The specialist Asbestos Team at Boyes Turner recovered £268,000 for the partner of former carpenter Stephen*, as well as over £16,000 for Oakhaven hospice, an incredible charity that provided in-patient care to Stephen for over six weeks whilst he was suffering from the asbestos related cancer, mesothelioma. Fighting cancer and its side effects is both physically and emotionally taxing. Just as straining however can be the feelings of anxiety and dread regarding what may or may not happen over the days, weeks, months or years of treatment. Stephen, a trained carpenter, who worked in carpentry/building industry throughout the late 1960s, the 70s and the early 80s encountered asbestos and developed the asbestos cancer, mesothelioma. Like so many, Stephen faced both psychological and physical hurdles during his treatment and sought help from the asbestos support group HASAG and Laura regarding his legal rights to claim compensation. Laura and her team helped guide Stephen, and after his death, his partner, Sophie, through the claim process and was able to achieve a settlement of Stephen’s claim together with a significant sum for the hospice that provided care to Stephen in the final stages of his illness. Circumstances of exposure Stephen’s employment as a site carpenter in Nottinghamshire began in or around 1964. While working for one employer between 1966 and 1972 Stephen was exposed to asbestos. Between 1969 and 1970 the employer was contracted to build a new refectory for a school or further education college. The job required asbestos sheets to be installed (using drills and screws) on the ceiling (interior) of the refectory. Asbestos sheets would arrive at the school via a lorry and Stephen would cut the sheets using handsaws. This was dirty and dusty work, as cutting sheets (to size) and small offcuts was all done indoors on trestle tables. Some of the sheets required timber batons to be nailed to them. After a day’s work Stephen and others would clean up the work site and pick up any asbestos offcuts. Dust accumulated on Stephen’s combat jacket and trousers. He wore the same jacket every day and it was laundered on the weekends. In addition to the refectory extension Stephen recalled working on a new housing development in Church Warsop. Here he was required to scribe, cut and install the Asbestolux soffits. Cutting was done using a handsaw and Stephen would at times also break the strips by hand. Working in housing developments also meant that Stephen worked around other tradespeople and debris from their work. Venturing into the boiler houses to work meant that Stephen was working in close quarters with deteriorating and decaying asbestos lagging. Mesothelioma symptoms start to develop The onset of Stephen’s symptoms seemingly came from nowhere. He noticed a slight deterioration in his health in November 2021 and was told by a neighbour in January 2022 that he seemed out of breath. By the time this conversation occurred Stephen had felt tired and breathless for some months but was attributing this to his longstanding diabetes condition. After continued ill health Stephen underwent an x- ray, blood tests and CT scans in early to mid March 2022. During an appointment at the Respiratory Clinic Stephen was asked about his work history and whether he recalled being exposed to asbestos. A lung drain and biopsy were completed in late March 2022. As a result of the biopsy Stephen was diagnosed with mesothelioma in late April 2022. After receiving his diagnosis Stephen’s mental health deteriorated significantly. He struggled to sleep for more than 2 hours per night and faced exacerbated anxiety levels because of his diagnosis. Prior to his passing in December 2022 Stephen was diagnosed as having suffered an episode of major depressive disorder. This episode, which continued through the course of his battle against mesothelioma, was ultimately attributed to the existential threat, pain and physical discomfort caused by his mesothelioma. The claims process Upon learning of his diagnosis Stephen was referred to the asbestos support group, HASAG. HASAG worked closely with Laura and the industrial disease team at Boyes Turner and a meeting time was promptly arranged with Stephen and Sophie. Urgent company research was undertaken and a letter of claim was sent to the Defendant’s insurers. Due to his deteriorating condition Laura and her team swiftly gathered lifetime evidence from Stephen, contacted possible witnesses, and gathered medical evidence from Stephen’s treatment providers and medical experts. Liability was admitted by the defendant’s insurer in September 2022 and an interim payment of £50,000 was made to Stephen. Laura visited Stephen and Sophie twice in order to gather important information for both liability and quantum statements. Very sadly, Stephen went into a hospice soon after court proceedings were issued. The expectation was always that he would come home and in fact the hospice (with significant support from Sophie) facilitated home visits on several occasions. Due to his ongoing psychological symptoms Stephen would panic whenever he went upstairs as he just did not feel safe. Court proceedings were necessary in order to attempt to bring about a final court hearing during Stephen’s lifetime. Although the Defendants admitted liability it was clear there were going to be some challenges from the Defendants on several aspects of the value of the claim so the claim needed to be progressed in the Court so that any matters could be ultimately resolved by a Judge and a tight timetable kept due to nature of the illness. Stephen’s physical health though deteriorated very unexpectedly and Stephen sadly passed away in hospice on New Year’s Eve 2022. Sophie continued with the claim after Stephen’s death. Negotiations with the insurer ensued and Laura settled the claim for £285,000 which included a payment of over £16,000 for the Oakhaven hospice. Sophie remains completely devastated by the loss of her soulmate but is relieved the legal process is now complete and that there was an acknowledgement that Stephen’s death was caused by the negligence of his former employer. She said “I would whole heartedly recommend Laura to anyone who needs legal representation following a mesothelioma diagnosis. When my partner was diagnosed with mesothelioma and we learned that it was incurable, it devastated us. The charity HASAG gave us immediate support and through them we found Laura. Laura visited us at home, and we quickly realised that she understood every aspect of the situation we found ourselves in. We were confident in Laura’s ability to professionally and competently take forward my partner’s case against his former employer. This she did. The mesothelioma diagnosis and progression were traumatic. The cause of this disease, and the knowledge that it could and should never have happened, made it impossible to come terms with what was happening. Our lives were upended. Laura’s comprehension and handling of the situation resulted in a swift admission of liability from the construction company responsible for the asbestos exposure. My partner received an interim payment and we were assured that any necessary adjustments, expenses and treatments would be covered by the compensation. Very sadly my partner died just 8 months after his diagnosis, and before the claim was settled. With Laura’s advice and expertise I was able to continue with the compensation claim which was eventually settled through negotiation and without the need to go to court. I am very grateful to Laura not only for her legal proficiency, but also for the manner in which she managed the case. She was quick to respond to communications, and has been understanding, compassionate and supportive throughout.” *All 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.
