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Written on 6th June 2023 by Martin Anderson

Martin Anderson acted for Michael following his diagnosis of mesothelioma.  Michael was diagnosed with mesothelioma in April 2022.  He had always been fit and well, but started to notice some chest pains and increasing problems with his breathing.  He saw his GP, who suspected that he may have some fluid in his lung.  He was referred to the hospital and they found pleural effusions and drained some the fluid.  He later had a biopsy, following which he was advised of his diagnosis. 

Michael recalled two previous jobs where he had been exposed to asbestos. 

He worked for the Central Electricity Generating Board at Battersea Power Station.  He started as a labourer and then worked in the scaffolding gang.  He remembers working next to laggers who were mixing asbestos lagging and applying it to the pipework.  They also knocked off old lagging in order that faults in the pipes could be fixed.  This was an ongoing process and Michael was constantly exposed to asbestos dust during his time there.

He was also exposed to asbestos dust when working for a company called Skilmas as a Fitter’s Mate.  He worked in boiler houses and plant rooms, replacing the heating and ventilation systems.  They had to remove the old pipework and ductwork which was usually lagged with asbestos.  Michael had to hack this all off before they removed the pipework and ductwork.

Skilmas are defunct and no insurers could be traced.  However, we were able to assist Michael in claiming the full amount of compensation from National Grid PLC, who are the successors in title to the relevant division of the Central Electricity Generating Board.  This is because, in mesothelioma claims, Defendants are ‘joint and severally liable’, which means that each individual Defendant is independently liable for the total amount of the compensation.

Michael was active and he was still working at the time of his diagnosis.  He had intended to continue to work as long as he was physically able to do so, but he has had to stop as a result of his diagnosis. 

He receives care from his daughters and has a supportive family network.  

The Defendants made no offers following service of the Schedule of Loss and the medical evidence and Martin therefore issued court proceedings.

Following the issuing of court proceedings, the Defendants started making offers in settlement.  After a few weeks of negotiation, Michael was happy to accept an offer of £250,000 gross.  The Defendants also agreed to fund any future treatment that Michael may need which is not available on the NHS.

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.