Graham’s story: a battle for compensation after developing mesothelioma

Perched on the edge of Lake Macquarie on the Central Coast of New South Wales, Kingfisher Shores is a popular spot for retirees. The tree-lined shore and stunning waterway of Lake Macquarie make this a haven for so many Australians who choose to spend the last chapter of their lives there.   

It’s in Kingfisher Shores where 77-year-old retiree Graham Bain retired with his wife Jill. He spent his days fishing, golfing and riding his CBR 1000R motorbike. An active member of his community, he volunteered at a local soup kitchen once a week and helped tend to a community garden.

What should have been a peaceful and restorative chapter turned into tragedy when Graham’s health rapidly declined, and he was diagnosed with mesothelioma. Mesothelioma rare and ultimately terminal type of cancer is caused by asbestos exposure. Faced with a life cut short by industry negligence, Graham took up a battle for compensation to fight for the justice he deserved.

The invisible killer

Graham began working as a carpenter’s apprentice in the early 1960s on the Northern Beaches of New South Wales. After a stint in the army, he worked for himself for a few years, building residential homes and units around town.

On the job, day after day, Graham cut, handled and installed fibro sheets and other building materials from reputable brands widely used in the industry. When the crew were cutting the fibro sheets, asbestos dust and fibres landed on their clothes and skin and made their way into their mouths and lungs.

Like so many others, Graham didn’t wear equipment to protect his lungs when he used these materials. He was under the impression that his working conditions were safe. But the asbestos fibres present in what he believed to be innocuous building materials were actually a dangerous carcinogen that made their way into his lungs.

When a recession hit and the jobs dried up, Graham was lucky to find work with a friend who owned a boat-building business, where he stayed on for many years before going out on his own. It was the asbestos he had been exposed to in his formative years that would come back to haunt him.

A life cut short

Around September 2024, Graham was taking a stroll around the block after dinner when he became short of breath, and a pain in his side stopped him in his tracks. The shortness of breath persisted for weeks until his wife Jill convinced him to go to the emergency room.

A chest X-ray, followed by a CT scan, showed a large amount of fluid in the lungs and a partial collapse. Graham’s symptoms left his doctors perplexed. After many more tests, specialists and surgery, he was diagnosed with malignant epithelioid mesothelioma, caused by asbestos exposure. His doctor advised him to start immunotherapy as soon as possible and gave him a bleak prognosis.

Graham and Jill were devastated by this news. They had been looking forward to a long and peaceful retirement. Finding out that industry negligence had caused Graham to be exposed to a deadly carcinogen in his workplace was a hard pill to swallow.

Holding the asbestos manufacturer to account

I first met Graham in December 2024, when I visited his home to hear his story and determine how I could help. What stood out to me about Graham was that he was a relatable, open, and honest guy. Over the weeks and months that we worked together to build his case, we developed a great relationship.

Our first job was to prove that Graham had mesothelioma caused by occupational asbestos exposure, so we started investigating all potential sources of exposure and reviewed the medical evidence. We did this so that we could determine whether Graham had common law entitlements – an ability to bring a claim against someone who was negligent and caused Graham to develop mesothelioma – in this case, the asbestos manufacturer.

The next step was to brief a series of experts to ensure we could prove that the manufacturers of the asbestos products Graham worked with were liable and to assist in quantifying his damages.

After filing the case and compiling Graham’s evidence in an affidavit, we served the asbestos manufacturer with the case.  Several months later, a compulsory mediation was set. To prepare Graham, we made sure he understood the process and made him aware of the strengths, weaknesses and risks of his case.

Compensation for Graham’s ordeal

In the mediation, the defendant largely accepted our evidence and did not dispute liability. The matter was settled, and the asbestos manufacturer agreed to pay Graham a significant settlement amount.

We were also able to help Graham with an application for statutory entitlements for people diagnosed with dust diseases, such as mesothelioma and asbestosis, as a result of their employment. This ensured that Graham had access to a range of entitlements, including medical expenses and a small pension.

While Graham and Jill are still coming to terms with Graham’s illness, this outcome has brought them some comfort. Those who knowingly put Graham and so many others’ health at risk by manufacturing toxic products have been held accountable, and the funds won will help alleviate some of the stress inflicted on the family.

The deadly legacy of asbestos, ‘the miracle fibre’

Graham is one of many Australians suffering from prolonged asbestos exposure. Asbestos use was widespread in Australia from the 1930s to the 1980s. Dubbed the “miracle fibre”, it was durable, fire-resistant, and cost significantly less than other building materials. Used for various purposes and in a wide range of products and industries, it was everywhere – in building materials such as fibrous cement sheeting, roofing, and insulation, in transportation materials like brakes, clutches, and gaskets, and in diverse textiles like fire blankets and oven gloves.

Though many in the industry and government knew of the health risks early on, the public was not made aware that the tiny fibres in asbestos can make their way into the tissue that lines the lungs, abdomen, heart and testicals and cause the rare, aggressive cancer mesothelioma.

Australia has one of the highest per capita rates of mesothelioma deaths in the world. Statistics show that approximately 80 per cent of Australians have been exposed to asbestos at some point in their lives.

Mesothelioma can take years to develop, with a long latency period from exposure to diagnosis. Despite the establishment of a ban in Australia on all forms of asbestos in 2003, the legacy of this dangerous carcinogen lives on, while those exposed to it continue to die before their time.

We’re here to help

If you’ve been exposed to asbestos at work or at home and diagnosed with an asbestos-related disease like mesothelioma or asbestosis, you may be able to make a claim for compensation.

There are time limits for filing asbestos-related compensation claims, therefore it is crucial to seek expert legal advice as soon as possible.

Our team of expert asbestos-related disease lawyers are here to help you understand your legal options, your eligibility and the processes involved when making an asbestos compensation claim.