Asbestos Justice are pleased to report that we have succeeded in recovering a high sum of mesothelioma compensation for Mrs C who sadly lost her husband to the incurable asbestos-related cancer on 22nd March 2018.
Whilst the couple resided in South Africa, his exposure to asbestos dust occurred when he worked for Cape Asbestos at their Barking, Essex factory, and we were able to progress the claim for him and his surviving widow via phone and email.
Work with Cape
The deceased was employed by Cape as an apprentice engineer and whilst his exposure to airborne asbestos dust was relatively light within the workshop where he worked, he was more generally exposed to the deadly dust as a result of the company being involved in the manufacture of various asbestos produced including light switches and brake linings in the production areas of the factory. He was never provided with any form of mask when working in the workshop and this was relied upon as proof of negligence in support of the mesothelioma claim.
The deceased’s exposure was mainly due to the asbestos dust within the general atmosphere, together with assisting with maintenance on equipment in other areas of the site, including the processing plant. The deceased did not wear a respiration mask during his time within the engineer’s workshop.
Upfront compensation and treatment
We were able to secure an admission of liability form Cape within around 4 months of receiving instructions and our client received £50,000.00 in upfront compensation, known in law as an “interim payment”. This assisted him with private immunotherapy treatment bills. He was able to undergo 9 cycles of this potentially groundbreaking treatment, which works by harnessing the body’s immune system to target mesothelioma cells. We succeeded in claiming back the full total claimed for private treatment costs on behalf of Mr C and his family.
From October 2015 the deceased developed chest and back pain, and underwent further investigations from the beginning of 2016. Following a CT scan in 2016 he was found to have evidence of pleural disease, including right-sided plaques with chest wall invasion. At the time he underwent closed and open biopsy procedures which were initially returned negative. However, a third biopsy then confirmed metastatic malignancy in the form of mesothelioma and as a result, no post-mortem was ordered in South Africa, in view of the lifetime finings.
The deceased then went on to receive palliative external beam radiotherapy and chemotherapy. He then received second line chemotherapy in the form of three cycles but sadly, his disease continued to progress.
However, after undergoing 9 sessions of private immunotherapy treatment his condition stabilised, which was fantastic news.
The deceased was a successful businessman, having set up his own profitable business which employed 180 people at one time.
Before receiving news of his diagnosed mesothelioma, Mr C had taken a step back away from the day-to-day operation of the company but he remained on the board of directors, giving him an interest in the company’s financial health. He did not have any plans to retire as he enjoyed working for the company and continued to work regularly for the company. passing his experience and knowhow on to his son and business partner’s son.
The deceased allowed his son and business partner’s son, to take over the operations whilst he retained a role on the board of directors. He therefore had influence and interest in the Company but his involvement became increasingly difficult due to his grave state of health. He did not have any formal plans to retire and still held the desire to retain some involvement in the Company going forward, after he and his business partner had worked so hard to set the company up.
Financial dependency claim
It was argued by the Defendant that Mrs C would be unable to include her inherited shares from her late husband’s estate for the purposes of the claim for “loss of financial dependency” as no loss had crystalized. We pleaded the claim on the basis that this inherited amount should be disregarded under s.4 of the Fatal Accidents Act, when looking at the widow’s income, and were successful in doing so.
We were able to secure a gross sum of compensation for our client of £430,000.00 using our experience as specialist asbestos disease solicitors to maximize the level of compensation she received following the tragic loss of her husband.
If you require assistance in pursuing a mesothelioma claim or believe you have a valid asbestos claim for any other disease, please contact us today on our freephone number 0800 038 6767. Alternatively, head over to the ‘Contact Us’ page, complete the form and we will be in touch.