£165,000 compensation recovered for malignant mesothelioma claim

Boyes Turner's expert mesothelioma claim lawyers were initially instructed by the widow of Mr J, who had secondary exposure to asbestos through her late husband's work clothes and environmental exposure from a flat she occupied in the 60's-70's in London.

Mrs J, a 74 year old who had been widowed over 40 years, was diagnosed with malignant pleural mesothelioma in January 2011. Although she couldn't recall any exposure to asbestos at work, having always worked in offices, it was accepted that she had secondary exposure resulting from her late husband’s contaminated work clothes and environmental exposure from asbestos whilst occupying a flat in Waltham Forest between 1967 and 1974.

Proceedings were brought against Wates Maintenance Services Limited and the London Borough of Waltham Forest, resulting in judgment being entered against both. The claim was settled shortly before an assessment hearing.

Mrs J's husband who had been a building maintenance worker employed by Wates was fatally injured in an accident at work and died on 08/01/1970 at the age of 30. Wates had also built the towers on the Waltham Forest estate where Mrs J continued to live after her husband’s death and which was demolished in 1997.

Her exposure to asbestos likely occurred in the 1960s and early 1970 and resulted from inhaling asbestos dust and fibres brought home on her husband’s work clothing which she shook inside their 14th floor flat and washed in the bath. In addition there was an asbestos lining of an airing cupboard in the flat which, when damaged, likely also resulted in fibres being released into the atmosphere.

The case was settled for £165,000 after 12 months and during Mrs J’s lifetime.

The unusual feature of this malignant mesothelioma claim is that Mrs J is a woman and that her mesothelioma had been caused by secondary exposure from contaminated work clothing over 40 years ago. 

Boyes Turner's expert lawyers also found, through researching newspaper archives, reports from the inquest into the fatal accident on New Years’ Eve 1969 which resulted in Mr J’s death 9 days later. Mr Jones was killed when sparks from an old electric fire ignited a pocket of Calor gas which exploded in the basement of a Leyton tower block. Wates settled a claim brought by Mrs Jones on behalf of herself and her two young children, she received £10,000 for his loss. It is a double tragedy for her two children who lost their father due to the negligence of Wates, his employers, and now see their mother suffering an asbestos related cancer, caused again by Wates’ admitted negligence.  

The service was personal, professional and considered. I was treated so kindly and in the end I knew that not only had I found the right organisation but also the right person.

Boyes Turner client

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