We were instructed by Mr R to pursue a claim for mesothelioma compensation after he was diagnosed with the rare form of asbestos related cancer.
Mr R had begun to feel unwell, suffering with pain in his chest as well as breathlessness. Doctors’ initial investigations pointed towards a heart problem, however, subsequent chest x-rays along with a pleural drain and biopsy confirmed a diagnosis of mesothelioma which is an incurable asbestos related condition.
Sadly, Mr R passed away just over six months after he was diagnosed. However, we continued to pursue the mesothelioma claim on behalf of his family.
Before he died we obtained a detailed witness statement from Mr R which covered his employment history and exposure to asbestos in great detail.
Mr R had worked for Imperial Chemical Industries Plc (ICI) between approximately 1974 and 1989 when he worked as a plant maintenance fitter at an ICI factory in Yalding, Kent. This was part of the company’s agricultural division which produced chemicals for the agricultural industry.
The plant site was huge and having been built in the 1920s, much of the pipework and heat vessels where chemicals were stored were lagged with asbestos materials. As Mr R was a maintenance fitter, his job entailed carrying out repairs to pipes and vessels. If a pipe had a leak and had to be repaired, Mr R and his colleagues first had to remove lagging from the pipes and this often required removing the asbestos from an entire section of pipework to the flanges, where the pipe sections were screwed together. The asbestos lagging was removed using a hammer and chisel and carrying out this type of work resulted in a vast amount of asbestos dust covering Mr R’s skin, hair and clothes and which could not help but inhale.
Much of the repair work Mr R carried out was completed in confined spaces, such as the roof space of the chemical works. He had to crawl through small spaces where pipes had thick layers of asbestos lagging, where there was little or no ventilation.
ICI were intent on fighting the claim and at a so called “show cause” hearing, put forward a case that there was no asbestos present within the factory. Thanks to our witness evidence, the Judge sided with the Claimant and awarded an interim payment of mesothelioma compensation to the family.
Following the success at the show cause hearing the Defendant made an offer to settle the claim for the sum of £75,000 in full and final settlement of the mesothelioma claim.
If you require assistance in pursuing a mesothelioma claim 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.