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Written on 19th July 2023 by Laura Magson

Laura recovered £335,000 and an agreement to fund any private treatment for Andy*, a former research assistant within five months of being instructed to pursue a claim for asbestos related cancer, mesothelioma.

Andy previously worked in laboratory as a Research Assistant for a company that were developing novel plastics. He initially worked in the Formulation Department on a project developing copper clad laminates which were the basis for the printed circuit boards. As the laminates needed to be fire resistant, Andy was required to incorporate various substances for test and evaluation for fire proofing. One of the substances that he used was asbestos powder. Essentially, he was working on a project to try and improve the fire retardancy of the laminates that they were developing.

As part of the process, he weighed out asbestos powder and added it to the resin to make a test mix which he then transferred to the resin mix along with other components. He handled asbestos for about 2 or 3 months without any warning or protection. Laura obtained supportive statements from former colleagues which corroborated Andy’s account.

Andy was fit and well at the time of his diagnosis in December 2022 and is having successful Immunotherapy treatment which is currently available on the NHS. Until very recently, he played various sports on a regular basis and he is still swims everyday at his local leisure centre. He also tends to walk about several miles with his dog each day. He and his wife are enjoying a busy and active retirement, playing tennis and undertaking European holidays.

It was really important to Andy to bring about a swift resolution to his claim because he wished to focus on time with his family and be as active as possible whilst he feels fit enough to holiday and play sport with his children, grandchildren and friends.

It was also critical that his right to future treatment was safeguarded. Whilst he is having Immunotherapy that is available on the NHS at the current time, his situation could change in the future and it may be that his Oncologist will recommend a different treatment further down the line that is not available on the NHS and this may need to be privately funded.

As Andy is currently fit and well, Laura obtained a Nursing Care Report to address the future care needs that Andy may require. While Andy is trying to stay as active as possible, it is a concern that his condition will deteriorate and that he will eventually need carers. He was very grateful to Charlotte Wells for providing such a comprehensive report on his likely future care needs, which was invaluable in helping Laura to recover the cost of his future care as part of the settlement.

The Defendants initially offered £270,000.00 gross and Andy rejected this offer on Laura’s advice. Further negotiations ensued and the Defendants increased their offer to £335,000.00 which Andy was happy to accept following Laura’s recommendation that this was sufficient to satisfy Andy’s claim.

Whilst no amount of money can compensate for a diagnosis of mesothelioma, Andy is delighted that the case settled within 5 months of instruction with the reassurance that should he need to have privately funded treatment, the funds will be available to meet it.

Andy said “I am very grateful to the asbestos support group HASAG, who supported me with my applications for benefits after the diagnosis. I also want to thank the witnesses for assisting to bring my case to a successful and swift conclusion as well as the oncologists and lung cancer nurses at Royal Berkshire Hospital for their ongoing understanding and care in the treatment of my mesothelioma”.

*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 or by telephone on 0118 952 7199.