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Written by

Laura Magson, head of the Boyes Turner mesothelioma and asbestos claims team acted for John in relation to his contraction of asbestos-related lung cancer.

John previously underwent a right lower lobectomy in 2016 for a squamous cell carcinoma of the lung. He was exposed to asbestos whilst working as a lagger for Ford & Walton Limited who although were dissolved many years ago, we were able to trace the employers’ liability insurers and were successful in pursuing a claim against them for asbestos-related lung cancer. John’s prognosis was fairly good following the surgery and he decided to opt for a provisional damages award.

Provisional Damages Award

A provisional award compensates a claimant for the condition that they have now, but allows them to come back to Court to claim further compensation if they suffer a deterioration in their current condition or a new asbestos-related condition. The provisional damages order in John’s case provided several scenarios which meant John could return to Court. Those conditions included a recurrence of his lung cancer or an occurrence of a second lung cancer.

Very sadly, less than six months after John’s first case settled he went for a CT PET scan which revealed a lesion which was staged as T1CN1 lung cancer. Supplementary medical evidence was quickly obtained from the medico-legal expert that presented a medical report in the first case. That expert confirmed that the new left lung lesion represented either metastatic spread of the previous 2016 right-sided lung cancer; on the other hand, it could represent a new second primary squamous cell carcinoma of the lung. Our expert believed that it was probably a second primary tumour, but either way, confirmed that whether it was metastases of the original lung cancer or a new tumour, both could be due to the previous asbestos exposure that John experienced during his previous employment.

Care and Assistance

Since John developed the new lung cancer, he required extra care and assistance, particularly due to reduced mobility. He was also suffering from peripheral vascular disease which added to his complications. Unfortunately, John was not suitable for chemotherapy, radiotherapy or surgery and his life expectancy was just eighteen months.

As John lives alone with working family nearby, it was very important that John’s case was settled as soon as possible and during his lifetime so that he could pay for professional carers if necessary. The compensation will also allow him to bring his family over from Australia so that he can spend some valuable time with them.

Court Application

Once the medical report was obtained, was put together with a schedule of loss which set out John’s financial case and made an offer in the sum of £160,000 gross. The defendants did not produce any satisfactory response to the offer so Laura issued an application at the High Court to resurrect the former proceedings. The defendants subsequently offered £120,000 gross. The hearing was due to take place on 10 July, but after negotiations, the defendants increased their offer to £130,000 one week before the hearing which John was happy to accept. John is delighted with the result. He was a heavy smoker previously, but being a former smoker does not preclude lung cancer patients from pursuing a successful claim for compensation. John also received Industrial Injury Disablement Benefit at the rate of 100% (over £170 per week) due to his condition.

For further information please contact the mesothelioma and asbestos claims team by email on idclaims@boyesturner.com

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