Settlement for widow of plumber who died from mesothelioma

Ronald Holdsworth was diagnosed with mesothelioma following a rapid onset of symptoms, including breathlessness, coughing, and abdominal discomfort.

Tragically, Ronald’s condition deteriorated quickly, and he passed away just two months after his diagnosis. The coroner confirmed the cause of death as mesothelioma and gave a verdict of industrial disease.

Our Associate, David Hughes, was instructed a few months after Ronald’s death by his widow, Rita. She was being cared for by her wonderful family, particularly her daughter and son-inlaw, Donna and Dave. Rita had sadly suffered a major stroke following Ronald’s death, arguably as a result of the immense grief of losing her husband of 50 years. Rita took up the claim for her husband with help from her family.

Asbestos exposure

Ronald was exposed to asbestos whilst employed as a plumber by Corralls, which later became UK Petroleum Products and P D Fuels. He worked for the company for over 35 years.

Next steps

A claim was brought against all the corporate entities involved. However, it was later agreed between the parties that, due to a TUPE transfer (a legal transfer of liabilities typically occurring during company acquisitions) the claim would proceed solely against P D Fuels, which instructed solicitors to act on its behalf.

Medical evidence was obtained, including expert oncology and respiratory evidence, focussing on Ronald’s diagnosis. Additionally, David obtained expert evidence
regarding Rita’s health following her stroke to assess her ongoing care needs.

Court proceedings were issued following a lack of proactiveness on the part of the Defendant solicitors, but liability was admitted by the Defendant a month later.

Shortly before the initial court hearing the Defendant agreed a Court Order in which judgment was entered against them, meaning that it was only the value of the
claim that remained in dispute.

Settlement

Quantum was considered, which included preparing a Schedule of Loss with supportive documentary evidence. Further medical evidence was also obtained.

David made a formal offer to settle and the Defendant responded with a counter-offer. After further negotiations, the case successfully settled for a six-figure sum, which included provision for Rita’s future care costs. As Rita has complex care needs, it was vital to recover the cost of professional care to replace that which she would have received from Ronald but for his premature death from mesothelioma.

David extends his heartfelt best wishes to Rita and her family who showed incredible strength and resilience throughout the claim despite grieving the loss of Ronald.