Six-figure settlement obtained for family of plumbing and heating assistant

In August 2023, Mr Ellis began to struggle with his breathing. He visited his GP and was sent for an x-ray. This led to Mr Ellis being referred to Colchester Hospital, where he underwent a CT scan and biopsy. This first biopsy was inconclusive, but a second biopsy took place at Basildon Hospital in late December 2023. Mr Ellis was then diagnosed with mesothelioma in January 2024. Mr Ellis sadly continued to deteriorate following his diagnosis. He was cared for lovingly by his family until he died on 8 January 2025.

Mr Ellis was exposed to asbestos whilst working for Aerated Bread Co Ltd in the 1960s.

Mr Ellis was exposed to asbestos when working as a heating mate. He worked 6.5 days a week and often worked additional overtime as well. As a heating mate, Mr Ellis carried out essential maintenance and repair work to the heating systems, ensuring everything remained in good working order. Mr Ellis spent a considerable amount of time in a large boiler house, which heavily exposed him to asbestos. Within the boiler house there was also a network of old asbestos lagged pipes. These pipes were around six inches thick and were an off white, grey colour.

Mr Ellis was required to open the boiler hatches and crawl inside the boilers to carry out essential repair and maintenance. He would lie down in the boilers as they were too small for him to kneel in. The boilers were very dusty due to the presence of asbestos dust. This made it extremely difficult for Mr Ellis to breathe.

Mr Ellis was often tasked with removing the ‘klinker’ from asbestos lagged pipes. This was the thickening that formed around the inside of the boilers. To remove this, Mr Ellis would bash it off the asbestos lagged pipework. Mr Ellis would bash this with a hammer, which heavily disturbed the asbestos lagging and created thick clouds of asbestos dust. At times, there was so much asbestos dust present that it was difficult for Mr Ellis to see. Mr Ellis would often emerge from the boilers with an awful cough, which took a long time to pass. This was a result of all of the dust that he breathed in.

RWK Goodman sent a Letter of Claim to Associated British Foods PLC, who had subsequently taken control of Aerated Bread Co Ltd before that company was dissolved in the 1980s. We prepared a detailed witness statement and took our time to carefully collate the evidence, addressing the way in which Mr Ellis was exposed. We obtained a medical report confirming that Mr Ellis’ mesothelioma was caused by his asbestos exposure during his time working for the Defendant. Mr Ellis sadly died during the course of the claim. RWK Goodman were then instructed by Mr Ellis’ devoted wife and son, as the executors of his estate.

Mr Ellis’ family was represented by Rachel Carman, a Senior Associate in RWK Goodman’s expert Respiratory Disease team. Rachel Carman was assisted by George Bell, a Solicitor in the Respiratory Disease team. Rachel and George worked tirelessly in bringing the claim and were able to negotiate an excellent six-figure settlement which will bring Mr Ellis’ family some form of closure and security for the future.