In early June 2023, Tommy* was left shocked after receiving a mesothelioma diagnosis. Upon completing his A-levels in the early 1970s he had worked for various employers in different capacities and locations, leaving him stumped as to how he had developed the asbestos cancer. He initially turned to the HASAG Asbestos Disease Support Group who helped him to go through all of his employers. Through conversation and reflection Tommy thought back to his early employment and apprenticeship with the Ministry of Defence (“MOD”). He recalled seeing a fibrous white substance which appeared to coat large steam pipes. The substance was asbestos lagging, a concoction of asbestos powder and water used to protect workers from the heat radiating from pipes. Concerns raised by other apprentices regarding asbestos had circulated in closed quarters of the MOD, but the then 21-year-old Tommy never batted an eye. He rarely if ever worked with asbestos based products and was never provided protective equipment by his employer. How dangerous could it really have been if his employer hadn’t thought to give him a mask or other protective equipment? Exposure during employment at the MOD After short stints of employment at a pharmacy and as a dispatch driver Tommy applied for an apprenticeship with the MOD. His apprenticeship would be with D.G (Director General) Ships in Bath, a department focused on the procurement, design and manufacture of the British naval fleet. He commenced the four-year apprenticeship in September 1975. Technician apprentice in marine electrics and electronic engineering sounded a bit more up his alley than minicab driver or pharmacy assistant. Upon gaining entry to the weapons and electronics division Tommy began his apprenticeship. An initial year of on the tools learning left Tommy in good stead to continue developing his knowledge, with a stint in the Portsmouth Dockyard being on the cards for his second year. Asbestos-lagged steam pipes Ships would come into the dockyard with radio faults needing to be fixed. Tommy would make his way to the large electrical workshop with instructions not so dissimilar to “here is the book, here is the radio, get on with it”. Large steam pipes slivered throughout the electrical workshop at approximately head height, with asbestos lagging acting as a real-life snakeskin for the pipes, approximately 6 inches in diameter. Fitters and general maintenance workers tasks with mending leaks in the largely unreliable pipework would frequently remove the lagging and re-lag the pipes while Tommy and others shared the workshop. Apprentice fitters appeared to be ahead of the game, raising concerns about the dangers of exposed asbestos fibres. They received masks due to their intimate interactions with the lagging. Tommy and others laughed at the irony that they were left maskless in the same work area as the apprentice fitters. It appears that being 10 to 15 feet away from exposed asbestos didn’t warrant protective equipment. Continued exposure onboard submarines This same process was repeated when Tommy would work onboard submarines in his second year. The ironically named snake pit located at the end of the submarine contained not only electrical control systems which needed to be checked by Tommy and others but also countless steam pipes. While Tommy checked voltage levels and completed other electrical jobs, fitters would strip the pipe’s lagging to check for leaks prior to reapplying the lagging. Further asbestos exposure throughout his career Tommy’s asbestos exposure didn’t stop there. He continued working in close quarters and directly with asbestos products throughout his apprenticeship. Whether it be stripping clutch plates that contained asbestos on large rotary frequency convertors in a dusty turbine hall, or completing onboard support on HMS Blake, Invincible and Manchester next to fitters stripping asbestos lagging, Tommy continued breathing in every bit of knowledge and experience as possible. Unfortunately, he may well have been consuming deadly asbestos fibres due to a distinct lack of protective equipment from his employer. Upon completing his apprenticeship, Tommy worked as a university lecturer in Bath before returning to the MOD to help repair HMS Glamorgan during the Falklands' War. The ship had survived a hit and had been returned to the UK for repairs. Tommy weaved his way through pipes strewn throughout the ship and completed electrical repairs and testing, finding himself again in close quarters with dirt, dust and disturbed asbestos fibres. Tommy’s MOD career concluded in 2012. A short stint as an NHS patient courier between 2016 and July 2017 capped off Tommy’s working career. Systems start to develop Upon retiring, Tommy focused on the care of his wife Krista*. DIY projects at home kept him both active and entertained in retirement. In early February 2023 he attended with a physiotherapist to treat his arthritis and found that he was out of breath after simply lying down on the treatment table. What appeared to be cold and flu symptoms worsened and Tommy was referred for an ECG and chest X-ray with no urgency being raised. However, Tommy attended an appointment with his GP for treatment of his diabetes and continued to struggle with breathing. He was provided antibiotics which did not improve his condition and was admitted to Colchester Hospital on or about 20 February 2023. His mesothelioma diagnosis A fluid drain and CT scan followed at the Hospital, with an eventual VATS biopsy being taken on 24 May at Basildon hospital. Tommy received a phone call from the Hospital in early June 2023 and was notified of his mesothelioma diagnosis. Tommy has been under the care of his treating oncologist and has been receiving chemotherapy for his condition since his diagnosis. Seeking help and legal action Laura visited Tommy and his wife at home soon after he contacted her about a potential claim. A letter of claim was then lodged in early July 2023 and correspondence with the defendant followed, but no admissions were forthcoming despite Laura promptly disclosing liability statements to support the claim and expert evidence from a consultant respiratory physician regarding Tommy’s prognosis and ongoing treatment requirements. The claim was issued at the High Court so that Laura could expedite the claim for Tommy. This step brought about an admission of liability and an interim payment two months later. Laura then achieved a settlement of Tommy’s claim in late May 2024 for £350,000 gross in addition to an agreement for the MOD to fund any private future treatment not yet available on the NHS. *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 or by telephone on 0118 952 7199.
