A Sydney plastic surgeon is suing the Sydney Local Health District after he developed terminal mesothelioma, which he believes is caused by asbestos exposure while working at the Royal Prince Alfred Hospital in Camperdown in the 1970s.
In a preliminary hearing, Dr Warwick Raymond Harper, who filed a statement of claim in the NSW Dust Diseases Tribunal, allegedly from using tunnels at the hospital when he was working as a surgical registrar. The tunnels connected the western and eastern sides of the complex, and Dr Harper believes that he was exposed to asbestos-containing material from dust and insulation fibres present in the tunnels.
Dr Harper is a specialist plastic surgeon who is continuing to practice despite his diagnosis.
While SLHDH and Dr Harper had agreed on mediation and a mediator, a date had not been set. Noting the process was overdue, Judge David Russell has ruled that the case be removed from the resolution process and, moving forward, will be managed by a judge of the tribunal.
The complications referred to by Judge Russell included determining the past and future economic losses for Dr Harper, which a forensic accountant has placed at more than $2 million.
“The defendant’s solicitors have served reports from medical specialists which opine that this is a “low dose” or “de minimis” case and that even if there was exposure to asbestos in the tunnels under Missenden Road, the level of exposure would not have been sufficient to cause the plaintiff’s disease.”
The delays in mediation, according to Judge Russell, had resulted in “substantial prejudice to the plaintiff and in substantial delay. The plaintiff has a terminal illness and every day lost causes prejudice in the completion of his claim,” he said.
“It is, of course, essential that the plaintiff’s claim be settled or completed in his lifetime, as he will lose his claim for future loss of earning capacity if he passes away before the proceedings are concluded. While there might then be compensation to relatives claim available, that is often an inadequate substitute.”
It is expected a date will be set for the resolution process before a judge shortly.