Kevin was diagnosed with mesothelioma, an asbestos related cancer, after experiencing severe pain in his upper body which prevented him from carrying out his regular day-to-day activities. After the trial of different pain killers and osteopathic intervention, he was referred for further investigations. A PET scan and subsequent biopsy unfortunately revealed that he was suffering from the disease. Upon hearing the life changing news regarding his diagnosis and the fact it is linked to asbestos exposure, he immediately thought of his exposure to asbestos earlier in his career and reached out to Melloney Harbutt, Legal Director, at Boyes Turner who was able to assist him with his Mesothelioma claim. Asbestos exposure during bricklaying apprenticeship Kevin was exposed to asbestos whilst working as a bricklayer as part of an apprenticeship scheme between 1968 and 1971. On one job, he worked inside a theatre helping to convert the premises into a cinema complex. To do this, the entire infrastructure had to be ripped out for it to be rebuilt. As part of his role, Kevin would block off and knock through doorways. He worked alongside his colleagues who were ripping out the pipework and ducting of the theatre which lagged with asbestos and as it was being ripped out, the dust released into the air. The atmosphere was thick with dust and Kevin was only provided with an inadequate paper mask. This job lasted for a few months, and he was exposed to asbestos in this way every day. Kevin also worked on blocks of flats, using Asbestolux boards as soffits. He would build the brickwork and then install the soffits by scoring them with a blade and snapping them. He then drilled them to fit, which disturbed the asbestos and produced dust. He was not provided with adequate equipment to protect hm from asbestos dust and fibres by his employer and he was not warned of the dangers of asbestos. The process of the claim Melloney quickly obtained a lifetime statement from Kevin about his asbestos exposure and diagnosis by visiting him and Jane at their home. Devastatingly, Kevin’s health rapidly deteriorated and he unfortunately passed away two months later. His long-term partner, Jane, pursued the claim following his untimely death. Supporting evidence and liability admission Melloney obtained statements from Jane to support the claim and assist with quantifying it. Subsequently, the defendant admitted full liability. Melloney then obtained supportive expert evidence, including a report from a forensic accountant. This was important to quantify the sizeable income dependency claim as Jane was younger than Kevin and intended to retire in her 50s so that they could enjoy retirement together. This fact was disputed by the defendant. To support our pursuit, Melloney took a further statement to support this aspect of the claim from the couple’s longstanding financial advisor, who was able to evidence the couple’s financial and retirement plans had Kevin not developed mesothelioma and died prematurely. This evidence ultimately compelled the defendant to accept Boyes Turner’s offer, despite a previous stalemate in negotiations, and brought about a successful conclusion of the claim. The outcome While no amount of financial compensation can remedy the loss of a loved one, it serves as recognition of the profound devastation caused by negligent asbestos exposure. Jane was delighted with the outcome and to have brought about a successful conclusion for the claim which Kevin had started. “Thank you so much for all your help and professional guidance to get us this result”. *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.
