Honouring a loved one: How expert support helped a family find accountability

Seeing someone you care about experience a rapid decline in health is heartbreaking and discovering that an asbestos-related cancer is responsible only deepens the pain.

This was the situation that Jeremy’s* family found themselves in following his passing in September 2023, which they later found out was caused by mesothelioma. Upon hearing this news, Jenny, Jeremy’s daughter and her family got into contact with HASAG, an asbestos support charity who put them in contact with the Mesothelioma and Asbestos Disease Claims team at Boyes Turner.

In the lead up to Jeremy’s passing, his family noticed that he had a persistent cough which did not improve after a few weeks, and he also suffered with shortness of breath. His health rapidly deteriorated and unfortunately, he passed away before he received a diagnosis of mesothelioma.

Asbestos exposure

Jeremy worked as an apprentice in plumbing and heating between the late 1960s to the early 1970s. As part of his role, he had to carry out maintenance on pipework, hot water cylinders and heating ducts which were located underneath asbestos lagging which meant he had to remove this lagging. The process of removing the lagging created a lot of dust as the lagging was brittle in nature meaning that when it was scraped off, dust would fall away onto Jeremy’s clothes and in his surrounds.

Once Jeremy finished working on the pipes, the asbestos lagging on the pipework was replaced. The process of putting on new lagging also created dust when it dried which would fall onto the floor where Jeremy was working.

The process of the claim

Melloney and Laura both played instrumental roles in bringing Jeremy’s case to a successful conclusion.

Melloney visited Jeremy’s family to offer her condolences and to explain the steps that would be taken to progress her father’s claim. During their conversation, Jeremy’s widow recalled one job, in particular, that he had undertaken. Because Jeremy sadly passed away before a formal diagnosis was confirmed, it became crucial to identify a witness who could clarify the nature of his work and how he had been exposed to asbestos.

Following a witness appeal launched by Melloney, a witness came forward who was able to confirm that Jeremy had been exposed to asbestos while working as a plumbing apprentice. The witness also described his own exposure and confirmed that neither he nor Jeremy had been provided with protective equipment or warned about the dangers of asbestos during their time in that role.

Laura also met with Jeremy’s family, gathering vital evidence about Jeremy’s health and working life. This evidence strengthened the argument that, had Jeremy not developed mesothelioma because of asbestos exposure, he would have continued working for several more years before gradually reducing his hours and eventually retiring.

As the case progressed, Melloney and Laura combined their expertise to move the matter steadily toward settlement. Because the Defendant company was no longer active, Melloney took the necessary steps to have it restored to the register to pursue a claim for Jeremy’s asbestos exposure.

Once the liability evidence and medical evidence was disclosed, the Defendant conceded breach of duty (negligence) and offered an interim payment of £50,000 to Jeremy’s widow, Jenny, and her family once the Grant of Probate was in place.

Laura then led settlement negotiations with the Defendant, which ultimately resulted in a six-figure settlement being offered and accepted. While no financial outcome can truly lessen the family’s grief, the settlement stands as meaningful recognition that Jeremy’s life was tragically cut short by a preventable illness.

Laura has said ‘I would like to express my heartfelt thanks to the witness, whose courage and willingness to come forward made it possible to bring this case to a successful conclusion. This was an especially heartbreaking case as the deceased’s condition deteriorated so quickly, and mesothelioma was only confirmed after his passing. Without a lifetime statement, it can be challenging to piece together how asbestos exposure occurred, and the witness account provided the vital link that allowed us to seek justice for Jeremy and his family.’