A mining company found negligent for exposing a worker to asbestos, allegedly resulting in the man’s development of malignant asbestos mesothelioma, is appealing the plaintiff’s award of $2.2 million.

In August 2014, the Dust and Diseases Tribunal of New South Wales, a state on the east coast of Australia, found BHP Billiton Limited — the world’s largest mining company — negligent in this asbestos mesothelioma case and ordered the company to pay former employee Steve D. $2.2 million, a figure that includes $500,000 for pain and suffering experienced by Steve because of his mesothelioma condition.

The Dust and Diseases Tribunal is a specialist court that hears claims of damages from sufferers of dust-related diseases, including those linked to asbestos exposure. The tribunal also oversees damages claims from dependents of sufferers who have died because of dust-related diseases like asbestos mesothelioma. Established in 1989, the tribunal’s purpose is “to serve the interests of justice by expediting their claims without undue delay,” since claimants are often in the advanced stages of an illness.

Steve, now aged 54, worked as a laborer at the Newcastle steelworks, where for two years the plaintiff was exposed to asbestos dust from the blast furnaces. In 2010, he received the stunning diagnosis of malignant mesothelioma, when his lung collapsed and he had to have it removed.

Mesothelioma is cancer of the pleura, which is sensitive tissue around the lungs, usually caused by asbestos exposure. Malignant mesothelioma is the most serious of all asbestos-related diseases. According to the National Institutes of Health, it is estimated that 11 million people were exposed to asbestos between 1940 and 1978.

Australian news reports have stated that during the six-week asbestos mesothelioma trial, it became clear that BHP was aware that there were unsafe levels of asbestos exposure at their worksites, although the company argued otherwise.

Key testimony in this asbestos mesothelioma lawsuit came from a former BHP manager, who testified about the significant amount of asbestos present in the steelworks even before Steve began working at the company. According to this former BHP manager, he testified he knew that inhaling even small amounts of asbestos dust could be deadly.

However, former BHP General Foreman John Gillespie testified that the company continued to use asbestos materials until 1985. “I was astounded to learn that senior management within BHP knew that even short, intermittent amounts of asbestos could kill workers yet they continued to use asbestos without warning us,” Gillespie testified.

Steve and his family were distraught to learn that BHP was appealing the verdict. According to the plaintiff’s lead counsel, “The company has argued every available legal point for the duration of this case and it continues to do so but it is not fair for [the plaintiff] and his family. [The plaintiff] is and will continue to suffer from mesothelioma and it will take his life.”

Background on Asbestos Mesothelioma

Asbestos is a naturally occurring mineral that forms as tiny threads of fiber resistant to heat, fire, and chemicals. Asbestos is naturally present in the air, water, and soil and does not cause the majority of people to fall ill. Those most significantly impacted and at risk of developing asbestos-related diseases are people like Steve, who had significant, extended asbestos exposure, typically through work or substantial environmental contact.

Until the 1970s, asbestos was widely used in numerous American commercial industries such as strengthening cement and plastics, roofing insulation, fireproofing and soundproofing. Asbestos has also been known to be widely used in the shipbuilding industry to insulate boilers, steam pipes, and hot water pipes.