Court cases involving organophosphate poisoning

September 1995, in the Australian Supreme Court of New South Wales.
Defendants: Allambie Pastoral Co. (Insurers: Workcover Authority).
Judge: Master Brian Malpass.

History: McKenzie was a sheep shearer aged 54 at the time. He was ordered to shear sheep recently treated with an organophosphate pesticide containing diazinon, at two farms at Orana and Allambie holdings, near Temora, NSW, on March 9 and April 2 1993. He suffers chronic ill-health which prevents him from working.

Plaintiff's symptoms: Loss of concentration, weakness, lethargy, forgetfulness, vomiting, sleeplessness, depression, painful eyes and headaches.

The judge accepted that exposure to diazinon had caused "Serious injuries... preventing plaintiff from resuming work and impairing his ability to lead a normal life". Damages: £130,000 (Aus $257,578).

July 1997, in the Hong Kong High Court.
Defendants: Initial Environmental Services Ltd, Ciba-Geigy (Hong Kong Ltd), The Hong Kong Philharmonic Society Ltd, The Hong Kong Academy for Performing Arts, Wong Ching Ho Company Ltd.
Judge: Conrad Seagrott.

History: Phillips was an American timpanist, aged 47 at the time, employed by the Hong Kong Philharmonic Orchestra. On June 21 1987 he went to a rehearsal with colleagues in the Hong Kong Academy of Performing Arts. The area outside the rehearsal room was being sprayed with diazinon, for control of pests, by men wearing rubber suits and face-masks. As the musicians came in at another side entrance they did not observe this operation taking place. Phillips suffered increasing physical distress and was admitted to hospital. He is now permanently disabled and unable to work.

Plaintiff's symptoms: Initially these were breathing difficulties, painful eyes, vomiting and headache, which progressed to heart problems, hearing-loss and eye-damage. He is left with weakness, painful joints, and disabling neuro-psychiatric injury, preventing him from working.

The judge's comments were extensive. He accepted the plaintiff's claim that exposure to diazinon had caused his physical and psychiatric disabilities, that these injuries were likely to be permanent, and that they were caused by the negligence and breach of duty of all the defendants. Of Ciba Geigy the judge said that the company had developed, manufactured and then licensed for sale the product without proper labelling to warn of the dangers involved in its use. It was "more interested in the market place". The judge also commented on the inordinate length of the trial - 80 days - which, he said, was due to the case put forward by the defendants. Dr Goran Jamal (a neurologist from the Department of Neurological Sciences, Glasgow, UK) gave evidence on behalf of the plaintiff, his evidence was recognised to have been crucial. He was on the witness-stand for six successive days. The judge said that Kristan Phillips had suffered irreversible chronic damage to his health caused by a single exposure to diazinon via inhalation. This had caused permanent disability, inability to work, and severe impairment of his quality of life. Damages: The plaintiff was awarded £1.9 million, plus huge costs against the defendants, due to the length and complexity of the trial.

October 1997, in the Australian Supreme Court of New South Wales.
Defendants: Allambie Pastoral Company.
Judge: Master Michael Grove.

History: The plaintiffs, sheep shearers, were told to shear sheep recently sprayed with diazinon OP pesticide. This took place at Grana Holding on March 9 1993.

Plaintiff's symptoms: Chronic symptoms of lethargy, weakness, depression, muscle and joint pains, sore eyes and headaches.

The judge said "The evidence is well-nigh overwhelming, that a sufferer of acute symptoms from OP poisoning can develop chronic symptoms. I am persuaded that the preponderance of acceptable evidence leads to the further conclusion that acute exposure can cause the chronic symptoms - without necessarily passing through a stage of acute symptoms". He continued, in commending Dr Jamal's expert evidence: "As Dr Jamal summarised, the focus of genuine debate is whether long-term low-level exposure to OPs can, of itself, precipitate chronic symptoms". The two Australian toxicologists - Drs Whyte and Dawson - were also commended, and the judge noted that scientific papers published by Professor Echobichon were significant, as the professor had changed his position on this matter "as the frontiers of knowledge broadened by research and discovery". The judge said "The shearers show clear and unequivocal signs of chronic OP poisoning". Damages: Aus $613,144, plus costs against the defendants.

May/June 1997, in the High Court, London.
Defendants: Hill's employer, employer's insurer, Zeneca (OP manufacturer)
Judge: Chief Justice Smith

History: Hill, a farmworker, was instructed to use an OP pesticide - Actellic D - for an operation known as 'fogging' in a grain storage silo. He was not shown the container of the OP, he was not warned of health-hazards, and he was not provided with any protective clothing.

Claim: chronic disabling ill health from exposure to Actellic D, plus lack of care.