Michael’s* health deteriorated rapidly in the months following his mesothelioma diagnosis in December 2023. While the team at Thames Hospice provided critical care and assistance to ensure that Michael’s remaining days were as comfortable as possible, Michael unfortunately succumbed to the crippling condition he had developed from years of asbestos exposure more than 50 years prior. Laura and Michael’s family knew that he had been negligently exposed to asbestos during his employment and fought tirelessly to seek an admission of liability and compensation. Circumstances of asbestos exposure Michael’s employment with Benham & Sons Limited (subsequently known as Alpeninox Refrigeration UK Limited) lasted for almost two decades between the mid-1950s and the mid to late 70s. The company’s factory in Wandsworth was Michael’s second home for much of this time, with the cooking utensils and catering equipment it manufactured being used in a variety of places including hospitals. While the company’s manufacturing process was seemingly innocent, Michael’s responsibilities were far from it. Being responsible for the handling, storing and cutting of asbestos sheets to line autoclaves and ovens was dirty and dusty work. Cutting the asbestos sheets to size required Michael to use a handsaw, with the sheets being held still using a bench vice. The fitting process required drilling the cut sheets into place, with the process being repeated for each of the estimated 10 ovens and autoclaves operating within the factory. Michael was not the only employee tasked with this job, meaning that the dust released during the cutting and drilling process was inescapable. Overalls covered in the lingering dust were washed at the end of each week at Michael’s home. Development of mesothelioma symptoms After feeling unwell at the start of 2023 Michael underwent a series of investigative tests and scans. Although these investigations failed to reveal a diagnosis Michael’s health began to deteriorate only a few months later. Lingering fatigue, loss of appetite and breathlessness was cause for concern and lead to increased focus on Michael’s symptoms. By December 2023 the optics of Michael’s symptoms were sinister, with approximately nine litres of fluid being drained from the lining of his lung. The fluid drain lead to Michael’s diagnosis of mesothelioma in December 2023 and he was subsequently admitted to the Wexham Park Hospital in late January 2024. The care and assistance Michael required lead to a further transfer to a hospice in early February 2024, with Michael being essentially bed-bound and requiring round the clock care up until his untimely passing in mid-February 2024. The claims process Michael’s son-in-law first contacted Boyes Turner regarding the possibility of a claim in early February 2024. Preliminary details regarding Michael’s employment history noted his time with Benham & Sons Limited, a known defendant of Boyes Turner’s industrial disease team. Due to Michael’s deteriorating health a visit in the hospice was organised for the day after first contact, with Michael’s lifetime evidence being promptly preserved in a statement. The various different insurers for Michael’s previous employer were promptly notified of Michael’s claim, with a variety of supporting documents being provided also. Laura pushed for an admission of liability in Michael’s lifetime but unfortunately Michael passed a week after instruction without ever seeing his former employer admit liability for his condition. Admission of liability and legal process Following Michael’s passing, his family worked not only with Laura to ensure the continuation of Michael’s claim, but also Boyes Turner’s Wills, Trusts and Probate and Wealth Protection teams. A subsequent coronial investigation into Michael’s death due to the apparent link to asbestos exposure slowed the compensation process but never stopped the wheels from ever fully stopping. With more information being gathered and definitive evidence of Michael’s employment with the company being received Laura pushed the insurers and received an admission of liability in mid March 2024. With the admission received Laura turned her mind to calculating the value of Michael’s claim. A statement from Michael’s daughter Bethany allowed for gratuitous care provided to be valued, and detailed medical records and an expert medical opinion providing evidence as to Michael’s likely loss of life due to his asbestos related condition. Settlement and compensation secured Although a formal offer of settlement was made to settle the claim in September 2024 it was ultimately rejected by the defendants, meaning that Laura had no choice but to commence court proceedings to allow Michael’s family the best opportunity to seek as much compensation as possible. With proceedings commenced in November 2024 Laura and her team regularly liaised with Bethany regarding updates on the claim and continued gathering supporting evidence. After a prolonged period of silence from the defendants, draft directions were agreed and an interim payment of £50,000 was made to Michael’s estate. After learning that the defendant was disputing the travel expenses claimed by Michael’s son Jeffrey (who lives overseas), on the basis that he did not provide care Laura took swift action by making an urgent application for permission for him to give evidence out of the jurisdiction (his statement and the Schedule that was drafted clearly set out he had provided care on his trips over). With pressure mounting on the Defendants and the claim intensifying in anticipation of a trial the defendants ultimately agreed the entirety of the travel and care costs claimed and the case settled at full value three days before the final court hearing. Bethany said “Nothing will bring my dad back and no amount of money will make up for our loss, but Laura’s hard work and determination has made the defendant accountable and therefore justice has been done. I’m so happy that Thames Hospice will be reimbursed their costs. We were so grateful to have them for dad’s last two weeks. They are an amazing charity and it feels so good to be able to give back on dad’s behalf. Thank you to Laura and her team for dealing with this in such a compassionate way from start to finish. We will always be eternally grateful” *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.
