Former RAAF Corporal Wins Landmark Negligence Claim Over Chemical Exposure

The Background

Bob Caesar, a former Royal Australian Air Force corporal and instrument fitter, used trichloroethylene (TCE) to clean oxygen equipment from C-130A Hercules aircraft at the Richmond air force base in NSW during the 1970s. He reported that the solvent caused skin burns and respiratory difficulties.

The Legal Outcome

In March 2024, Caesar won a negligence claim against the Australian federal government, which conceded that TCE exposure caused his terminal condition, pulmonary veno-occlusive disease (PVOD).

The government offered compensation the day before trial.

Caesar described the legal process as drawn out.

Medical Evidence

Dr. Shaun Yo of The Alfred hospital diagnosed Caesar with PVOD, a rare lung disease linked to TCE exposure. Yo noted that Caesar's age and gender were atypical for pulmonary arterial hypertension and emphasized the importance of occupational history in diagnosis.

Occupational history was critical to identifying the cause of his rare and fatal lung disease.

Toxicity of TCE

Trichloroethylene (TCE) is a human carcinogen associated with:

• Liver and kidney cancer
• Non-Hodgkin's lymphoma
• A 500% increased risk of Parkinson's disease

It is banned or strictly regulated in many countries. The Department of Veterans' Affairs has recognized TCE as a cause of Parkinson's since 2016.

Lawyer's Statement

James Marsden-Smith, Caesar's lawyer, said the government was aware of TCE's health risks since the 1950s and had safer alternatives.

"They knew the chemical could kill, but argued they didn't know it could kill in that specific way."

Marsden-Smith compared the defense tactics to those of tobacco companies, noting the government's argument that while they knew exposure could be fatal, they did not anticipate the particular disease that developed.