Our Senior Associate, Laura Wilkinson, was instructed by Mr H to investigate a compensation claim after he was diagnosed with biphasic mesothelioma. At the time he was diagnosed, he was sadly already too poorly to receive any medical treatment.

Circumstances of asbestos exposure

Mr H alleged asbestos exposure whilst working as an AGA engineer with Gardiner Sons & Co (“Gardiners”) between 1995 and 1996 and with AGA Rangemaster between 1995 and 2007. He was also exposed to asbestos dust whilst working as a general stores person for Baileys Bristol in the early 1960s.

As an AGA engineer, Mr H carried out services on AGA cookers, which involved replacing asbestos rope gaskets on the cooker door seals, hot plate lids and inside the cookers, and replacing asbestos wicks that went around the diameter of the burner inside the cookers. Whilst Mr H worked with new AGA models containing asbestos components up to the 1980s, his asbestos exposure after the 1980s was limited to working with older AGA models. Mr H’s asbestos exposure with Baileys Bristol was limited to unloading asbestos sheets and gutters from delivery lorries. Throughout his employments, Mr H was never warned about the dangers of asbestos or provided with any protective equipment to limit or prevent his asbestos exposure.

Investigatory steps

Mr H was visited at home just days after he first contacted us and Laura took a detailed witness statement from him about his employment history and exposure to asbestos. Mr H provided the names of people with whom he had worked whilst employed by Gardiners and AGA Rangemaster and we were able to trace them and obtain two exposure witness statements in support of his claim. We also applied for government benefits on Mr H’s behalf, which resulted in an immediate lump sum payment.

Letters of Claim with details of the allegations of asbestos exposure were sent to the insurers on risk for Baileys Bristol given that the company was no longer trading, as well as Gardiners and AGA Rangemaster, both of which were still trading. Medical evidence from a Respiratory Consultant was later obtained and concluded that Mr H’s asbestos exposure with each of the three companies above would have contributed to the risk of him developing mesothelioma. Laura pushed for admissions of liability and prepared to issue Court proceedings in the absence of any being received.

Sadly, Mr H passed away and so steps were taken to transfer the claim into the Executor named in his will - his wife. Updated medical evidence was then obtained and liability admissions from the Defendant companies/insurers were sought again. The insurers of Baileys Bristol, as expected, denied liability. Gardiners, however, admitted liability. No liability comments were provided by AGA Rangemaster.

Settlement

Laura proceeded with the claim against Gardiners only on the basis that they could seek a contribution from AGA Rangemaster. Laura prepared a Schedule of Loss and Dependency setting out the maximum value of the claim to act as a starting point for settlement negotiations. The losses therein were supported by a witness statement in Mrs H’s name. These were served on the insurers of Gardiners together with an offer of settlement. Settlement negotiations ensued and the claim settled for a six-figure sum.

Mrs H gave this feedback following settlement of her claim: “I would like to say a massive thank you to Laura Wilkinson for her support through a very difficult time. Laura has been thorough, offering the best advice from start to finish. Her hard work, dedication and knowledge has been truly remarkable. She really has gone above and beyond. I can’t recommend this firm enough; genuine people achieving high standing results.”