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Written on 23rd December 2021 by Laura Magson

Exposure

Gerald was employed as a fully qualified electrician for a company based in London near Cannon Street. During his employment, he regularly came into contact with asbestos. He went into boiler houses and was required to run cables into these boiler houses where the boilers and associated pipework were lagged with asbestos. Gerald specifically remembered laggers mixing up compound asbestos with water in oil drums until it formed a paste, and then putting this paste on the pipes. The lagging was later disturbed when Gerald was pulling cables through the boiler houses exposing him to asbestos dust. He was not provided with a mask.

Gerald also worked on suspended ceilings which contained asbestos ceiling tiles. He had to run cables above these ceilings and used electrical tools such as a percussion drill. He specifically remembered working on a complete refurbishment of the Bedford Marks and Spencer store where asbestos sheets were used up the side of escalators.

Part of Gerald’s role was to change fuses if the fuse had blown. There were fuse bridges on re-wireable fuses and there was an asbestos cloth inside the fuse to provide insulation. If the fuse had blown, the asbestos cloth would be damaged and it had to be removed and replaced. Gerald also remembered a high level light fitting called ‘Benjamin’ that he installed which contained asbestos tape.

Symptoms

Gerald was walking his puppy with his wife when he noticed that he was getting breathless towards the end of February 2021. Initially Gerald thought that this may be a side effect from his blood pressure tablets and went to his GP. He was given a blood pressure monitor and was sent to get blood tests done. He was given blood thinners because the GP believed Gerald had a blood clot and that he may have some fluid on his lungs. It was later established that the GP was in fact correct that Gerald did have fluid on his lungs. He required a chest drain and had biopsies taken. Gerald was asked if he has been exposed to asbestos and shortly after, he was sadly diagnosed with the asbestos related cancer mesothelioma.

Settlement

Laura was instructed in July 2021 and the claim settled three months later in October 2021 for £200,000.00 gross. Laura took a signed statement from Gerald, notified the insurer for the Defendant company and collated Gerald’s medical records. On receipt of a supportive medical report, Laura requested an interim payment, but was met with silence from the Defendant.  Laura was persistent and after sending numerous emails to the Defendant, she put forward a Part 36 offer of £200,000.00. After discussions with the Defendant’s insurers, they accepted Laura’s offer and settled the claim.

Laura’s pro-active approach resulted in the Gerald’s claim settling swiftly and Laura has preserved Gerald’s right to funding from the Defendants for treatment that may not be available on the NHS so Gerald has peace of mind that there will be no financial concerns over the cost of any immunotherapy treatment he has in the future.

Laura has over 15 years of specialist experience representing seriously injured victims and the families of those with fatal injuries. 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 idclaims@boyesturner.com or by telephone on 0118 952 7199.

*anonymised for client confidentiality