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Written by Laura Magson

Boyes Turner’s mesothelioma and asbestos claims team have secured an admission of liability, an interim payment and final settlement for a former Nestle factory worker with mesothelioma, all within three months of instruction.

Sheila contacted Boyes Turner after she was diagnosed with mesothelioma following six months of symptoms with increasing breathlessness.  She underwent pleural drainage in hospital and was advised by consultants at a tertiary treatment centre that her pleural biopsies confirmed biphasic mesothelioma. 

Sheila told us that she had worked at the Nestle Company Limited in the 1950s and 1960s. During her employment she was required to pack chocolate products and work on a conveyor belt. Sheila couldn’t recall much about her asbestos exposure but remembered that the room where she worked had pipes that were lagged with asbestos at ceiling height and that, occasionally, maintenance men undertook repair work on this pipework.

Over the years, Boyes Turner’s experienced industrial disease lawyers have obtained witness statements from a large number of witnesses with first-hand experience of asbestos practises at various factories and workplaces across the country. Laura Magson contacted two witnesses who had helped in previous cases relating to exposure at the Nestle factory in Hayes, Middlesex, where Sheila had worked. The witnesses were glad to help and Laura visited one of them who wanted to check his previous statement and update it with the detail that was needed to support Sheila’s claim. The witness statements were served on the defendant company, Nestle.

Nestle conceded liability at this point but asked for further evidence to prove the causation of Sheila’s condition. We obtained a medical report which confirmed the diagnosis of mesothelioma and served it on the defendant. Nestle then made an interim payment and we commenced settlement negotiations, achieving settlement within three months of Sheila’s first contact with us.

Sheila lives in her son and daughter-in-law’s annex and, to date, they have provided her with care and assistance during her illness. Whilst no amount of money will compensate Sheila for the loss of her health, the shock of her diagnosis and the pain and suffering she is going through, she was delighted that the case was settled promptly and that she now has the finances to pay for private care. 

The family said of Laura Magson:

“I just want to thank you again for all your help and support, it really is appreciated. We cannot express our gratitude enough in making something that is an awful situation quite “stress free” for us all and the respect and dignity that you showed at all times was outstanding”

If you or a family member has been diagnosed with mesothelioma or any other asbestos related disease, we may be able to help. Contact us by email for a free initial discussion