Mesothelioma and James Hardie

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Posted in: Mesothelioma Cancer in biosman2's Blog

Mesothelioma and James Hardie

by Karen Ballard

Besides the Australian Wheat Board Scandal with the Australian Government at present, the largest and most prominent legal case in Australia is the compensation claim by former and current workers, as well others who have been exposed to the products, of James Hardie. Many workers, and product users, are suffering cancer in various forms due to exposure to James Hardie products. Cancers such as Asbestosis, Pleural Mesothelioma, Peritoneal Mesothelioma and Pericardial Mesothelioma to name a few.

The insidious nature of theses diseases are that the symptoms may take 15 - 20 years or longer to show, and until the cancer advances to its secondary stages it can be misdiagnosed as many other complaints. The absolutely horrendous statistic is that on average most sufferers of these cancers do not live more than 250 days after diagnosis, making legal action very hard. This is where the current legal action with James Hardie becomes a huge precedent if found successful by the courts.

The people taking action on James Hardie in this case are doing so in a class action in order to get a mass judgement. The most important aspect of this case is that many workers of James Hardie may not have developed symptoms as yet, but if found to have contracted cancer due to working for, or coming in contact with James Hardie and their products, they have the right to claim monies from this compensation money pot. Never before has monies been ordered to be set aside in this way in order to fund future compensation claims. This is where this court case comes into own and will set a major precedent.

Now as far as I can work out, a little over four billion dollars has been set aside by James Hardie in order to fund current and future compensation claims. But the hold up in distributing those funds is the Australian Government and their taxation rulings. James Hardie and the legal representatives involved, wish for these compensation payments to be a non taxable item in line with other compensation payments delivered to Australians. (In Australia tax is only payable on these compensation monies when the monies start to earn an income either by interest payments from the bank or investments etc) But the Australian Government say that these payments are in lieu of wages and as such are taxable at the current wages rates.

At time of writing this, no one has come to an agreement on this taxation issue, so the funds are not yet released. And sufferers of these insidious forms of cancer are dying day by day, not receiving any funds. I just wonder who is receiving any interest payments on this money and are they being taxed by the Australian Government? I know this sounds "bitchy" but come on people lets get the money to those who need it, but more importantly who deserve it!

So where are we with this issue? We learn bits and pieces whenever there is a snippet of news, or there is a bit more movement on this issue. I have a page on my internet site (got to http://www.mesothelioma-lawyer-cancer-asbestos-symptom.com/index.htm and press on the link James Hardie in Australia) that lists as many of these press releases and articles I could find. I have tried to keep them in chronological order as best as possible running from the most recent to the oldest one.

Now I know this article has not been very precise, but this is a complex issue and one which cannot be fully grasped until all the information has been absorbed. This article was just a glimpse of some of the issues in this complex court case. If you wish to learn more about James Hardie and this compensation claim by the sufferers of lung cancer, asbestosis and mesothelioma, I encourage you to my internet site http://www.mesothelioma-lawyer-cancer-asbestos-symptom.com/index.htm press on the James Hardie in Australia link and read as many of the articles you want to. And of course if you feel you have a claim, contact a legal representative immediately. I don't know if there is a statute of limitations placed on these monies, or the fund will exist until date x. But if you do have a claim, act quickly. But more importantly - IF YOU HAVE BEEN EXPOSED TO ASBESTOS, ACT NOW! The quicker you find the complaint - the more treatment options you have.

My Mesothelioma Information Site is a work in progress and contains as much information regarding Mesothelioma in its three forms of Pleural Mesothelioma, Peritoneal Mesothelioma and Pericardial Mesothelioma, its symptoms as well as where to seek help etc. You can find my Mesothelioma Information Site at http://www.mesothelioma-lawyer-cancer-asbestos-symptom.com/index.htm

One more word of advice regarding Mesothelioma - On average it takes two to three months from the first visit to the doctors before a Mesothelioma Sufferer is diagnosed with a form of Mesothelioma. Also, about 25% of Mesothelioma sufferers have their symptoms about six months before they visit the doctor. This is precious time lost and THIS LIMITS YOUR TREATMENT OPTIONS!!! On average, once mesothelioma has reached its secondary stages, the sufferer lives only 264 days. That's less than a year! Catch it quick and treat it quick! If you have been exposed to asbestos see your doctor now. Tell them of your exposure and demand (in the minimum) a lung x-ray. Do this now, if not for yourself, for those who love you!

This article is of an information basis only. Remember to seek advice on anything mentioned in this article. I am neither a qualified doctor, accountant or legal representative. Seek advice from qualified professionals before making any decisions.

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