We have been successful in recovering a significant sum of compensation on behalf of the Estate of a 69 year old man who sadly passed away from asbestos-related mesothelioma in early 2021.
We were instructed by our client who advised us that his symptoms began in August 2020 in the form of a cough and chest pain and he had begun to lose weight. He underwent a CT scan which revealed changes which were suspicious of mesothelioma. Sadly, Mr D was too ill to withstand chemotherapy and passed away suddenly in February of 2021. The claim continued in Mr D’s daughter’s name and we continued to fight for justice for the family following their tragic loss.
Exposure to asbestos
Witness statements obtained in support of the mesothelioma claim described Mr D’s exposure to asbestos during the course of his work with Air Systems Limited between 1969/70 and 1973/74.
He worked on a number of large sites for the company including at British Celanese, Bridgewater, which was an aerospace division of Courthauld’s. He was engaged in a full strip out there working as a heating and ventilation engineer. He also suffered further exposure to asbestos at other group sites at Spennymoor and Skelmersdale.
One of the main things he had to use in his work in this role was an asbestos rope gasket material which came on large bobbins. He would unwind the material and would use a knife to cut the relevant lengths from the bobbin and then use this to seal flanged joints when working on the ducting systems and mechanical services. When he cut through the asbestos material, some asbestos dust was released into the atmosphere which he inhaled. However, the dust levels which came from cutting the asbestos rope gasket material were nothing compared to the levels of asbestos dust exposure he experienced in the general working environment. Throughout most of the sites he worked at thick asbestos lagging was present around pipework and boilers on the factory floor and in plant rooms. It was used because it was an effective heat insulation and fire-retardant material.
Thick clouds of dust
Mr D suffered very heavy exposure to asbestos as he would regularly be within a few feet of fitters and other maintenance men working on the pipes and boilers when he attended to his work on the ducts. They would use various tools including chisels and hammers to smash away at the asbestos lagging in order to attend to necessary repairs. He would also see lagging teams pouring raw asbestos fibre into buckets which they mixed with water to form a paste like mixture. They would then smother this onto the pipework and boilers with their bare hands in the plantrooms. This was terribly dusty work and as they poured the raw asbestos fibre into the buckets, large, thick clouds of asbestos dust would rise up into the atmosphere again, which he breathed in.
Labourers creating further danger
Labourers also cleared up throughout the day by using yard brushes to brush up the asbestos dust left behind by the laggers and fitters. This caused further asbestos dust to rise up into the atmosphere which all workers in the vicinity inhaled.
Proceedings issued
Despite being invited to settle the claim before involving the court, the Defendant refused, and court proceedings had to be issued under the High Court’s specialist asbestos claims procedure, with Mr D’s daughter securing a judgement in her favour, meaning that their claim would succeed.
Arguments were then raised by the Defendant on the value of the claim but the case finally settled without the need to proceed through to a final hearing at court.
Although Mr D sadly passed away before the claim concluded, we were still able to recover compensation on behalf of his Estate, which included a claim for care and assistance. Mr D’s daughters spent a significant amount of time helping their father with his online shopping, organising, cleaning, laundry, paying bills, ordering prescriptions and arranging appointments with doctors and the hospital.
Whilst the compensation payment will not restore the ten years stolen from Mr D and his family, we were pleased to have secured some degree of justice on behalf of his family as he wished.
If you require assistance in pursuing a mesothelioma claim or believe you have a valid asbestos claim for any other 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.