Pleural thickening and effusion case settled for £150,000 gross

Laura Magson acted for Edward* who was a draughtsman and also acted as a project engineer between the years of 1968 to 2001. Edward* was diagnosed with asbestos related pleural thickening in summer 2019 and required a significant amount of care from his family.

Exposure

Our Client Edward* came into contact with asbestos during his employment at an Atomic Energy Research plant. His asbestos exposure was between the approximate years of 1970 to the late 1980’s. He specifically remembered men cutting up asbestolux sheets with electric saws and handsaws and as his job was to oversee the men completing their work, he was always in close proximity breathing in the asbestos dust. Edward* also specifically remembered spending time in buildings with sodium rigs. Edward* was involved in the design construction and maintenance of the sodium rigs and many of the pipes were lagged with asbestos. The asbestos was often poor and deteriorating and was disturbed during day to day activities. Laggers would then come in to fix and maintain the lagging on the pipes and once again, our Client Edward* was only a few feet away. Our Client was never offered a mask and was never provided with any warnings or the dangers of asbestos until much later in his employment.

Medical diagnosis

Edward* was fit and well until the end of 2019. He had previously been diagnosed with prostate cancer but this had not caused him any difficulties. He had left sided pleural thickening and atelectasis which was an incidental finding on a CT scan in summer 2019. He was also suffering from a left sided pleural effusion and was experiencing breathlessness and lower abdominal pain. In April 2020, Edward* was investigated for malignancy and underwent further scans. The fluid was analysed and was inconclusive for mesothelioma.

This case was complicated as Edward* sustained a fall in May 2020 fracturing the left neck of femur. He was admitted to hospital and underwent treatment and rehabilitation as an impatient for around 2 months. During this time he suffered further infections. He was when in a wheelchair and was not able to weight bear on his left leg, he required a walking frame.

We were instructed in August 2020 and after investigation, notified the Defendant of the new claim and also instructed a medical expert to review Edwards* medical records and provide his opinion and prognosis. The DWP also assessed Edward* as being 85% disabled; the breakdown of this was 70% diffuse plural thickening and 15% pneumonia.

Settlement 

The Defendant’s initially offered £40,000.00 gross in March 2021 in full and final settlement of Edwards* claim. Laura advised Edward* that this was too little and that the claim was valued at much more, especially as he lived alone and needed full time care. Laura obtained a care report from registered nurse who visited Edward* at his home. It was very important for Edward* to have round the clock care as his grandson had moved in to help him with day to day tasks. We then received a further Part 36 offer in the sum of £115,000.00 which was closer to the figure we were expecting but was on the low side. Laura was able to persuade the Defendant’s agreed to a settlement of £150,000.00 and the case was settled within 12 months of instruction.

A majority of the settlement figure was for Edward's* past and future care. It was extremely important to ensure he was able to fund the care and assistance he requires.

Edward’s* daughter said  “ Dad has said that the compensation has made a considerable difference to his life.  Thank you so much for facilitating that and for your tenacity and skill with the handling of the case.”

*Names have been changed

For more information about how the 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 idclaims@boyesturner.com or by telephone on 0118 952 7199.