Exposure This was a multi-defendant claim and four of Mark’s employers exposed him to asbestos. Mark* was employed as a labourer, plumber’s mate and service engineer. Whilst working as a labourer, he handled and cleared the debris from asbestolux sheets cut by co-workers in close proximity. He also worked as a plumber’s mate where he handled, cut and removed asbestos rope, mats and bath panels. Mark was also exposed to asbestos whilst working as a service engineer servicing boilers containing old asbestos components. Mark was not provided with any protective equipment and was not warned of the dangers of asbestos whilst working for these employers. Medical Mark noticed he was feeling rather short of breath and noticed a wheeze when playing golf in June 2021. His symptoms eventually worsened, and he was soon admitted to hospital with a collapsed lung. Over the next few weeks, he underwent prolonged and repeated chest drainage. He was later transferred to another hospital for surgery to reinflate his lung. At a follow-up appointment he was told that a biopsy taken at the time of the operation had shown that he had pleural mesothelioma. He underwent surgery in November 2021 followed by chemotherapy between January and March 2022. He was told that a CT scan after treatment had shown no measurable disease. After completion of treatment, he felt well and was able to resume his activities including golf and swimming. His review CT scans continue to show no measurable disease. Claim Mark’s settlement was achieved pre-issue and followed an admission of liability and £50,000 interim payment, providing immediate benefit to Mark whilst he remains healthy. Melloney was instructed in May 2022 and swiftly served letters of claim on three of the four potential defendants. The three chosen defendants were the ones that exposed Mark to higher levels of asbestos than the fourth defendant. Liability was admitted and an interim payment with contribution by four former employers, after Melloney threatened to issue court proceedings. Melloney then progressed the quantum investigations and eventually secured the cooperation of multiple defendant insurers, negotiating a £277,500 settlement plus guaranteed indemnity for future private treatment, based on her medical expert’s projected prognosis. Although Mark was diagnosed with mesothelioma, he responded well to surgical treatment and chemotherapy with no ongoing evidence of disease. Melloney issued Part 8 court proceedings to obtain the necessary court order to provide Mark with peace of mind in relation to the funding of any future private treatment he may require. Mark said: After much hesitation regarding making a claim and speaking to HASAG, I found Boyes Turner one of HASAG's approved solicitors. I met Melloney who explained the process in plain English and we started the ball rolling … all through the process Melloney was supportive and understanding. As there were multiple parties involved the process took some time which was frustrating, but the final result was very satisfactory. *Names have been anonymised for confidentiality For more information about how the mesothelioma and asbestos disease claims team can help you or your loved ones after a diagnosis of an asbestos related disease, please contact the team by email on asbestos@boyesturner.com or by telephone on 0118 952 7199.
