World Cancer Day: Ian’s asbestos story February 4 is World Cancer Day, a day to raise awareness of prevention, detection and treatment of cancer. Today, it is fitting to share our client’s story, in the hopes of raising awareness of the dangers of asbestos. Ian’s story Our client Ian Fitzsimmons, 78, tragically died in March 2024 after a years-long battle with illnesses his family claim were the result of his years working with asbestos as a carpenter and joiner at EJ Vibert’s Timber Yard in the 1960s and ’70s. Before he passed away, Ian started a legal fight against the now insolvent construction company, where he started working as a teenager, as well as former asbestos manufacturer James Hardie and Coy, now known as Amaca. From 1962 to 1971, Ian was a cabinet maker and joiner, before installing oil heaters for the company across Shepparton, which required him to cut into and clean up the asbestos-filled sheet. Ian’s children claim this was how he was exposed to the dangerous dust, and as a result, both his employers should have known he would have been at risk of developing lung disease. Ian died before his case made it to trial, but his daughter Tracy, and sons Dale and Shane, are carrying on his legal fight for damages and costs that mounted as a result of his medical care. In documents filed in the Supreme Court, the siblings allege their father died because the companies did not protect him from ingesting asbestos by giving him PPE and did not warn him about how dangerous the mineral was. Tracy said her father felt “trapped” in his home in the lead-up to his death because he had to be constantly connected to an oxygen supply, with portable tanks only providing enough oxygen to leave the house for just hours each month. “The hardest part was watching someone you love struggle to breathe,” she said. “I thought we could get him better, there has to be something that can fix him, no that wasn’t the case. “I don’t remember feeling any different when we found out the cause of his condition besides the continued frustration of hearing “there’s nothing we can do, this will eventually kill you”. Ian had trouble breathing for several years before he was officially diagnosed with pleural thickening, when scar tissue thickens the lining around the lungs. He also suffered from pleural effusions, a build-up of fluid between the layers of tissue that line the lungs and chest cavity and haemothoraces – an accumulation of blood within the plural cavity. His family were forced to watch their ‘loyal and generous’ father slowly die. Pursuing legal compensation for asbestos-related disease Arnold Thomas & Becker lawyer Travis Fewster said, “For years, Ian was exposed to and inhaling dangerous dusts and fibres that sadly culminated in the cancer that cut his life short.” “No amount of compensation will bring Ian back to his family, however we hope that we can raise awareness of the very real danger of asbestos.” Tracy remembered her father as a family man and sports fanatic who loved cricket, football and lawn bowls. He loved his family and had a special bond with his grandson Bailey who was his carer for the last six years of his life,” Tracy said. “He did what he did because it made him happy not for any recognition.” Contact us If you’ve been exposed to asbestos, our experience lawyers can help you obtain the compensation you’re entitled to. Arnold Thomas & Becker have locations all across Victoria, so no matter where you live, we can help you seek justice. Call us today on 1300 333 300 or send us an email at [email protected]