£500,000.00 damages for asbestos widow with Parkinsons disease

Alex Devoy was just 68 years old when he died an agonising death from mesothelioma, a terminal cancer caused by exposure to asbestos dust.  The High Court in London has recently awarded his widow, Carole Devoy, more than £500,000 in compensation after we successfully pursued a claim on her behalf against Alex’s former employers.

Alex had spent the majority of his working life at sea as an apprentice fitter for William Doxford from 1955 to 1959 and later as a ships engineer for Stuntbrand Line Limited (formerly Clan Line Steamers) from 1960 to 1970. 

Alex was fit and healthy prior to his diagnosis of mesothelioma on 1 August 2006.  He had retired from his employment as a chief engineer in the merchant navy in September 1999 and was enjoying an active retirement with Carole despite the fact she had been diagnosed with Parkinsons’s disease in May 1998.  In addition Carole suffers from a painful spinal condition and osteoporosis.  

At the time of his diagnosis Alex was told that he could expect to live 2 to 2 ½ years, sadly he didn’t even have six months.  Alex underwent radiotherapy and chemotherapy in attempt to buy more time but unfortunately the tumour spread to his brain and he died on 30th January 2007.

When Alex was diagnosed with mesothelioma he contacted us to pursue a claim on his behalf.  We used a specialist fast track court procedure to ensure that his case was dealt with as quickly as possible.  We travelled to meet Alex at his home in County Durham to obtain details of his employment and exposure to asbestos.  We also visited Carole at home following Alex’s death.  The claim was dealt with on a ‘no win, no fee’ agreement so Alex and Carole did not have to worry about the cost of pursuing the case.    

Neither of Alex’s former employers, who had exposed him to asbestos dust, denied they were responsible for causing the illness that killed him.  They agreed to make an advance payment of his damages in the sum of £47,000 but unfortunately Alex died before this money was received.  

The claim was then taken over by Carole who attended the High Court in London last month to give evidence.  Judge Reddihough heard detailed evidence on Carole’s medical conditions.    Carole told the court if her husband had been alive he would have continued to look after her and explained how close they were.  She described how Alex regarded his home as his castle after being away at sea for so many years and said he was always at home and on hand when she needed him. 

Carole told Judge Reddihough that before Alex became ill she was dependent upon him for most things.  He was her full time carer and companion. They enjoyed holidays abroad twice a year and every second or third month they travelled somewhere in Britain.  She said “When he was diagnosed my world just fell apart.  He must have worried about what would happen to me, but he never talked about it.  He didn’t want to accept it.”

Judge Reddihough paid tribute to Carole in his judgement saying “I am very impressed by the Claimant and her attitude to her disabilities.  She is a spirited and determined lady.  It is very clear that she and her husband when he was alive led as full a life as possible.  They did not let her disabilities get in the way of enjoying themselves and going on holidays.”

The Judge described Alex as “an attentive and devoted husband” and thought this was exemplified by his attitude to Carole’s diagnosis of Parkinson’s disease.  Carole had explained how she had told Alex that he did not have to stay with her because of her condition.  She recalled how Alex had told her not to be stupid and to put her engagement ring back on her finger.  They were married the following year. 

Judge Reddihough described Carole and Alex as “a very close couple who spent a great deal more of their time together than the average married couple.” He had no doubt that had Alex lived he would have devoted himself to Carole’s care to the best of his abilities.  He awarded Carole more than £360,000 for the loss of care and other services that Alex would have provided had he lived. 

Judge Reddihough also awarded £59,000 for Alex’s pain and suffering during his final illness, more than £20,000 for Carole’s loss of financial dependency on Alex’s income and £2000 for the “love and affection” that Carole was robbed of by her husband’s premature death.  In total Carole received £500,726.80 in compensation.

This was a particularly tragic case heightened by the fact that Carole’s first husband died of bladder cancer at the age of just 48 years leaving her a single mother to her two sons. 

Neil Fisher, a partner in our Manchester office, represented Carole Devoy.  He was amazed by her determination and courage throughout this legal battle.  He said “There has not been a case like this that has been reported.  Carole and Alexander were a devoted couple.  She lost much more than a spouse when Alex died.  He was at sea for much of his career so once he got home that’s where he wanted to be.  I am delighted that we have been able to secure Carole’s financial future and guarantee that she can pay for all the care and assistance she requires.”

Carole said “I had to fight for what I believe in and I hope other people will do the same.  Alexander was always there for me and it is very hard him not being here.  No amount of money will ever replace him.  It’s been a very hard time.  I just want to get on with my life now and start again”.

Further information:
Neil Fisher
John Pickering and Partners LLP
Old Exchange Buildings
St Ann's Passage
29/31 King Street
Manchester, M2 6BE

Telephone: (0161) 834 1251
E-mail: nf@johnpickering.co.uk
Website: www.johnpickering.co.uk
FREEPHONE: 0800 854201

John Pickering and Partners LLP- Specialist mesothelioma compensation solicitors

We are a specialist personal injury law firm.  We have been handling claims for industrial disease for over 30 years.  Most of our work involves acting for asbestos disease victims.  We only act for the sufferers of asbestos diseases and never act for the organisations that caused the asbestos exposure or their insurers.  We have an ethical approach and pledge to donate 10% of our net profits every year to good causes that help asbestos sufferers.  Click here to find out about our donations to good causes.  We have also been involved in most of the landmark judgments that shape this area of law.  Find out more about us or find out about our reported cases.  We are on the panels of several asbestos support groups and are ranked highly by legal guides.  Click here to find out more about what others have said about us.

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 mesothelioma and other asbestos disease sufferers and a prompt for important legal reform.

Mesothelioma is a type of cancer that affects the lining of certain bodily organs.  It most commonly affects the lining of the lungs (the pleura) but it can affect other areas including organs in the abdominal cavity (the peritoneum).

According to the British Lung Foundation, more than 2,000 people are diagnosed with mesothelioma every year in the UK and there is one mesothelioma death every five hours. The number of deaths from mesothelioma increased from 153 in 1968 to 1,969 in 2004 and is expected to peak at 2,450 between 2011 and 2015.

The British Lung Foundation, supported by John Pickering and Partners LLP, launched the first Action Mesothelioma Day on 27th February 2006, to raise awareness about mesothelioma, to improve the treatment and care of mesothelioma patients, and to lobby for better funding for research into mesothelioma and for the protection and education of people working with asbestos.

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

Has your asbestos solicitor told you you don’t have a case? Would you like a second opinion without obligation? 

Please ring freephone
0808 144 0959

John Pickering and Partners' Asbestos Brochure can be downloaded here (pdf)

If you are a solicitor who does not specialise in doing asbestos disease claims, please click here for further information, including details of our competitive referral fees.