Boyes Turner specialist asbestos claims lawyers were instructed on behalf of Mr S who was diagnosed with asbestos related lung cancer during routine treatment for his already existing metastatic melanoma.
Mr S, 70 year old, was exposed to asbestos by two employers LBS Engineering Limited and Maple Labour Support Services Limited. He was employed as a platers mate working on plating and steel fabrication. His job was working on the conversion of old trawlers into standby boats for the offshore industry. In order to make this conversion all the fabrication had to be pulled out of the cabins of the trawlers. Between the outer steel panel and the wood panelling on the inside, was asbestos. Mr S stripped out all of this asbestos by hand. It was an extremely dusty job.
Mr S was undergoing investigation for metastatic melanoma when his lung cancer was detected and removed during surgery. It was an unusual case as the expert evidence was that the most serious of Mr S’s two cancers was the metastatic malignant melanoma. He had no symptoms from the lung cancer and it was an incidental finding during surgery for his skin cancer.
Due to the melanoma being considered the most serious of his illnesses Mr S was unsure whether he had a claim. The defendants tried to argue that because Mr S was not suffering from any symptoms from his asbestos related lung cancer he had no claim. Expert medical evidence was obtained. Court proceedings were issued and the claim was settled through negotiation with the Mr S recovering substantial damages.