As a child, Caroline Wilcock and his friends fashioned snowballs simulacra of the gray-white dust that fell like snow and covered his English village of Bowburn in County Durham.
She and other children in the village used mass of the substance to draw hopscotch grids. Despite the clever and fun uses of this dust, villagers and their children did not know the powder contained the deadly asbestos expelled by the nearby Cape Asbestos Company. He made tarpaulins and corrugated roofing from the mid 1960s until it closed in the mid 1980s
Wilcock is now a designer of 51 years, London Fashion struggling against mesothelioma, a terminal cancer caused by exposure to asbestos. Last week, several British media reported that Wilcock recently won a legal settlement "substantial" Cape Intermediate Holdings Plc., The company previously known as the Cape Asbestos Company. The settlement amount is not public.
"My case establishes that the people of Bowburn were exposed to the dangers of asbestos there are more than forty years and were largely unaware or unable to do anything for themselves and protect their children, "Wilcock told the BBC in a recent interview. "I am angry that I and other children come into contact with asbestos while playing in our village and around our homes, and am sure that my case will not in isolation."
First victim to Come Forward
Wilcock was diagnosed with mesothelioma in 2010. she says Cape Asbestos Company's exposure to deadly mineral from 7 years old when his family moved to Bowburn in the late 1960 until joining college in the early 1980s, according to a report North Echo.
the report shows Wilcock has developed a persistent cough, shortness of breath and frequent colds while living Shanghai as an adult. At first she attributed her declining health of the historical problem of air pollution in this city, but doctors later gave him the grim news that she had mesothelioma.
malignant mesothelioma is caused almost exclusively by asbestos. It did not take long for his return Wilcock to trace disease to snow, she starred in near asbestos factory near his childhood home.
Bowburn residents told L'Echo du Nord dust windowsills covered cars and factory. His diapers were so thick that people could not hang their laundry outside to dry.
Wilcock also told the newspaper that she was surprised to be the first person to file a claim against the company when she knew other villagers have been affected by exposure to asbestos . She felt it was her duty to Bowburn to pursue its claim, and speak publicly about the incident. She encourages others to follow suit.
Case significant for mesothelioma victims, the families
Cape Asbestos Company had long closed when Wilcock has learned from his injuries. Until recently, there were few legal options for victims of the British asbestos to file lawsuits against companies that are no longer in existence or had changed hands.
However, a court in the United Kingdom in 2012 opened the door for injured employees to file legal claims against the successor companies of companies that went bankrupt, L'Echo du Nord reported. Wilcock's lawyer told the newspaper his case has opened the door for Bowburn residents and their families to file their own complaints against Cape Intermediate Holdings Plc.
The case of Wilcock's important for potentially hundreds of current and former residents Bowburn who can be a diagnosis of mesothelioma over the next 50 years. However, recent government reforms arising from similar cases could harm these victims. His lawyer told the Daily Mail that he is worried that "reforms to the financing of mesothelioma claims will bring an end to such public interest litigation".
The UK is considering reforms that victim advocates in this country say will slow claims payments under compensation of mesothelioma of the nation regime. They fear that these reforms will limit the ability of victims to pursue legal action, subjecting them to sanctions to bring claims, and generally make it easier for defendants to resist claims of asbestos.
victims lawyers in the United States share the same concerns about proposed reforms that apparently favor the accused. For example, the federal prosecution proposed Asbestos Claims Transparency Act (FACT) would give defendants asbestos lawsuit unnecessary access to detailed bankruptcy claims.
also advocates worry about reforms in the state limiting successor liability company for injuries from asbestos. Victims of US asbestos have long had the opportunity to file legal claims against the successor companies when the companies responsible for their injuries fold. But tort reform model favors pushing legislation that would limit liability. Some states, including Florida, Ohio and Pennsylvania, have already adopted reforms.
Fortunately, the victim advocates on both sides of the pond make sure their voices are heard. They encourage others facing similar situations to seek justice for their own demands and make stories that victims are heard.
Legislators must be recalled that the companies that took advantage of materials containing asbestos, and the successor companies that have taken over their assets, should be accountable to preventable injuries.
