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Written on 4th October 2024 by Laura Magson

Routine check-ups had served Michael* and his overall health well for countless years. The non-smoker appeared symptomless until an MRI in December 2022 showed fluid surrounding his lungs. After several follow-up tests and scans Michael was shocked to hear that he had developed the asbestos cancer mesothelioma seemingly out of nowhere. After contacting the asbestos support group HASAG Laura and her team helped Michael navigate an industrial disease claim, settling his claim within thirteen months of first instruction.

Circumstances of exposure

While undertaking studies at Bristol University in the late 1960s/early 1970s Michael was keen to make any money he could. Prior to marrying in August 1972 Michael took on more part time jobs, and for a period of approximately 3 months found himself employed by Metal Box Co. Limited (later know as Crown Packaging UK Limited) as a labourer. Michael’s summertime employment required him to wipe down boilers and pipes lagged with asbestos. He recalled two main boilers which were approximately six feet high and had several pipes attached to same. The lagging on the pipes was so deteriorated and friable that it would peel off the pipes and fall to the ground with the wipe of cloth. Sweeping up the remains of the lagging created clouds of dust, which without the protection of a mask, left Michael dusty and dirty by the end of the workday.

Symptoms develop

Every two or three years Michael would undertake a private health check-up. As part of that process Michael underwent an MRI in December 2022 which showed a pleural effusion. Considering he was not experiencing any respiratory issues at the time Michael was somewhat conflicted but underwent additional scans on the recommendation of his GP. Although these scans and tests did not show anything of immediate concern, a later CT scan in approximately March 2023 appeared to show that his pleural effusion had worsened. Michael had a clinic appointment with a respiratory specialist in late April 2023 and was informed that they had found a “bit of asbestos on his pleura”, leading to further discussions regarding Michael’s possible past exposure to asbestos.

Michael underwent a VATS surgery at Guy’s Hospital in London in mid-June 2023, and had a biopsy taken during same. Michael and his wife received the news of the mesothelioma diagnosis soon after. He was later referred to the oncology department and commenced dual immunotherapy in late July 2023.

Claim process

Locating the correct paymaster for Michael’s claim was complicated by several factors. The employer had (since the time of Michael’s exposure) changed their name and had been taken over by other entities which had subsequentially entered liquidation. These complications were overcome by Laura’s team through considerable research and correspondence with other law firms who had commenced claims against the same employer.

An interim payment was made to Michael in late 2023 and further negotiates were undertaken by Laura to ensure that any settlement amount considered Michael’s future treatment needs. Laura also liaised with liquidators and the Secretary for State for Business and Trade to protect Michael’s claim.

Proceedings were issued against the Defendant to allow timely progression of Michael’s claim. Ultimately, Laura managed to negotiate settlement of Michael’s claim in August 2024, with the settlement conditions including an agreement that the defendant will fund any medical treatment (including immunotherapy) that Michael requires going forward.

Michael said: “As with most people, when I discovered, quite out of the blue, I had terminal cancer I found it difficult to process my new situation. Particularly, what were the possibilities regarding claiming from the company that had me working 50 years ago in an unsafe asbestos environment.

Laura Magson of Boyes Turner provided clear and sympathetic advice, helped by her experiences of similar cases.   Laura worked very hard with tenacity to progress my no-win-no-fee claim to a successful conclusion while keeping me fully informed of progress and explaining  the intricacies of the legal processes.

Very importantly, Laura ensured my settlement included the funding of any non-NHS treatment that I may require as the NHS is limited in the treatments it can provide.

So, I have no hesitation in recommending Boyes Turner, and Laura Magson in particular, to act on your behalf for an asbestos related claim."

*All 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.