Ken instructed Boyes Turner’s expert mesothelioma and asbestos claims solicitors to investigate a claim for compensation for him after he was diagnosed with lung cancer. Ken who was originally from Sheffield retired to Australia and has lived there with his wife ever since.
Exposure
It was whilst living and working in Sheffield that Ken was exposed to asbestos dust as an apprentice heating and venting pipe fitter/welder. He worked for Brightside Heating & Engineering between 1962 and 1968. During the course of his apprenticeship and for some time after he was exposed to significant quantities of asbestos dust whilst mixing and applying asbestos lagging using sacks of raw asbestos which he emptied into 45 gallon drums.
In addition, Ken also worked in close proximity to laggers mixing and applying asbestos lagging and was involved in removing asbestos lagging from piping systems. He described that the air was thick with asbestos dust.
Diagnosis
Ken was diagnosed with lung cancer in 2015 after suffering with a chesty persistent cough and coughing up blood. Ken underwent an upper right lobectomy which to date has resulted in no further recurrence of the lung cancer. He has been restricted from taking part in activities such as swimming and golf as a result of his condition as he now suffers with breathlessness and is only able to undertake light activities.
Making a claim
Ken instructed Boyes Turner’s expert mesothelioma and asbestos claims solicitors to investigate whether or not his lung cancer was related to his exposure to asbestos dust. The team obtained a report from an expert asbestos disease respiratory physician who concluded that Ken’s exposure to asbestos dust was likely to be the cause of his lung cancer and were it not for his asbestos exposure he was unlikely to have gone on to develop lung cancer. This was important as although Ken was heavily exposed to asbestos dust he was also a smoker.
However, because Ken’s exposure to asbestos dust had more than doubled the risk of him developing lung cancer as opposed to just the smoking alone, we were able to go on to secure a successful settlement on behalf of Ken.
Settlement
Ken’s case was settled for around £147,000. A deduction was agreed to his damages to account for his smoking history which had also contributed to his diagnosis of lung cancer. Ken opted to settle his claim on a full and final damages basis and he was therefore compensated for the future risk of him developing another asbestos-related disease
For further information about claims for mesothelioma, please contact the mesothelioma and asbestos claims team by email at [email protected].
