Boyes Turner LLP were instructed by the family of Mr D in 2015, following his death in 2009 as a consequence of mesothelioma, a fatal asbestos related disease.
Mr D’s claim
Mr D was employed as a carpenter installing asbestos panels on fire doors to be used in pub cellars.
Mr D, feeling unwell with shortness of breath and chest pain, attended his GP who immediately referred him to the hospital for x-ray examinations. The x-rays revealed that clinically Mr D appeared to be suffering from mesothelioma. Mr D was too poorly to undergo any biopsy testing to confirm his diagnosis and sadly passed away just days after his clinical diagnosis was made.
Following Mr D’s death a post mortem was conducted which included lung tissue sampling. The pathologist conducting these tests then concluded that Mr D had died as a result of a leiomyosarcoma, a non-asbestos related cancer.
Mr D’s widow had a suspicion that a certain employer of her husband’s had exposed him to asbestos, but had no supportive evidence to confirm this and in the absence of a diagnosis did not pursue a claim on behalf of Mr D’s estate.
In 2014 Mr D’s widow contacted Boyes Turner's specialist industrial disease team to investigate further whether her husband had in fact died of mesothelioma or leiomyosarcoma. Mrs D was advised by Boyes Turner that the law lays down a strict time limit that requires asbestos related disease claims to be issued in a Court within 3 years from the date of death of an asbestos related disease. In the circumstances Mr D’s widow was statute barred from pursuing a claim.
Boyes Turner, a firm committed to obtaining justice for mesothelioma, decided however to investigate this matter on behalf of Mr D’s estate.
Boyes Turner’s investigation of the claim
Boyes Turner managed to obtain Mr D’s tissue samples and instructed a specialist histopathologist to conduct new tests on the same. The histopathologists findings were conclusive of mesothelioma.
Boyes Turner also carried out investigations into Mr D’s previous employers and located two previous colleagues of Mr D who were able to provide evidence of asbestos exposure.
As a result of Boyes Turner’s perseverance it was decided that proceedings should be issued and served as a matter of urgency in the High Court, London and that an application should be made to the Court requesting the Court’s discretion to allow Mrs D to continue in her claim for justice.
The defendant to the proceedings denied liability, claiming that this was in fact a case of leiomyosarcoma, and also argued that Mrs D should not be granted permission to continue her claim outside of the primary limitation period.
The defendant obtained its own histopathologists report to support its argument, but this only served to confirm that Mr D had in fact died as a result of mesothelioma.
With liability and limitation still in dispute between the parties the matter was listed for a trial on the issue of limitation alone in January 2016.
Just one day before the limitation trial the defendant conceded that Mrs D should not be prejudiced due to the pathologists incorrect finding of leiomyosarcoma and stated that it would concede the limitation point. Mrs D was delighted with this news and thanked Boyes Turner for fighting for justice on behalf of Mr D.
Mrs D now continues in her claim to prove that the defendant was In fact negligent for her husband’s mesothelioma and to finally obtain an admission of liability from the defendant.
Boyes Turner’s specialist asbestos disease lawyers
Boyes Turner are one of the largest legal services providers in the Thames Valley and operate one of the largest specialist industrial disease teams in the country.
Boyes Turner pride themselves on investigating difficult claims which appear to have limited prospects of success. The success in cases like Mr D’s conforms with Boyes Turners ethos of obtaining justice for mesothelioma victims and ensuring asbestos victims and their families are properly compensated.