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Written on 20th September 2021 by

Boyes Turner’s asbestos team obtained a £430,000 settlement with indemnity for Immunotherapy for 72 year old Claimant with mesothelioma.

Background

Ronald* started an apprenticeship in 1965 as an electrical fitter and then continued his employment working in various power stations. He worked alongside qualified fitters and his job was to go all over the power station to tend to any machine that had broken down. Ronald* was exposed to asbestos when he was working in turbine and boiler rooms as boilers were covered in asbestos lagging. He recalled regularly standing on asbestos lagged pipes to reach cables; the asbestos would break under his foot and he would kick it about unaware of the dangers. He was also in close proximity to all other trades whilst working on site specifically laggers.

The Claim

This claim was dealt with by Laura Magson, a Partner in Boyes Turner’s Mesothelioma and Asbestos Disease Claims Team. Ronald had biopsies taken and was diagnosed with mesothelioma in December 2020 after feeling poorly for around three months prior to his diagnosis. He was informed that his prognosis was poor and that the cancer mesothelioma was incurable.

Ronald* began a treatment called Immunotherapy which is a treatment that has not always been available on the NHS. This treatment assists patients by strengthening their immune system so they feel well enough to try and fight cancer. As this treatment was on trial through the NHS, Ronald* was told the initial cost to him was £27,000.00.

Ronald* proceeded and although his pain started to improve, he felt poorly after his first session of immunotherapy. Ronald’s* cancer could be seen to be reduced as a result of treatment but immunotherapy was subsequently discontinued because of its significant detrimental side effects.

As part of gathering medical evidence, Laura sent all of Ronald’s medical records to a Medical expert who confirmed that Ronald* may however be given further immunotherapy or may be considered for alterative systemic treatment with chemotherapy. After a break of nearly three months, Ronald* restarted immunotherapy on a much reduced dose. Although he still had side effects, his cancer began to stabilise.

With no guarantee that this treatment will be funded by the NHS, it was vital that a future indemnity for any mesothelioma treatment was included in Ronald’s settlement.

Settlement

Laura was instructed in March 2021 and promptly took a Witness statement. She requested and received an interim payment of £50,000 for Ronald* two months later in May 2021. After negotiations, Ronald’s* claim settled in August 2021 for £430,000 with indemnity for future immunotherapy. This settlement included past and future care and services, travel expenses, hospice costs, general equipment needed, lost years and of course the indemnity for future immunotherapy.

Laura has over 15 years of specialist experience representing seriously injured victims and the families of those with fatal injuries.

*Names have been changed

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.