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Written on 23rd May 2022 by Melloney Harbutt

The Diffuse Mesothelioma Payment Scheme (DMPS) allows individuals who have been diagnosed with an asbestos related disease to claim for compensation in the event that there is no paymaster. The amount an individual receives depends on how old they are when they were diagnosed with the asbestos related disease. In Nigel’s case, he was 89 years old at date of diagnosis and he was therefore awarded a gross award of £90,743 within two months of providing instructions to us.

Exposure

Nigel* worked as a Technical Manager for a company that had offices in the EMI building in Hayes from 1964 to 1971. This building was shared with various companies and it was Nigel’s belief that the building he worked in contained asbestos and that this asbestos was disturbed during routine maintenance, repair and installation works. Nigel worked very long hours and the factory was partitioned into separate units, which partitions were understood to have contained asbestos. The partitioned walls had shelves drilled into them, which created dust alleged to have contained asbestos dust to which Nigel was exposed.  

Diagnosis

Nigel started feeling poorly in February 2021 when he was diagnosed with lymphoma. As a result of his lymphoma diagnosis, Nigel had to have a further PET scan to see if there were any other findings. Something came up on Nigel’s PET scan resulting in him having 2 biopsies, the first did not come up with anything but the second biopsy did. Nigel was diagnosed with sarcomatoid mesothelioma in July 2021. Nigel suffered with shortness of breath, weight loss and loss of appetite but was sadly informed that there due to his age there was no treatment for him.

Settlement

Melloney was instructed by Nigel in September 2021 after he was diagnosed with the asbestos related cancer, mesothelioma. Searches were completed through the Employers Liability Tracing Office (ELTO) to see if Nigel’s previous employers had employers’ liability insurance in place during Nigel’s years of work, however all searches came back negative. Melloney therefore quickly arranged for an application to instead be submitted under the Diffuse Mesothelioma Payment Scheme.

That application was dealt with quickly by the scheme administrators and Nigel’s application was successful in November 2021. Melloney’s instantaneous actions resulted in Nigel’s gross award of £90,743.00, paid to him in his lifetime.

“It was a pleasure to have assisted Nigel in bringing this successful application.  It was frustrating not to be able to trace the insurers for his former employers but the DMPS administrators dealt swiftly with his application and Nigel now has peace of mind knowing that the application has been dealt, successfully, and that he and his wife have the financial benefit of that successful application”.

Sadly Nigel passed away a couple of months after receipt of his compensation but his wife also extended her thanks.  “One big comfort for him was your success in getting the compensation which gave him peace of mind knowing I would be financially secure.  The efficiency and speed in which you dealt with the matter was impressive and we couldn’t have wished for better service.  I certainly would have no hesitation in recommending your company should the opportunity arise.”

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.

*anonymised for client confidentiality