What You've Got Within You

2: Sydney 2002

2Sydney 2002

Every Wednesday morning, the asbestos team at Shaw & Fletcher’s Sydney office held a planning meeting during which the lawyers discussed the tactics for, and progress of, all current matters. Mesothelioma cases were given priority. Less than a week after providing Vivienne Glosioli with his family and work history and signing a costs agreement with Shaw & Fletcher, James Henderson’s case was up for discussion at a Wednesday meeting.

“We have a new meso case this week,” Gary Shaw announced to the ten lawyers seated at the conference table. “Vivienne, you have the details. Fill us in.”

Vivienne sat uncomfortably close to Shaw. His volatile Aramis cologne was suffocating. But she had learned to quell her reactions to rebarbative sights, sounds, odours and physical contacts. It was an essential ingredient to success as a female lawyer, particularly at her current firm, and in her dealings with her current boss.

“Thanks, Gary. The new file involves a 67-year-old retired builder called James Henderson, who has recently been diagnosed with mesothelioma. He had exposure in Scotland as a fitter and turner, then in Disaster Gorge, then in Henry King’s Riverwood asbestos cement factory and finally from King’s asbestos cement for decades as a builder.”

“Well, that’s a dead set winner!” interjected one of the solicitors. “Hard to think of a better case.”

“Yes, thanks, Carlos,” said Gary Shaw.

“No problem.” Carlos beamed at his colleagues until he caught sight of the lipless, straight line of Vivienne’s mouth. He half expected a forked tongue to flick out of it at any moment.

He looked back down at his papers.

“As I was saying, Mr Henderson’s exposure spans multiple periods of employment and involves the usual suspects. I’m worried, however, about how a court will treat the earlier exposure in Scotland. I don’t know whether it will affect causation. We cannot trace the company that employed him. Probably long gone. So, we have to press on without a defendant for that period.”

“Surely, you can just ignore it, Vivienne,” volunteered another associate, John Beall. “You only have to prove that the Australian exposure contributed to his mesothelioma to win. You don’t have to prove that the Australian exposure was the sole cause of his mesothelioma.”

“That sounds correct, John, but I’m still worried. What if the defendants try and argue that it was only the early, heavy exposure in Scotland that caused the mesothelioma? I might get two or three expert reports on causation to be safe.”

“Good idea, Vivienne,” added Shaw. “Although I wouldn’t worry too much about it. You know as well as I do that the case will settle like they all do. V&L and Henry King will pretend to put up a fight and then cave in once their expensive lawyers have racked up enough fees to pay for the artwork in their boardrooms. They’re not going to recommend defending the case. They haven’t in the past. They won’t now. Why would they? If they advise their clients to run a case and lose, they will probably end up losing all the work. I just can’t see it happening. It’s too lucrative. Besides, it’s not up to the plaintiff to volunteer information about asbestos exposure in Scotland. They are able to find that out themselves! Let ‘em do their worst. It won’t matter. They’ll be stuffed either way.”

“You’re probably right, Gary. Once I have Mr Henderson’s signature on the statement I’ve been preparing from my interviews with him, I’ll organise some expert reports on breach, causation and damages. I hope we will be able to file the statement of claim within a month and settle the case before Christmas.”

“Good. Now, what about Mr Baldwin’s matter? John, you’ve been handling that.”

Vivienne might have convinced Shaw that she agreed with his assessment of the case, but doubts in her own mind lingered. She could not explain why. It had something to do with James Henderson and his wife, Jenny. They were both very ordinary, so what was the big deal? She chastised herself for being weak and nervous. The chances were that it would be business as usual. Another easy settlement and on to the next case.