Asbestosis claim settled for Power Station Fitter 30 years after diagnosis.
Mr G started working at The Hams Hall Power Station in the West Midlands as a teenager and worked there for 30 years. Initially, Mr G was employed as an apprentice fitter and, as such, he was given the more menial tasks to perform including mixing asbestos powder into a paste and removing asbestos lagging from turbine housings and pipework. He was often working in clouds of asbestos dust.
Mr G first noticed the ill effects from breathing in this amount of asbestos in the late 1970s and was advised to claim from the government. His claim was rejected. In fact, he was given a letter from the power station which encouraged him to stand behind barriers when asbestos was being stripped and was advised to stop smoking.
It wasn’t until the mid-1980s that he was supplied with a paper mask in an attempt to minimise further asbestos exposure.
Sadly, his health started to deteriorate in the early 1990s. He went to the doctors who referred him for tests and a CT scan revealed that he had asbestosis and would require an oxygen tank in his home to help him breathe. This meant that he, and his disabled wife, were effectively housebound and reliant on other family members to provide care and assistance.
This time, when the family applied for government assistance, it was granted – they received a lump sum and benefits.
The doctor also advised that he seek further compensation relating to his diagnosis of asbestosis, but he was told by his union that he was time barred, meaning that 3 years had elapsed since his initial diagnosis. He was therefore worried about the legal costs he could incur, so decided not to pursue a legal claim.
Mesothelioma suspected.
Unfortunately, Mr G’s health deteriorated even further. He lost weight and became very short of breath. After further investigations, the doctors suspected that Mr G now had mesothelioma, however, he was deemed too unwell for a biopsy to confirm the diagnosis.
Following the suspected diagnosis, Mr G contacted our team of specialist mesothelioma solicitors to see if there was a chance of claiming. We took on the case, even though the initial diagnosis was made 30 years earlier.
Helen Childs, Head of the asbestos team at RWK Goodman, determined that the crucial point was whether the owners of the power station would be more prejudiced in investigating the claim than they would have been if it had been brought within three years.
There was certainly no problem in establishing asbestos exposure as Mr G had kept the letters advising him to remain behind barriers to minimise exposure to the dust. Also, the level of exposure that can cause mesothelioma is relatively low when compared to other diseases such as asbestosis.
It was not possible to confirm a mesothelioma diagnosis without a biopsy so the claim proceeded on the basis of the long standing asbestosis diagnosis.
An offer was made to the Defendants but sadly, Mr G’s condition worsened and he passed away shortly after.
Post-mortem at odds with diagnosis
Following Mr G’s death, there was a post-mortem. However, the results stated that his death was not asbestos related. Our solicitors disagreed and a second opinion was sought. There was then confirmation of high levels of asbestos in Mr G’s lungs, showing clear evidence of asbestosis, but not mesothelioma.
Our expert asbestos solicitors made a reduced offer which reflected the disease type and the fact that there were periods of exposure that were not pursued. This figure was accepted by the Defendants, E.ON.
Helen Childs concluded:
“We were quite sure that this was the situation here as Mr G’s employers had faced scores if not hundreds of similar claims and exposure to asbestos was clearly documented in his own personnel file. We therefore took this decision – with the backing of the insurers to accept the claim on a no-win no-fee agreement.
We are very pleased that the claim has settled bringing Mr G’s family some closure.”
This was an unusual case in that compensation was sought and awarded some 30 years after the initial diagnosis. This case highlights the importance of seeking advice from specialist solicitors and those who are not bound by strict protocols about cases they will pursue. We are committed to considering difficult and out of time mesothelioma and asbestos claims, offering expert guidance to help you explore every possible avenue for compensation.
If you or someone you know is navigating a mesothelioma diagnosis, we are here to provide expert advice and support. Our team is committed to securing the best outcome for you and your family ensuring you receive the compensation you deserve.
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