Mr P worked as a boiler operator at the Cape factory on Tolpits Lane in Watford between 1972 and 1977. His job was to ensure that steam and hot water fed the factory and adjoining offices. For example, steam was needed to drive the ovens used to dry the asbestos products made in the factory. He also carried out checks on the boilers and cleaned them.

There was asbestos lagging on the pipework inside the boiler house, which suffered general wear and tear over the years. The blanket-type material covering the asbestos lagging had come away in places leaving the asbestos lagging underneath exposed and causing asbestos dust and fibres to be released into the atmosphere of the boiler house. Mr P was exposed to this dust over the five years that he worked as a boiler operator.

Mr P recalled a big hole at a high level inside the boiler house, which drew air in from the main asbestos moulding/production section of the Cape factory next door. The air was drawn in to aid the combustion process for the boilers to operate. Asbestos dust and fibres were drawn into the boiler house through this process and Mr P was exposed to it as a result. He was further exposed to asbestos dust whilst walking through the Cape factory to access the canteen, the offices and the toilets.

Mr P later worked for Sun Printers between 1977 and 1989 as a boiler operator at their factory on Whippendell Road in Watford. The pipework inside the boiler house there was similarly lagged with asbestos and had also suffered wear and tear over the years, causing asbestos dust and fibres to come away and disperse into the atmosphere of the boiler room. Mr P could not help but inhale the asbestos dust as he went about his work. The asbestos lagging was further disturbed as a result of regular repair and maintenance work that took place inside the boiler house by engineers employed by Sun Printers, which was overseen by Mr P. He was completely oblivious to the dangers posed.

Mr P started experiencing discomfort in his chest and went to see his GP who referred him for tests at Hemel Hempstead Hospital. He underwent chest x-rays and CT scans, which revealed a build-up of fluid on his lungs and was drained. He underwent a talc pleurodesis procedure to try to prevent further fluid build-up and a biopsy later confirmed the devastating news that he had mesothelioma. Mr P was 68 years old at the time and had only just retired.

Mr P started immunotherapy treatment on the NHS (IpiNivo) almost three months after his diagnosis with mesothelioma.  Unfortunately, he suffered significant side effects from the treatment and, around one year later, was told that he was not fit enough to have any further immunotherapy treatment or to try chemotherapy treatment. He very sadly died less than three months later leaving behind a wife, two children and two grandchildren.

Mr P instructed the specialist asbestos disease team at RWK Goodman to investigate a claim only a few weeks after his diagnosis with mesothelioma. Senior Associate, Laura Wilkinson, attended Mr P at home and took a detailed witness statement from him about his employment history and exposure to asbestos dust whilst employed by Cape and Sun Printers Limited.

Research into the companies that employed Mr P at the time of his asbestos exposure revealed that they were no longer trading. It was therefore necessary to identify the Employers’ Liability Insurers on risk at the time and direct Mr P’s claim against them, starting with a Letter of Claim setting out the allegations of asbestos exposure.

Mr P’s medical records were obtained and a report form a Respiratory Consultant confirmed that his mesothelioma was caused by this asbestos exposure with the two Defendant companies. The report was served on the insurers and Laura pushed for an admission of liability. Meanwhile, a Schedule of Loss setting out the maximum valuation of Mr P’s claim was prepared with witness and documentary evidence in support. This was served on the Defendant insurers with a settlement offer, as Mr P was keen to settle his claim during his lifetime if possible. Shortly before the offer was made, one of the Defendants admitted liability. The other Defendant admitted liability during the remaining lifetime of the claim.

Settlement negotiations ensued during which time Laura prepared to issue Court proceedings. However, shortly before proceedings were due to be issued, the Defendants made a settlement offer, which included an uplift to allow recovery for a percentage of some of the heads of loss that would be available to his dependant if his claim settled after his death. The settlement also included provision for the Defendant insurers to pay the costs of any future private treatment that Mr P may have chosen to have.

Unfortunately, Mr P died less than two months after settlement of his claim having been told by his treating doctors that the mesothelioma had progressed rapidly and that he was too unwell to undergo any further treatment.