Washing husband's asbestos uniform leads to cancer for widow who is suing James Hardie

An elderly widow with cancer caused by asbestos is taking a "washerwoman syndrome" claim against James Hardie in a New Zealand first. Photo / File.

An elderly widow is taking legal action against building products supplier James Hardie in a New Zealand first, after she developed a type of lung cancer caused by asbestos.

Elva Halliday was shocked when doctors diagnosed her with mesothelioma in early 2015, a type of lung cancer directly linked to asbestos exposure.

Her husband Patrick Halliday worked at James Hardie's Penrose factory in Auckland from the mid-1950s until he retired in 1976.

The couple were never warned about the risks of asbestos and Halliday came home covered in its dust every day, exposing them and their four young children.

He also used cement pipes from the factory to build a fence at their Mangere East home, drilling into the pipes and crushing the leftovers into a garden path.

Due to its strength, durability and resistance to fire and water, asbestos was widely used in building products and materials until the 1990s.

But it is New Zealand's number one killer in the workplace with about 170 people dying each year from asbestos-related diseases.

Patrick Halliday died in 1992 of lung cancer, even though he never smoked.

Elva Halliday, a retired teacher who now lives in Brisbane, also never smoked but she spent 20 years washing her husband's work clothes.

Her claim against her husband's former employer is for failing to protect the family against a known toxic substance.

Compensation for asbestos exposure is handled by ACC, but is limited to claimants who have been exposed at work.

Because families are not covered Halliday asked her Brisbane-based personal injury lawyers Maurice Blackburn to sue under the "washerwoman" avenue.

Washerwoman syndrome claims related to asbestos exposure have been brought in other countries including Australia and Britain, but not in New Zealand.

During radiation treatment at the Royal Prince Albert Hospital in Brisbane Halliday, now 85, discovered dozens of other sufferers as young as 40 with asbestos-related cancer and decided to take a stand.

"This is not an accident. This is negligence and duty of care for the people who earned the money for these firms and to be me I find it criminal nothing was ever done to inform my husband, myself or anyone of the dangers of asbestos."

She wanted New Zealanders to know it was possible to "bring these people to task".

Halliday's lawyer Jonathan Walsh told Fairfax he had high confidence she had a legitimate claim to compensation.

"Her condition is only caused by asbestos, and we think that, judged by a fair assessment of the evidence before the court, that the case will be successful," Walsh said.

He said hundreds of similar cases brought in Australia had been successful.

Halliday said her three remaining children, Margaret 60, Tom, 59 and Brian 57, fully supported her stance.

The pensioner said the civil claim, which she was able to pursue through Maurice Blackburn's "no win no fee" policy, wasn't about the money but about doing what's right.

"It's about helping people younger than myself. I couldn't afford to hire lawyers. I've worked hard all my life but I've never accrued wealth as people do these days and seem hell bent on doing at other people's expense.

"That's what gets to me the most. The [James Hardie] workers didn't seem to count."

A spokeswoman for James Hardie confirmed to Fairfax Halliday had commenced proceedings against subsidiary company Studorp, but said "as the matter is the subject of legal proceedings, it is not appropriate for us to comment further".