Personal Injury and Industrial Disease Solicitors

Background to the case

Our client, ‘MP’, was a 76-year-old widower diagnosed with pleural mesothelioma. He worked at Chatham Dockyards, Kent, between 1958 and 1976, working in different parts of the dockyards including the ships and submarines. He recalled working with “fluffy” blue and red/pink-coloured asbestos to pack valves. He often licked the blue asbestos as it was easier to handle when wet, not knowing it was the most deadly form of asbestos.

MP also recalled asbestos exposure from other workers in the workshops repairing pipe work or machinery parts insulated with asbestos, causing a dusty atmosphere. He was also occasionally exposed to asbestos dust on ships he worked on at Chatham Dockyards from asbestos-lagged pipes. MP was issued with no PPE except his work overalls.

MP had previously been very fit and healthy, but he developed a worsening cough and shortness of breath. Following family pressure, he visited his GP. After an x-ray and CT scan, a consultant at Medway Hospital diagnosed mesothelioma. He had his lungs drained and underwent chemotherapy through the NHS which reduced his tumour. For many months this allowed him to still enjoy a reasonable quality of life.

How we helped our client

We secured from the Ministry of Defence an early admission of liability for MP’s mesothelioma and an interim payment of £50,000.

Our medical expert confirmed MP had epithelioid mesothelioma caused by his asbestos exposure at Chatham Dockyards. He estimated MP’s life expectancy was reduced by 8.5 years. The mesothelioma would inevitably kill him soon. However, once the mesothelioma tumour began to grow again, MP should be suitable for immunotherapy, to give him more time.

We were particularly keen to secure a settlement of the main claim while MP was still here, to recover a six-figure sum for pension income he would lose in the years the mesothelioma would rob him of. (As he was a single widower, MP’s family would be unable to claim for financial dependency). However, we also wanted to give MP the option of later claiming for private immunotherapy treatment costs, as immunotherapy is not widely available on the NHS.

In negotiations, we secured a £238,500 settlement for MP, including future lost years’ pension.  The settlement terms allow him to claim later compensation for immunotherapy or other private treatment. Following the settlement, MP said: “Thank you very much for all your hard work and negotiating skills. Very well done.”

Background to the Case

Our client, MD, of Gillingham, Kent, was a 77-year-old married man, diagnosed with lung cancer following a history of asbestos exposure working in paper mills.

MD had worked in Reeds’ Aylesford paper mill, near Maidstone, Kent, between 1960 and 1963 as a boiler cleaner and then boiler fitter. The boiler and its pipes were lagged with asbestos and his work released heavy asbestos dust into the air. He was issued with a small cloth mask, which covered his mouth but not his nose and offered little protection.

From 1974 to 1976, MD worked in John Dickinson’s Croxley paper mill, in Watford, as a boiler room fitter/fitter’s mate, repairing the boiler, pipes and joints.  The boiler and pipes were again heavily lagged with asbestos which he had to remove to do repairs. He was again exposed to asbestos dust and given only inadequate cotton “mouth” masks.

MD had suffered from various medical conditions including serious kidney disease requiring dialysis at Medway Hospital. He then developed a persistent cough and shortness of breath, which became progressively worse and painful. He was diagnosed with lung cancer, following a CT scan, but no link was made with his asbestos exposure. MD received radiotherapy but was unable to have chemotherapy due to his dialysis. Within several months he developed pneumonia as a complication of his lung cancer. He died in Kent and Canterbury Hospital, leaving a widow and three adult daughters.

How we helped our client

Jeremy Horton, head of our Personal Injury team, took a deathbed statement from MD at hospital. This provided us with the essential account of his asbestos exposure history. Tragically, by the following morning MD had died. We had advised the family to insist on a Post Mortem and inquest. Unusually, their request was refused. Despite our advice, MD had not left a will.

Mr Horton prepared a hearsay statement for himself to confirm what MD had told him, supported by statements from his family. Our Private Client team applied for letters of administration to allow MD’s daughter to bring a claim for his death and her mother’s dependency. Internet research resulted in a supporting statement of asbestos exposure at the Croxley mill.

Our chest consultant advised, subject to engineering evidence, MD would not have developed lung cancer and died when he did if he had not been exposed to a high level of asbestos. Our occupational hygienist expert advised he was probably exposed to enough asbestos at the paper mills to cause lung cancer.

Based on our chest consultant’s report, we settled the claim for a large five figure sum.

MD’s daughter commented: “I cannot thank you all enough, I can now move my family up to Nottingham and give them a better quality of life.”