Deadly asbestos brought home on husband’s clothes

Before developing mesothelioma, Mrs H was an active and lively 82 year old woman. She was sociable and enjoyed meeting her friends and regularly travelled to Greece on holiday.

In the Summer of 2007 she noticed that she was becoming breathless and felt unwell. She visited her GP and fluid was found on her lungs. Over the course of 2-3 months further tests were carried out which revealed, in November 2007, that Mrs H has pleural mesothelioma.

Her consultant explained to her that mesothelioma is cancer of the lining of the lung. Mesothelioma is caused by asbestos fibres which have been inhaled by the sufferer at least 10 years, and typically, 30 – 40 years before symptoms begin to manifest themselves.

Mrs H’s son, Philip, contacted John Pickering and Partners LLP about making a claim for compensation. He spoke to a qualified solicitor and an appointment was made for the solicitor to visit Mrs H at her home that same afternoon.

Upon speaking with Mrs H and her son it became clear that she might have been exposed to asbestos through her previous employment and also through washing the clothes of her late husband.

Details were taken about Mrs H’s previous employers as well as the nature of her late husband’s work. The late Mr H was a labourer for a large building contractor which is now known as Amec Building Limited. He worked there from the late 1940s until the mid 1970s. Mrs H used to wash her husband’s overalls each evening and was exposed to the dust and debris which was on them.

After that first meeting, we made a number of enquiries into both our client’s and the late Mr H’s employers and whether either of them were likely to have come into contact with asbestos.

Mrs H had worked at various places including a hospital in Manchester. Initially she didn’t recall asbestos exposure. We gathered witness evidence which suggested that asbestos was used in the construction of a lift shaft at the hospital. This jogged our client’s memory and a potential case started to emerge.

Simultaneously we worked on finding more details about Amec Building Limited. We had previously brought a case against them for another client and he was contacted and asked questions about the nature of the work carried out by Amec’s labourers. The witness recalled our client’s husband and confirmed that Mr H came into contact with asbestos and that dust would have accumulated on his clothing.

Given that Mrs H was regularly washing her husband’s work clothing, it is likely that she was exposed to asbestos from them. However, ‘secondary exposure’ cases are not straightforward. The duty of care owed to the victim by the defendant is not as onerous as that owed by an employer to their employee. In some circumstances a defendant can argue that they fulfilled their obligations to the victim. It is much harder for them to succeed with this argument in an employer – employee case.

Once we had gathered as much evidence as possible, it was clear that a case against Mrs H’s former employer probably wouldn’t succeed, the witnesses were not in agreement about some important elements of the work which was carried out at the hospital. Therefore, it seemed much more probable that it was washing her husband’s clothes which had caused her mesothelioma. If successful, Mrs H would still get the same amount of compensation as had we pursued all possible defendants.

We issued court proceedings in late May 2008 and a trial date was fixed for 8 July 2008. Amec Buildng Limited admitted liability and an interim payment of damages of £47,000 was made to Mrs H. The defendant then offered £83,000 (including the interim payment) to settle the claim and after some negotiation the case settled for £98,000.

Given that her income is relatively low and that she is of advanced years, this was an excellent financial result for Mrs H.

Comment: This was a case that really had to be built up by using extensive investigation. Mrs H wasn’t able to furnish us with a very detailed picture of the environments in which she worked. This is not a criticism, it is typical of someone who worked hard and concentrated on her job and, given the passage of time, it is unsurprising that some of the detail was lost. Importantly, Mrs H was able to recall the names of those who worked with her. Evidence was gathered from them and Mrs H’s memory was jogged and she was able to remember more.

Evidence about Amec was also sourced. The witness who provided details of the late Mr H’s work proved invaluable as he confirmed post October 1965 exposure to asbestos and the lack of precautions taken by the defendant. Our client and her son were able to provide clear details regarding the frequency and intensity of her exposure to asbestos.

Even though this was not a ‘straightforward’ claim, settlement was still obtained within 7 months of first instruction.

It’s a case that demonstrates that even if a mesothelioma victim does not recall working with asbestos themselves, they should contact John Pickering and Partners LLP for a discussion about making a claim. There is nothing to lose by doing so.

Mrs H made these comments:

I found Ryan very polite and helpful. He took time to explain what was going on at each stage and handled the whole thing quickly and efficiently.

Philip H made these comment:

I can offer nothing but praise for John Pickering and Partners in general and Ryan O’Hara in particular. In less capable hands this could have been a protracted and difficult experience but, due to Ryan’s professional and personal skills, the whole process proved to be completely stress free.

About John Pickering and Partners LLP- Specialist mesothelioma compensation solicitors.

John Pickering and Partners LLP is a niche legal practice that has represented Claimants in the leading asbestos "test cases" in the last ten years. The firm represented Sylvia Barker in Barker v Corus (UK) Plc, a case that highlighted the legal tactics of employers and insurers trying to cut back their compensation liabilities to mesothelioma sufferers, and which prompted the amendment of the Compensation Act 2006 to ensure full compensation for mesothelioma claims. The firm represented two of the three Claimants in the Fairchild appeal, in which the insurance industry tried unsuccessfully to block compensation altogether for mesothelioma sufferers unable to identify which of two or more sources of asbestos exposure had caused their illness.

The firm represented Alice Jefferson, a mesothelioma sufferer, whose illness and compensation claim against Cape Asbestos were featured in the important documentary "Alice: A Fight For Life."   Shown by Yorkshire Television in July 1982, the programme was an important catalyst for legal change and public awareness of the plight of the victims of asbestos.

If you need advice about an asbestos related illness, contact us now for information about making a claim for compensation

Ryan O’Hara
John Pickering and Partners LLP
20 Clare Road
Halifax
HX1 2HX

Tele: 01422 345535
Fax: 01422 438500
Email: ro@johnpickering.co.uk