At Asbestos Justice, we are delighted to report that we have succeeded in an urgent, living mesothelioma claim with a significant “lost years” element for Mr B who was diagnosed with the terminal asbestos-related cancer during January of 2024.
Classic Exposure in Construction
Mr B was regularly exposed to harmful amounts of airborne asbestos dust when working for a small building firm called H W Poulton based in Drayton for around 6 months during 1969/70. We successfully traced employer’s liability cover for the period in question, even though the business never traded as a limited company.
A detailed witness statement was taken from our client in support of his mesothelioma claim, which covered how he had been instructed to remove asbestos lagging and cut up asbestos sheets with carpenters when working as a labourer on various properties in the local area, in entirely unprotected conditions.
No Biopsy Available
Unfortunately, Mr B was too unwell to undergo a pleural biopsy procedure to confirm his diagnosis and therefore, we had to rely on the clinical and radiological opinion expressed by Dr R M Rudd in his supportive medical report. In the absence of a biopsy, Dr Rudd stated that there was still an over 90% probability that Mr B was suffering with mesothelioma.
Despite this, the insurers for the Defendant refused to settle the claim and therefore , court proceedings had to be issued with a request for expedited trial. Judgement was secured at the time of the first “show cause” hearing, with an interim payment of £50,000 being paid to our client to help him over the course of his period of suffering.
Urgent Trial Listing
Thanks to our specialist asbestos disease solicitor, Mr James Cameron advancing the claim with speed, professionalism and vigour, the matter was listed for a trial on quantum within weeks of the court proceedings being issued. This placed the Defendant under real pressure, ultimately leading to them settling the claim a few weeks before the start of the trial for a sizeable sum of £205,000 gross of deductible CRU in full and final settlement within a period of 8 months from instruction.
This case shows that we are able to succeed in urgent, lifetime claims for mesothelioma, even in the absence of a confirmatory histological diagnosis.
If you require assistance in pursuing a mesothelioma claim, or believe you have a valid claim for any other asbestos disease, then 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.