Immunotherapy treatment funded by settlement of mesothelioma claim

Mr J was a leisure centre manager who was exposed to asbestos from swimming pool heating systems in the 1960s and 70s. Asbestos was used on the heating systems for the swimming pools by insulation manufacturers because it was cheap, durable, heat resistant and easy to use. The asbestos may also have been in the tiles, pipes, caulking compounds, pipes and heating duct insulation.

His GP recommended a local firm of solicitors to help the family to claim compensation. However, the firm were not specialist asbestos and mesothelioma solicitors.

There was a sense of urgency over the claim as Mr J wanted to access to private treatment which at the time was not offered on the NHS and which can be very expensive. He had researched the treatment and considered it the best treatment option for his set of circumstances.

Head of the Industrial Disease team at RWK Goodman, Helen Childs, took on the case in the summer of that year and within the week, she had visited the family and served notice on the defendants about the immediate issuing of proceedings if they did not admit liability. She also made the defendants aware of the immunotherapy funding via a medical report from his consultant. An application was also made to the government for a lump sum payment.

Court proceedings were commenced shortly after this and Helen managed to secure a substantial interim payment to fund the ongoing treatment for the mesothelioma immunotherapy.

Mr J responded well to the immunotherapy, however the treatment was eventually stopped after about a year as there were some side effects. The settlement also made provision for the ongoing care of his wife, who sadly had a serious medical condition. Mr J had taken early retirement to look after her and he was her main carer. The amount awarded was a reflection of his input into the upkeep of the house and the child-care he and his wife used to provide for their grandchildren but could no longer manage to do.

Another factor to consider was a claim for Inheritance Tax. He had bought an investment property for his family, which they would not have paid the tax on if he lived more than 7 years from the date of purchase. However, sadly Mr J died in the Autumn of 2019, as a direct result of the mesothelioma shortening his life.

It is always advisable to seek expert advice, both legally and medical following a diagnosis of Mesothelioma.