£300,000 for former painter and decorator with mesothelioma, with private treatment Order.

RWK Goodman’s expert mesothelioma asbestos claims team was instructed to investigate a claim on behalf of Ken after his diagnosis of mesothelioma.

Ken had been suffering with shortness of breath and an x-ray identified fluid on his lungs which was drained. He then underwent a biopsy, following which he was sadly diagnosed with mesothelioma.

After his diagnosis Ken had radical surgery, having a thoracotomy, pleurectomy and decortication followed by chemotherapy.

Ken was exposed to asbestos as a painter and decorator of commercial buildings when employed by Battenoak Limited. He worked in several different premises including banks and shops. His work entailed removing asbestos and sanding down asbestos lagged pipes. Detailed witness evidence was taken from Ken at his home after our instructions.

Despite notifying the representatives for Battenoak Limited of Ken’s claim in January 2022, shortly after Ken instructed us, the Defendant made no admission of liability, and it was necessary to issue Court proceedings to progress Ken’s claim. At the first CMC judgment was entered against Battenoak Limited with an Order to make an immediate interim payment of £50,000 on account of Ken’s damages.

In the meantime, scans identified that Ken’s cancer was progressing and since he had already had surgery and received chemotherapy, he was unable to receive dual immunotherapy with Ipilimumab and Nivolumab under the NHS. Annabelle Neilson, in our expert mesothelioma claims team acted on behalf of Ken and immediately sought an agreement for funding of private immunotherapy treatment, which was agreed within 12 days of Ken notifying her of his need for private treatment. He was seen by a private oncologist the next day with treatment commencing shortly after. His immunotherapy treatment has been successful in preventing any further progression of his disease, but he continues to be monitored by his oncologist.

A Schedule of Loss was prepared and included claims for services provided by Ken in his home and caring for his grandchildren, both since his diagnosis and up until his expected death, but for his mesothelioma. A claim for construction of a porch to house Ken’s wheelchair was included and replacement of his car with a ULEZ compliant vehicle for ease of travel to the hospital for treatment.

The Defendant made 4 offers to settle, all of which Annabelle advised Ken to reject. The Defendants first offer was £210,000 and settlement was eventually agreed at £300,000 and included provision for funding of any private mesothelioma treatment recommended by Ken’s oncologist. Settlement was agreed just four weeks before the listed Assessment of Damages hearing.

The Defendant was slow in dealing with Ken’s claim. They failed to admit liability in a timely manner and Annabelle was forced to issue proceedings to secure liability. The Defendant then made countless offers to settle, many of which were far too low. But because of Annabelle’s advice and negotiation skills, Ken was able to achieve a settlement £90,000 above the Defendant’s first offer. Annabelle also secured a private treatment Order allowing Ken to continue his immunotherapy, and any other treatment he may need.

Ken was delighted with his settlement and said to Annabelle “what you have done, is to secure the future for Dee (Ken’s wife). This money is for her future so she can afford to stay in this house, which means any member of our family will always have a roof over their heads, for this you and your team have my eternal gratitude”.