Recently, Boyes Turner acted for a gentleman named Glen who was diagnosed with mesothelioma, an asbestos related cancer following a suspected chest infection which, after further testing, was found to be mesothelioma. The case was handled by Laura Magson, Partner in our asbestos team, and once instructed, Laura heard about his situation after he was referred to her by HASAG, an asbestos support charity. She immediately got in contact with Glen’s wife, Carol, and she quickly went to see Glen in hospital to preserve his lifetime evidence. Glen’s case was particularly difficult on liability, and this was further complicated after Glen’s health rapidly deteriorated shortly after his diagnosis due to a diverticular perforation and simultaneous infection. Due to his mesothelioma diagnosis, conservative treatment was given to him, however, devastatingly, he had a rare reaction to the antibiotics used which caused him to suffer from multi-organ failure. Consequently, he sadly passed away. Laura supported his wife, Carol, in carrying on with the claim. Asbestos exposure during maintenance engineering work Glen was exposed to asbestos through his work as a maintenance engineer from 1975 to the late 1980s. He would carry out maintenance work on boilers and pipes which were lagged with asbestos and to carry out the maintenance work, he would have to remove the lagging. He would do work on valves, gaskets and flanges, all of which were lagged with asbestos or surrounded by this lagging so he could not avoid encountering it. He would also carry out repairs on leaking pipes so he would have to remove the lagging to fix the leaks. In his lifetime statement, he noted that the lagging was in a state of disrepair and it was crumbling away from the pipework. He worked alongside others who were also carrying out similar maintenance work, and he swept up the debris following the competition of his job. Obtaining expert medical evidence Given the interplay between his diagnosis and his other health conditions, it became incredibly important to obtain medical evidence regarding the cause of his passing to bring about a successful conclusion of the claim. Laura obtained the opinion of two experts who were able to comment on the cause of his passing, both of which were supportive of the fact that ultimately, his mesothelioma led to his death both directly and indirectly. She also held conferences with the experts and Counsel to discuss the complexity of the claim, and the best way to proceed. Coroner’s inquest and pre-inquest settlement The coroner’s inquest has not yet taken place due to the medical complexity of Glen’s situation which requires extensive evidence. Despite this, the defendants were induced to make an offer considering the strength of the medical evidence obtained by Laura. After extensive negotiations and a measured approach taken by Boyes Turner, the defendant’s agreed to meet the full value of the claim prior to the inquest. Although they did not admit liability, the outcome was welcomed given the complexity of this case, however, no settlement can erase the profound loss suffered by Glen’s loved ones. *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.
