The first
lawsuit against asbestos manufacturers was brought in 1929. The parties settled
that lawsuit, and as part of the agreement, the attorneys agreed not to pursue
further cases. In 1960, an article published by Wagner et al. was seminal in
establishing mesothelioma as a disease arising from exposure to asbestos. The
article referred to over 30 case studies of people who had suffered from
mesothelioma in South Africa. Some exposures were transient and some were mine
workers. Prior to the use of advanced microscopy techniques, malignant
mesothelioma was often diagnosed as a variant form of lung cancer. In 1962
McNulty reported the first diagnosed case of malignant mesothelioma in an
Australian asbestos worker. The worker had worked in the mill at the asbestos
mine in Wittenoom from 1948 to 1950.
In the town
of Wittenoom, asbestos-containing mine waste was used to cover schoolyards and
playgrounds. In 1965 an article in the British Journal of Industrial Medicine
established that people who lived in the neighbourhoods of asbestos factories
and mines, but did not work in them, had contracted mesothelioma.
Despite
proof that the dust associated with asbestos mining and milling causes
asbestos-related disease, mining began at Wittenoom in 1943 and continued until
1966. In 1974 the first public warnings of the dangers of blue asbestos were
published in a cover story called "Is this Killer in Your Home?" in
Australia's Bulletin magazine. In 1978 the Western Australian Government
decided to phase out the town of Wittenoom, following the publication of a
Health Dept. booklet, "The Health Hazard at Wittenoom", containing
the results of air sampling and an appraisal of worldwide medical information.
By 1979 the
first writs for negligence related to Wittenoom were issued against CSR and its
subsidiary ABA, and the Asbestos Diseases Society was formed to represent the
Wittenoom victims.
In Leeds,
England the Armley asbestos disaster involved several court cases against
Turner & Newall where local residents who contracted mesothelioma claimed
compensation because of the asbestos pollution from the company's factory. One
notable case was that of June Hancock, who contracted the disease in 1993 and
died in 1997.