Mesothelioma settlement secured for former Cowley Motor Plant worker

John White was diagnosed with a follicular lymphoma in February 2021. He received successful treatment and was in remission, with no further treatment required.

Sadly, it was right in the middle of his battle with lymphoma that John’s doctors suspected a malignant mesothelioma. Extensive GP and hospital investigations were commenced, where he had a pleural biopsy and scans. A formal diagnosis of mesothelioma was made in January 2022.

John had worked at Cowley Motor Plant for Morris Motors, as a line worker on the vehicles and was exposed to asbestos from degraded overhead pipework.

Medical evidence was obtained and efforts were made to issue court proceedings. An application was made under 6.15 CPR to serve on the insurer directly, as they had failed to nominate a solicitor or address for service. Proceedings were issued in July 2022 and a first court hearing was listed for October.

Sadly, John passed away in August 2022. His widow, Joy and his son, Mark, took over the claim on his behalf.

The matter proceeded to a CMC, where judgment was entered and an interim payment of damages was ordered.

Unfortunately, Joy White was then diagnosed with a resurging breast cancer, which sadly has metastasised. The case was stayed in order to obtain further oncology evidence for Joy, in order to fully explore the extent of her claim for dependency. That stay was extended into April 2023 ahead of the trial on quantum (called an Assessment of Damages) which was listed for early-December 2023.

Further medical evidence was obtained including joint statements from all the experts in the case, and quantum evidence was exchanged with the Defendant.

The Defendant made clear that they were keen to settle the case ahead of trial and we agreed to hold a Joint Settlement Meeting a matter of days ahead of trial.

The Joint Settlement meeting went ahead and the case settled in late-November 2023, including for an uplift in damages due to the fact that Mr White would have cared for his wife following her diagnosis of breast cancer, if he were still alive.

Joy saw the end of the case but sadly passed away at Christmas.

Mark White, John and Joy’s son, gave the following remarks:

“May I take this opportunity to say a huge ‘thank you’ over the last few years with your support. I cannot express how much we appreciate how thoughtful and considerate you have been during this journey. Additionally, please can you pass my thanks to your team for their support too! You are an absolute credit to your profession and words cannot express our gratitude.”

David Hughes, Associate at RWK Goodman, acted for the White family, and had this to say:

“When I met John White, he was already becoming increasingly unwell, but I could tell he was still a force to be reckoned with and so passionate about seeking justice. Following his passing, I was regularly in touch with his wife, Joy and his son, Mark, who are some of the loveliest people I have met, and despite their grief, were happy to work with me to achieve a successful outcome for the case. I was sorry to hear Joy had passed away, she was spirited and always had a friendly word to say.  I wish Mark and the rest of the White family all the very best.”

The Asbestos and Mesothelioma team at RWK Goodman specialise and focus solely on asbestos-related illnesses, and work with charity partners to raise awareness of the awful impact mesothelioma and other asbestos diseases have on victims and their families.