Justice for hospital builder who died from mesothelioma

Our specialist asbestos disease lawyer, Helen Childs, was instructed by the daughter of Mr G who died shortly after he was diagnosed with mesothelioma. She had originally instructed another firm of solicitors to investigate a claim but was dissatisfied with the lack of progress and so wanted Helen to take over conduct of the claim.

Helpfully, Mr G had given some thought to his previous asbestos exposure before he died and specifically recalled being exposed whilst working on the build of the John Radcliffe Hospital in Oxford. The hospital had originally been built in the 1920s but a maternity hospital was built on the site of the old Manor House there and opened in the early 1970s. Extensions were built onto the maternity hospital up to the present day. Mr G had also worked directly for the John Radcliffe Hospital as a maintenance engineer, which saw him responsible for the upkeep of pipes and boilers. He had also worked there as a hospital porter.

Helen obtained a copy of Mr G’s employment history from HM Revenue & Customs to determine the company that employed Mr G at the time he built worked on the build of the hospital. She found out that the company had ceased trading many years ago and so attempts were made to identify the company’s Employers’ Liability insurers at the time. Unfortunately, no such insurance could be traced.

Whilst the Diffuse Mesothelioma Payment Scheme normally pays out as a “Fund of Last Resort” in cases where insurance cannot be traced, that was not possible here because Mr G had not left behind any dependant wife/partner.

Helen turned her attention to building a claim against the hospital. managed to locate a witness who worked there alongside Mr G. He described the working conditions in some detail, leaving no doubt that anyone who worked there at the time would have been exposed to asbestos dust to some extent. Little or no protection was provided for any of the workers or staff.

The Defendant did not respond when an initial settlement offer was made but did a few weeks later after Court proceedings were issued and served. The settlement included care costs that were paid to the hospice that cared for Mr G during the final few weeks of his life.