British Army Engineer Receives £400,000 Settlement for Sarcomatoid Mesothelioma Claim

Mr E joined the army in the 1960s and served for around 40 years. He worked as an engineer on building projects and carried out construction work.

Mr E was sadly diagnosed with sarcomatoid mesothelioma. Sarcomatoid cells are the least common of the mesothelioma cell types, accounting for 7 to 10% of all mesothelioma cases.

Sarcomatoid mesothelioma is difficult to diagnose correctly and this type of mesothelioma is more likely to spread than other cell types, making it even more deadly.

Surgery is difficult because sarcomatoid tumours are more difficult to remove than tumours made of other cell types. The cells are also more resistant to chemotherapy, however palliative care is still available in most cases.

The Crown is immune from any claim relating to an injury or incident that took place before 1987. This means that military personnel cannot normally bring a claim against the Ministry of Defence (“MoD”) in mesothelioma cases if they are exposed prior to 1987. Our solicitor advised Mr E that if he was exposed to asbestos after 1987, he would be entitled to pursue a claim relating to his diagnosis of sarcomatoid mesothelioma through the court.

Mr E spent time in Germany after 1987 where he worked in dusty old barracks.

The dust contained asbestos from pipes that were suspended from ceilings. These pipes were in a poor condition and any movement through them would cause the asbestos dust to fall.

Our solicitor managed to find several witnesses who remembered the state of the cellars and pipes at that time and the fact that Mr E spent a considerable amount of time there.

The MoD did not admit liability, so a claim was issued on behalf of Mr E in the High Court.

Sadly, Mr E's condition worsened as the mesothelioma progressed and continued to spread. Mr E was advised to take advantage of The War Pension Scheme which was introduced in 2016. Under this scheme, a veteran of the British Armed Forces diagnosed with mesothelioma, who was exposed to asbestos before 1987 are entitled to a one off lump sum payment.

The was done in such a way that it did not affect Mr E’s claim relating to asbestos exposure that occurred after 1987.

Mr E’s High Court claim continued and a hearing was listed for 14 days, with the MOD required to provide evidence to defend their position.

The MOD then made an offer to Mr E to settle his claim for around £400,000.