Mesothelioma Claim after Trevor’s Asbestos Exposure

Mesothelioma is usually preceded by pleural plaques. Sadly Trevor received this diagnosis in 2012 and asked if we could help with his industrial disease claim.  Barratts had been recommended to him by his respiratory physician who suggested he should investigate a claim for compensation. Trevor had a history of working with asbestos throughout his working life as a pipe fitter in power station boilers.

Although he had no symptoms and appeared healthy, the diagnosis indicated scarring of the lungs. Unfortunately the law did not allow us to pursue a claim for pleural plaques alone.  Accordingly, we had to advise Trevor of this. We emphasised that if he did develop symptoms, he should contact us again immediately.

Some six years later Trevor returned to the office. In contrast to the fit 73-year-old we saw in 2012, he was now severely disabled. He could no longer walk more than 100 feet at any time and his wife needed to support him. He had the previous week been given a diagnosis by his respiratory physician of mesothelioma. This is a fatal disease almost always caused by exposure to asbestos fibres.  In addition to this diagnosis he had been given approximately 3 months to live.

Mesothelioma and Asbestos exposure in the workplace

We urgently investigated his working history so as to be in a position to understand where he was likely to have been exposed to asbestos and with which employer. Trevor gave us a very detailed statement about his work history. We also spoke to a number of his ex-work colleagues who were able to corroborate the circumstances of exposure to asbestos and the absence of any Personal Protective Equipment (outside HSE guidelines). We identified the insurers of the employers for whom he worked and we made claims on Trevor’s behalf. Given his very limited life expectancy Court proceedings were commenced immediately in the expedited “mesothelioma list” in London and we were able to secure for him a speedy interim payment. Sadly however shortly after Court proceedings were issued Trevor died of his illness; his wife Connie took over the claim on behalf of the estate.

Unfortunately, none of the employers against whom the claim were made were prepared to accept responsibility.  We were therefore required to obtain expert engineering evidence. This concluded that each of his previous employers had failed to provide proper protection for Trevor whilst he was at work. We therefore invited the Court to list Trevor’s claim for an urgent hearing as to whether one or more of the ex-employers were responsible. Very shortly before this trial was to take place they collectively accepted responsibility.

Shortly after this, our team began negotiations with the legal representatives of the three ex-employers. During negotiations we persuaded them to compensate Connie, on behalf of Trevor’s estate for his pain and (very intense) suffering prior to death.  Compensation was also made for the absence of Trevor’s contribution to the upkeep of the house and garden and for funds which he was no longer able to pay to his grandchildren.

Post-script

Although the agreement was reached with the three Defendants in late 2019, payment was not made by the Defendants as agreed. We were therefore required to issue an application to Court for an Order that payment be made. We were successful in this application and 90% of monies were paid. However, some 8 months later the Defendants have failed to pay Connie the interest on her compensation. We have made a further application to Court.