David* was diagnosed with mesothelioma, an asbestos related cancer, in March 2023 and he sadly passed away a few months later in June 2023. David’s wife and family knew that he had been negligently exposed to asbestos during his employment and so, after David had died, they made contact with Melloney Harbutt, Legal Director at Boyes Turner, who immediately investigated a potential claim. Circumstances of asbestos exposure David worked as a maintenance engineer for British Rail from 1976/77 until his retirement in 2019. He worked on track maintenance but his job was varied and involved other maintenance work, including knocking down old maintenance huts which contained asbestos, working on signal boxes and on old roofs and ceilings which contained asbestos. David also had to repair and replace drainage pipes along the track which also contained asbestos. David’s wife recalled that he worked at a training centre in Paddock Wood in which he worked on old roofs and ceilings which contained asbestos, repairing and replacing them and fixing any leaks. Development of mesothelioma symptoms David had several tests done in 2022 after experiencing issues with his throat. He then suffered flu-like symptoms in which his GP treated him for a suspected chest infection. David had no improvement in his symptoms, so he was referred for a chest x-ray which showed pleural thickening in the right apical lung and a small right pleural effusion. An urgent CT scan was carried out which showed extensive intrathoracic malignancy. David was referred for a CT guided lung biopsy in March 2023, and he was diagnosed with mesothelioma. He received support at home from his family and a local hospice before passing away in June 2023. The mesothelioma claims process David’s family made contact with Boyes Turner regarding the possibility of a claim after his passing. As David had not provided a lifetime statement prior to his death, the details of his occupational exposure to asbestos were limited. The only information was that of David’s lifetime application for benefits as a result of his mesothelioma diagnosis and the information his wife was able to share before passing away herself during the investigation of the claim. Melloney therefore sought additional evidence by engaging in a witness appeal to see if anyone recalled working with David at British Rail. After no response, Melloney contacted several individuals who had previously worked at British Rail to see if they could assist and provide a statement in support of the claim. Another law firm put Melloney in touch with a potential witness. Whilst the witness did not work with David, he was able to provide detailed insight regarding the presence of asbestos in David’s workplace. With this statement to hand, a supportive medical report and details regarding the losses claimed on behalf of David’s Estate, Melloney engaged in settlement discussions and made a settlement offer in full and final settlement of the claim. Just 6 weeks before the deadline to issue court proceedings was due to expire, three years after David’s death, a settlement agreement was reached with British Rail’s legal representatives. This resulted in a successful and positive outcome for David’s family after a long fought legal battle. *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.
