Ricky’s employment with Expandite Limited (“the company”) provided a steady wage and routine for nearly 20 years. One product the company manufactured was once viewed as a tradesman’s staple a necessity on any worksite through the UK. However the manufacturing process for making Philplug was dangerous, and involved the creation of large plumes of breathable asbestos dust. Ricky’s journey to seeking compensation took on additional complications, all which Laura and her team took in their stride to achieve an outstanding result. Circumstances of asbestos exposure Aside from a short stint of National Service Ricky was employed by the company for the best part of 20 years. His employment with the company between the mid-50s and early 70s based him in different warehouses in Acton and Bracknell, and saw him progress up the managerial chain to the role of supervisor. Ricky’s work as a supervisor (and prior to that as a progress chaser) took him into the belly of the operation – the mixing and braiding room. He oversaw the manufacturing of Philplug, a tradesman’s helpful aid during the joining and filling process. The asbestos used during the manufacturing process would arrive compact and in hessian sacks. The mixer needed to pull it apart with their hands before mixing it into a drum with cement and glue. Clouds of dust would linger in the room when the asbestos and cement went into the drums. The drum mixed 45 minutes one way and 45 minutes the other way with Ricky needing to keep a watchful eye to ensure everything was working correctly. He was not provided with a mask, any protective equipment, and was never provided with any training regarding the dangers of asbestos. Once the mixing process was complete the mix was then put into the braiding machine. The braiding machine was located in Ricky’s work area. The mix would be emptied from the mixer by way of a long rod, again leaving plumes of dust around the workers. Dustbins containing the mix were hoisted onto the braiding machine before the mix was emptied via a false bottom into the dustbins. This whole process was repeated constantly for 8 hours a day. The mix then went through the machine and was braided with cotton to produce an asbestos rope. It formed on a roller and then went into an empty tin labelled Philplug. The process generated enough dust to fill the work area and whereby Ricky could write his name on his desk every morning. Onset of symptoms Ricky never smoked during his youth and maintained a good level of general health for most of his life. Issues related to his prostate led to a routine checkup in September 2023. Although informed that his prostate was rather large, there appeared to be no reason to panic. Ricky was referred to a surgeon regarding his prostate, and underwent an investigative ultrasound at Wexham Park Hospital. Aside from a kidney stone and cyst, Ricky was assured that none of the findings were particularly serious, and that a follow-up should be scheduled for 6 months. Minor abdominal pains a few months later in January 2024 were thought to be insignificant, but led Ricky to attending Prince Margeret Hospital for a CT scan. The results of the scan were shocking, with Ricky being informed that he may have developed a tumour. He was told this was either peritoneal mesothelioma or a cancer of unknown primary with peritoneal carcinomatosis. Considering the lack of understanding, Ricky commenced treatment at a private hospital before being referred to the centre of excellence for peritoneal malignancies in Basingstoke. After initially being treated with immunotherapy Ricky has had to consider alternative methods of treatment due to his deteriorating condition. He maintains a proactive and positive approach to his treatment. The claims process Ricky’s family first contacted Boyes Turner in late July 2024 after reading an article detailing a previous client’s claim for compensation. After taking Ricky’s lifetime evidence, the team learnt that he had worked for the company, a known defendant to the firm. A letter of claim was sent to the insurers of the company in early August 2024, with attention then being turned to finding a definitive diagnosis. Finding the root cause for Ricky’s ongoing symptoms was paramount not only to the claim, but also to finding Ricky the most appropriate treatment options. Medical records were obtained and opinions were sought from both a pathologist and a clinical physician. By mid November 2024 a formal diagnosis of mesothelioma had been provided and Laura pushed the insurer for not only an admission of liability but also an interim payment. An admission of liability and interim payment of £50,000 was promptly provided by the insurer in late November 2024. Upon receiving the interim payment Laura began seeking evidence to finalise the valuing of Ricky’s claim. Considering Ricky’s living circumstances a statement was taken from his son Mathew to allow the care and assistance provided to be calculated, and a care expert was instructed to comment on Ricky’s future care needs. Consideration for a subrogated claim by Ricky’s private health insurance was also made to ensure that all expenses and refunds payable were accounted for when quantifying the claim. With Ricky’s claim now accurately valued Laura corresponded with the insurer to seek a resolution. Ricky’s health had deteriorated due to his condition and as a result Laura worked tirelessly to bring the insurer to the table for negotiations. Unfortunately, due to a lack of cooperation Laura needed to commence court proceedings to further such discussions, with the claim being filed with the High Court in early June 2025. Laura’s decision to apply for an expedited case management conference and assessment of damages hearing before receipt of the Defence appeared to wake the insurers up and brought about an offer of settlement at full value which Ricky accepted. *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.
