Contact us to arrange your
FREE initial consultation

Email us Call me back

Written on 2nd March 2022 by

Bart was an Australian resident who developed mesothelioma whilst working as a welder in the UK. Bart chose to start a claim for his asbestos related cancer with us and dealt with Laura Magson, a Partner in Boyes Turner’s mesothelioma and asbestos disease team.

Exposure

Bart started his career working as an apprentice welder in the early 1950’s. He worked at a plant in Billingham for the entirety of his employment. There was pipework throughout the factory and it was all lagged with asbestos; some of which was loose and often fell to the ground. As a welder, Bart had to remove old asbestos from pipework in order to complete his job which at the time was welding sockets. He also came into contact with asbestos when he worked in the fabrication shop. A selection of pipework would be bought into the fabrication shop with asbestos on. Bart would then have to remove the asbestos himself in order to fit the flange. There were no ventilation facilities and Bart was not made aware of the dangers that come with asbestos.

Symptoms

Bart resided in Australia when we were contacted by his daughter shortly after he was diagnosed. Bart’s symptoms began with weight loss, breathlessness and unilateral nodular pleural thickening involving the mediastinum between May and July 2020. He underwent numerous chest x-rays and CT scans and presented with worsening breathlessness in August 2020. Bart was in and out of hospital and as it was assumed that Bart had pleural thickening, it was also confirmed that there was fluid on the lining of Bart’s lung which was in fact indicative of mesothelioma. After further investigation and a CT guided biopsy, Bart was diagnosed with non-epitheliod malignant mesothelioma.

Bart was treated with immunotherapy and had three cycles by the end of November 2020. He experienced increased weight loss, significant progression of pleural thickening and the nodularity. There was also progression in his mediastinal lymph nodes. Despite having three cycles of immunotherapy, the mesothelioma progressed and Bart was not well enough for chemotherapy. Bart sadly deteriorated and died in hospital on 30 December 2020.

Claim

Laura sent a letter of claim to the Defendants in December 2020. Laura then obtained Bart’s hospital and GP records and sent them to a medical expert who provided his expert opinion. As Bart resided in Australia at the time of his diagnosis, Laura had to make calls first thing in the morning in order to account for the time difference. She also corresponded with hospitals, GP and with Bart via email where possible to ensure a swift response. A schedule of loss was then drafted and sent to all Defendants in September 2021. The claim was valued and Laura made a Part 36 offer on behalf of the Executor. The Defendants responded with a counter and Laura returned with a further Part 36 offer. The Executor accepted the Defendants’ reasonable Part 36 offer on 20 January 2022 and the claim was successfully concluded.

The client stated, "We felt that there was a great deal of understanding through the whole process, Laura showed compassion and empathy throughout at a time that was extremely difficult. Thank you for looking after me in such a difficult time."

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 idclaims@boyesturner.com or by telephone on 0118 952 7199.

*anonymised for client confidentiality