Posted on June 21, 2017
Jonckheere Legal Victory in Belgium!
The Asbestos Disease Awareness Organization (ADAO) sends support and congratulations to Eric Jonckheere and his family, who are finally getting a bit of justice after a 17-year-long fight.
The notoriously negligent asbestos company Eternit announced on June 20 that it would not appeal the March 2017 verdict that held the company responsible for the death of Eric’s mother, Françoise Vannoorbeek-Jonckheere, who died from environmentally caused mesothelioma in 2000.
Eric’s family has a long and tragic history with Eternit. His father, Pierre, was an engineer at the Eternit factory in Kapelle, and died from mesothelioma in 1987 at age 59. Eric’s mother’s death in 20000 was followed by the mesothelioma-caused deaths of two of the five Jonckheere sons, Pierre-Paul and Stéphane, in 2003 and 2009 respectively. Two of the remaining three boys show pleural plaques on their lungs now, which is a symptom of asbestos. The Jonckheeres lived less than 100 yards from the factory fence, and the entire family suffered extensive environmental exposure. In 2000, the Jonckheere family helped to found Association Belge des Victimes de l’Amiante Asbest (ABEVA) to fight back against the scourge of asbestos in Belgium.
When Françoise’s case first went to trial court, the judge awarded 250,000 euros to the Jonckheere family. In the Upper Court of Appeal, this compensation was cut to 10% of its original amount after Eternit lawyers argued that the cancer was caused by crocidolite asbestos, which the factory in Kapelle stopped using in the late 1970s; and therefore, compensation would be barred by the statute of limitations.
“Eternit lawyers also argued that the judgment was excessive for someone dying at age 66,” said Dr. Barry Castleman. “This is an example of an argument that no defense lawyer would dare to make in a trial before a jury of ordinary citizens.”
In March 2017, the Belgian appeal court ruled that the Eternit’s negligence with asbestos had caused the avoidable mesothelioma death of Françoise. Eternit threatened to appeal the decision, but on June 20, the company announced that it would not appeal this judgment to the Court of Cassation (Supreme Court). Thus, the verdict against Eternit stands, holding the asbestos company accountable for the first time in Belgium, where it wrought such extreme environmental damage.
The 17-year battle that the Jonckheere family endured exemplifies how hard we must fight for our victories. Many people would have given up when faced with the set backs and the challenges so common to asbestos victims, but Eric and his family refused to compromise their integrity when things got tough.
“It wasn’t the money that motivated us but Please join me in cheering on the Jonckheere family in this moment of victory. Their long, exhaustive fight will pave the way for future victims to seek justice. Together — and with persistence — we are making change happen! Linda