February 6, 2023

Former Painter and Decorator with Mesothelioma receives Compensation and Payment of Future Private Treatment Costs

Posted in Mesothelioma

Mr W was diagnosed with mesothelioma in 2021 after suffering from chest pain and undergoing a number of medical investigations.

Following Mr W’s diagnosis he contacted RWK Goodman’s specialist asbestos disease team. Laura Wilkinson, a Senior Associate in the team, visited Mr W at home to discuss his asbestos exposure and take a detailed witness statement from him.

Mr W was employed by Frederick J French from tax year 1963/64 to 2006/07. Mr W completed an apprenticeship with the company and subsequently worked as a painter and decorator. During his employment, Mr W came into contact with various asbestos-containing materials, which caused him to develop mesothelioma.

Mr W regularly sanded down Asbestolux fire doors. This process released a large amount of asbestos dust and fibres, which Mr W inhaled. He also worked in the vicinity of other contractors who were cutting and screwing into asbestos sheets. On other contracts, his job involved working with corrugated asbestos roof sheets, asbestos lagging and asbestos gutters and facias. Mr W was not provided with any breathing protection nor warned of the dangers of asbestos and so was exposed to large quantities of asbestos dust and fibres.

Given Mr W’s terminal diagnosis it was important to pursue his claim as quickly as possible. Frederick J French was no longer trading and so it was necessary to trace the insurers on risk at the time of the asbestos exposure and notify them of Mr W’s claim. Medical evidence was obtained in support of his claim.

In the meantime, Mr W received chemotherapy on the NHS to treat his mesothelioma. A report was obtained from a specialist oncologist commenting on Mr W’s suitability for other treatments, including immunotherapy.

After quantifying Mr W’s claim, we entered into negotiations with the insurers and the claim subsequently settled for a sum in excess of £150,000. A Court order was also agreed so that Mr W could be reimbursed for any future private medical treatment that he, together with his treating oncologist, may choose to have.

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