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Provisional damages settlement for asbestos related diffuse pleural thickening claim

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Provisional damages settlement for asbestos related diffuse pleural thickening claim

Boyes Turner LLP were instructed by William following his diagnosis of asbestos related diffuse pleural thickening. William had been employed as a Fitter’s Mate for The Weldless Steel Tube Company Limited/T I Weldless Limited which became Seamless Tubes Limited between 1969/70 and 1978/79.

William describes that he was exposed to asbestos dust when removing and replacing asbestos seals and when removing and replacing asbestos lagging.

William suffered with a left sided pleural effusion in 2002/2003 which caused him some difficulty in breathing. However, it was not until much later in 2013 that he was informed that his pleural effusion may be related to his previous asbestos exposure. William was previously informed that his pleural effusion was as a result of an infection.

Annabelle Neilson obtained expert medical evidence from a General Physician with expertise in asbestos related diseases. The representatives for Seamless Tubes Limited also obtained their own medical evidence. The medical experts agreed that William had asbestos related diffuse pleural thickening. They confirmed that he suffered from other significant medical conditions including chronic obstructive pulmonary disease and osteoporosis with associated low back pain. The medical experts agreed that William was not prevented from undertaking any activity of which he would otherwise be capable, but that he probably took a little longer to accomplish some, or ceased activity slightly earlier and was a little more breathless when doing so.

Both experts then estimated William’s risk of developing mesothelioma, asbestosis and asbestos related lung cancer.

Annabelle issued court proceedings in William’s claim to progress his case as swiftly as possible. Settlement negotiations ensued with the representatives for Seamless Tubes Limited and settlement was agreed at £18,750.00 on a provisional damages basis two days before trial.

William instructed Boyes Turner that he wished to settle his claim on a provisional damages basis. This means that should he go on to develop mesothelioma, asbestos related lung cancer or asbestosis then he will be able to return to court for further damages.

A Provisional Damages Order is a bit like an insurance policy. It is there in the event that the worst case scenario occurs, but still compensates the individual for the diagnosis of their present asbestos related disease.

Both William and his wife were pleased to settle his claim for compensation without the need to go to trial. It is hoped that the money William receives will assist him with his current care requirements and I was pleased to reach a successful conclusion on behalf of William.

Written by

Laura Magson

Partner and Head of Asbestos Disease

Laura Magson, Partner and Head of Boyes Turner’s Mesothelioma and Asbestos Disease team.

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