Widow settles 'washerwoman' asbestos claim with James Hardie

Thursday, 31 August 2017

Elva and Patrick Halliday when he was working for James Hardie in Penrose, Auckland. He died of lung cancer in 1992, having never smoked.

A widow exposed to asbestos while washing her husband's contaminated work uniform has settled a claim by his employer James Hardie.

Elva Halliday's case is a first for New Zealand, where claimants for asbestos-linked illnesses are generally eligible for compensation only when exposed at work. It has the potential to open a new avenue for other second-hand exposure victims.

Elva Halliday, now 84, has reached a settlement with construction supplier James Hardie. She has been diagnosed with mesothelioma, a form of cancer directly linked to asbestos exposure.

Building products supplier James Hardie employed Halliday's husband Patrick as a factory worker in Penrose, Auckland, from the mid-1950s until 1976, during which time he regularly worked with asbestos without appropriate safety equipment, even bringing home offcuts to use on his house renovations.

Patrick Halliday died of lung cancer in 1992, having never smoked, and his widow, now 84, has recently undergone radiation treatment after being diagnosed with mesothelioma – a form of cancer directly linked to asbestos exposure.

Australian lawyer Jonathan Walsh says many Kiwis who suffered indirectly from asbestos exposure may not be aware that avenues exist outside the ACC scheme to claim compensation.

* Widow sues James Hardie over asbestos exposure from washing her husbands overalls

* Dying Kiwis win payouts in Australia for asbestos exposure**

She could not discuss the details of the confidential settlment, but her lawyer, Jonathan Walsh, of Australia-based law firm Maurice Blackburn, said her case was critical in helping to raise awareness that even those exposed outside the workplace had access to a measure of justice.

'Sadly there are likely many people in New Zealand just like Elva, who have had their lives turned upside down from a carcinogen they should never have been exposed to. We hope her story can continue to help others, in recognising that they have rights to redress for what has happened to them,' Walsh said.

'Washerwoman' claims related to asbestos exposure have been brought in other countries, such as Britain and Australia, but never previously in New Zealand.

Compensation for the effects of asbestos exposure are handled under ACC, but come with limitations. The claimant must have been exposed at work, meaning families are not covered.

Halliday said she brought her civil case against James Hardie to provide others with a new avenue to compensation.

Speaking to Stuff previously, she said her biggest concerns were for her three children, who would often play with their father when he returned from work.

'Knowing that this [mesothelioma] has been diagnosed at my age, I feel they are under threat, because they were exposed too, as little children.'

All three are now in their late 50s and 60s.

'It makes me cross, and makes me feel very neglected by a firm that should have been able to make people aware of the dangers,' she said.

James Hardie has been approached for comment.