Roy instructed RWK Goodman’s specialist asbestos mesothelioma claims solicitor, Annabelle Neilson, following his diagnosis of mesothelioma.   Roy had developed pain in his chest and difficulty breathing following an admission to hospital.  He underwent an invasive surgical open biopsy and rib resection (as the tumour was destroying his ribcage), a CT scan and thoracoscopy to confirm his diagnosis of mesothelioma.

Roy’s exposure to asbestos arose whilst he undertook a carpentry apprenticeship with R.G. Carter Limited.  Roy undertook a number of jobs involving asbestos such as cutting asbestolux sheeting to insulate commercial buildings.  He described exposure to a visible dust and dry sweeping the asbestos dust.

Initially, R.G. Carter’s solicitors disputed that Roy had worked for them, as his employment did not appear on his HMRC Schedule. As a result, Annabelle issued Court proceedings to progress the claim. Following this, the Defendant admitted liability and judgment was entered.

The focus then shifted to the impact of Roy’s diagnosis. Roy had been the primary carer for his wife, Jayne, who suffers from epilepsy and Behçet’s disease. He supported her during seizures and flare-ups of her condition. Expert evidence was obtained to assess both the care Roy had provided and the care he would require following his diagnosis.

After his diagnosis, Roy received chemotherapy through the NHS, which made him ineligible for immunotherapy under NHS guidelines. When chemotherapy proved unsuccessful, arrangements were made for the Defendant to fund private immunotherapy treatment.

Following judgment, the Defendant initially offered £165,000 to settle the claim. After expert evidence was obtained and ahead of an Assessment of Damages hearing, this was increased to £275,000. Sadly, Roy passed away the following day, just before the hearing was due to take place.

Jayne continued the claim on Roy’s behalf. Further expert evidence, including neurology and updated care reports, was obtained to reflect her ongoing and future needs.

Ahead of a second Assessment of Damages hearing, the Defendant made a further offer of £400,000 — a significant increase on previous offers. Settlement was agreed at £400,000 less than two weeks before the scheduled trial.

This outcome provided financial security for Jayne and reflected both Roy’s suffering and the wider impact of his illness and death on his family. Jayne was delighted to have achieved justice on Roy’s behalf.