Tony’s family waited approximately 8 months for the findings of the inquest into his death. The investigations concluded that Tony’s passing in July 2022 was caused by the asbestos-related cancer mesothelioma. After learning of this, Tony’s family contacted Melloney to explore the possibility of making a compensation claim because of Tony’s death from an asbestos related condition. Complicating matters however was the fact that Tony had not provided lifetime evidence of his occupational exposure to asbestos prior to his death. Circumstances of exposure Tony commenced employment with Downing Rudman & Bent (“the company”) as an apprentice in 1957. He remained with the company until 1963/64 and progressed from an apprentice to qualified joiner during this time. In addition to starting his professional life in the late 1950s, Tony also met his eventual wife Julie in 1959. They would talk about his work with the company like any normal couple, and Julie recalled Tony having to go into the workshop on Saturday mornings to clean up the week’s work. From these conversations, Julie learnt that Tony had to brush down machinery and clean out the areas of the workshop where materials were being cut by the company’s joiners. She recalled Tony doing one job at a school in the Malmesbury area that was particularly dusty. At this site, Tony and others were required to strip out one of the buildings on the campus that was later found to be riddled with asbestos, with their only protection being thin handkerchiefs tied around their faces. Onset of asbestos symptoms In 2019 Tony began experiencing some shortness of breath when gardening. Nothing showed up on the various investigations that were undertaken, but the issues and subsequent tests seemed to have a profound impact on Tony’s already struggling mental health. By Christmas 2021 Tony had become very frail, had a cough and was breathless even on minimal exertion. He also suffered from a loss of appetite and had difficulty swallowing. By Tony’s 80th birthday in May 2022 his family were becoming increasingly concerned by his ongoing struggles. The issues regarding his appetite persisted and scans and investigations pointed towards Tony having some form of cancer. He was admitted to hospital in mid-June 2022 after experience more significant weight loss. Although no formal diagnosis was provided, Tony’s family were informed towards the end of June 2022 that he probably had mesothelioma. Tony sadly continued to deteriorate and passed in early July 2022. The claims process After waiting approximately 8 months for the results of Tony’s inquest, the family learnt that he had died from the asbestos-related cancer mesothelioma. The family had been told prior to Tony’s death that this appeared to be the cause of his rapid health decline but never received a formal diagnosis in Tony’s lifetime. Upon speaking with the asbestos support group HASAG Tony’s family contacted Melloney for guidance regarding a possible compensation claim. As Tony had not provided a lifetime statement prior to his death, the details of his occupational exposure to asbestos were largely unknown. Julie’s recollection of Tony’s employment with the company was somewhat scarce, but the family was able to provide some names of former colleagues. The first colleague William recalled Tony, the jobs they completed while employed by the company, and being exposed to asbestos. Unfortunately, William was unable to sign his statement to support the claim before he too passed away. Witness evidence Melloney’s spoke to another former colleague called Julian, who provided detailed insight regarding the presence of asbestos at the company. He recalled the particularly dusty environment the joiners worked in, and while he had only limited experience working in the joiners' workshop, knew that joiners such as Tony had cut and fitted asbestos sheets as part of the fabrication process for asbestos fire doors. Julian also recalled the joiners using a particular electric saw to cut the asbestos sheets to size. He remembered the area the joiners cut material in being very dusty and dirty and knew of past employees of the company such as Tony that had developed asbestos related health conditions. In circumstances where no lifetime evidence from Tony was available, Julian’s statement was extremely important to Melloney securing an admission of liability from the company’s insurer in early 2024. Finalising the claim and achieving a settlement With this statement to hand and after receiving additional medical evidence regarding Julie’s life expectancy, Melloney began pushing for a settlement of the claim. Calculating the lost services and income that Tony would have provided but for his death took time and insight from the family and others. After gathering all evidence, Melloney and Tony’s family worked together and a settlement of the claim was achieved in early 2025. Tony’s family said: “Right from the outset of my 1st engagement with Melloney & her team in April 2023 she has had my fullest confidence. She clearly explained what would be involved in taking forward my claim in relation to my Father's death due to asbestos exposure. But she was equally clear in ensuring that I that knew the challenges that we might face. She also took the time to explain the whole process to my 81 year old Mother during a number of home visits. In this her professional but fully approachable manner was key in allaying my Mother's concerns and giving her faith in us taking the claim forward. When we did hit numerous challenges Melloney was quick to keep me informed, provide reassurance and detail options for the next steps. Without Melloney's focus and clear guidance I would not have been able to pursue this claim and ultimately gain formal recognition that a company had failed in their duty of care to protect my Father when he was a young apprentice in the early 1960's. This outcome has now brought closure for both me & my family and we have 'done right' by Dad - Which was only achievable through Melloney's endeavours.” *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.
