially if a new, open ended series of claims were to enter the courts.
Few would disagree that victims of asbestos deserve compensation. The question is whether moves to seek further money beyond the scheme in place will see Hardie's throw in the towel - and close it's doors in this country.
If that happens, the money tap will be turned off for thousands of deserving victims !
No comments:
Post a Comment