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Written on 25th July 2023 by Laura Magson

Laura acted for Derek* who worked for a company that manufactured car parts. Derek was a storeman and delivery driver and could recall exposure to asbestos handling asbestos brakes and asbestos clutches. Customers came into the shop requesting replacements and he would simply ask them to hand over their brake or clutch shoe, take it away and match it with a new one. He handled brake and clutch linings at least once a week and he said that they were kept on shelves which were always dusty.

Derek also delivered products to garages. The products that he delivered did not necessarily contain asbestos, but the way in which he came into contact with asbestos was through being in the vicinity of mechanics who were servicing and maintaining vehicles. This was when he was visiting various garages delivering the products and he said that mechanics used compressed airlines to blow out asbestos dust that had accumulated in the brake drums and clutch houses. He went into the garages as part of his job and recalled speaking to the foreman and the other mechanics whilst completing his deliveries.

Whilst Derek is currently doing very well and is enjoying holidaying with his close family, it was clear to him and his wife that he will eventually need some additional care and assistance as his condition progresses. His preference was for a combination of support from his family and private carers. Laura therefore instructed a nursing care expert who provided a care report to assist with valuing his future care needs and equipment following which Laura was able to negotiate with the Defendants, persuading them to increase their initial offer by £55,000.

The case settled for all heads of loss save as for future treatment. The Defendants have agreed to fund any private mesothelioma related treatment that is not available on the NHS which is a great comfort to Derek and his family should this be needed in the future.

Laura said “I am delighted that Derek’s case was brought to a swift conclusion. He initially had some immunotherapy on the NHS but this was discontinued at his own request due to the side effects he suffered. He can be reassured that should he need any further form of treatment whether immunotherapy or otherwise and that treatment is not available on the NHS, that this cost will be met by the Defendants in his case.”

*names have been anonymised 

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.