If someone told you that they encountered life treating conditions during their time with the Ministry of Defence (“MOD”) what would come to mind? Would it be serving on a battlefield, flying a plane, or dodging torpedoes while submerged in a submarine? John’s nearly 10 year career with the MOD didn’t expose him to any of these situations, but more than 40 years later had him facing an unexpected fight. Circumstances of asbestos exposure John’s career with the MOD commenced in 1965 with a short stint as a yard boy. The then 15-year-old was based at HM Dockyard in Plymouth and soon after started his fitter and turner apprenticeship in May 1966. Between May 1966 and 1973 John worked his way from an apprentice to qualified fitter and turner. He was based at Devonport throughout and worked on a variety of different vessels including but not limited to the Ark Royal and the Glamorgan. During this time John was regularly exposed to asbestos when completing refits and maintenance on a variety of ships. Fitting and maintaining machinery required working in and around large steam pipes. Asbestos lagging covered much of the pipework, with John and others stationed around him being responsible for the removal of the solidified coating to access the existing pipework or pumps. Dust and debris would coat John’s clothing and skin as he hacked and peeled back the thick protective layers. Co-workers would mix powdered asbestos with water around him to form the thick goop need to re-lag the pipework. The work in the engine room involved reassembling and connecting pipework. The engine room comprised of turbines, gear boxes, valves and pumps. The turbines had a casing covered in asbestos which John regularly handled. The valves and pumps in the engine room were also lagged with asbestos for heat protection. It was common for John to inadvertently chip, clip and disturb the asbestos lagging with his tools. This created a dusty and dirty environment for the young tradesman to work in. Onset of symptoms John began experiencing respiratory symptoms in April/May 2024. A sudden tightening in his chest and a shortness of breath were indicative of something wrong, but he put off seeing a GP for a short time. Upon finally attending with his GP he was referred to Same Day Emergency Care and underwent a CT scan. The scan showed fluid in the lining of the lung which was subsequently drained and taken for a biopsy. The results of the biopsy were not good, and John received his formal cancer diagnosis in August 2024. The claims process After learning of his diagnosis John was put in touch with the asbestos support group HASAG. John contacted Boyes Turner shortly after in September 2024 and a home visit was promptly arranged. Based on John’s work history after leaving the MOD it was apparent that his only occupational exposure to asbestos was during his years with the MOD. John’s lifetime evidence was quickly preserved in a statement, with a letter of claim being sent to the MOD. Laura pushed relentlessly for a response from the defendant and gathered evidence to support John’s claim. Due to delays in receiving a formal response from the defendant Laura finalised John’s claim documents to commence court proceedings in the new year. Solicitors were appointed for the defendant and Laura began negotiating a settlement of John’s claim. Considering the weight of evidence gathered, Laura was able to reach a settlement of John’s six months after initial instruction for a six figure sum with agreement from the defendants to fund any suitable treatments that are not available on the NHS. John said “Having had our world totally turned upside down with my cancer diagnosis, my wife and I were extremely fortunate to have been put in touch with Boyes Turner. Laura worked tirelessly to win a compensation case on my behalf and continually displayed empathy and sensitivity when dealing with difficult aspects of my condition”. *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.
