Our client:                             Mr M
Against:                                 VSEL (BIRKENHEAD) LTD

Mr M was exposed to asbestos during his previous employment with the Defendant (previously called Cammell Laird & Co (Shipbuilders & Engineers) Limited) as an apprentice joiner and then joiner/setter at their shipyard in Birkenhead, Wirral.

He developed diffuse pleural thickening as a result of this asbestos exposure.   He initially suffered from fluid on his lung (pleural effusion) and his treating doctors were concerned that his condition could be malignant.

During discussions with one of his consultants, a lung cancer specialist nurse was also present and Mr M became extremely concerned and anxious.  He was warned that he could have a malignant disease called mesothelioma.   He was aware that this condition would be terminal and untreatable.  He underwent various investigations and biopsies were taken.  He had an extremely anxious and difficult wait over the Christmas holiday period to find out the result. 

Initial biopsies were inconclusive and he had to have more invasive procedures to clarify his diagnosis.  He was eventually informed that he had diffuse pleural thickening rather than mesothelioma, but that his doctors could not be certain that he did not have mesothelioma until more time had elapsed. 

He worked as a construction-training manager, which involved training young school leavers to carry out joinery/carpentry work. Although he worked in a supervisory role, his job was very hands-on and he was involved in physically demonstrating the work, carrying tools, timber, etc, and generally assisting with operations in the workshop.   He struggled to carry out physical aspects of his job due to his asbestos related disability and the dust in the workshop exacerbated him.   He was forced to give up work in December 2004 and has been unable to return to work or find alternative employment since then. 

We obtained supportive medical evidence and commenced Court proceedings.  Our medical expert confirmed that Mr M was suffering from diffuse pleural thickening which was causing him 20% respiratory disability.   The Defendant obtained evidence from their own medical expert who agreed that Mr M had 20% respiratory disability but attributed half of this to diffuse pleural thickening and the rest to a smoking related condition called chronic obstructive pulmonary disease (COPD) and obesity.   However, our client was within the normal body mass index (BMI) range for his height and weight and had never been diagnosed with any smoking related conditions previously.   He was a very light smoker who had stopped smoking many years ago.

On the basis of our medical evidence, a claim for past and future loss of earnings was made as well as for loss of congenial employment.   Mr M had re-trained to work as a construction-training manager from his previous occupation as a joiner.

He had put in considerable effort to re-train, including attending various night classes, to gain additional professional qualifications.   He enjoyed his work immensely and took a great deal of satisfaction in training young people for the job market.  Damages were claimed as a result of this loss.

The Defendant argued that he was not incapable of carrying out his employment as a result of asbestos disease but due to other health problems.   We pressed on with the case, issued Court proceedings and proceeded towards trial.

Just a few weeks before trial, the Defendant made an offer of £30,000 which basically consisted of compensation for pain, suffering and loss of amenity with no award for loss of earnings, loss of congenial employment or loss of his inability to carry out DIY and other services.  This offer was immediately refused. 

The Defendant made a further offer of £135,000 about 3 weeks before trial.   This offer was refused.  A further offer of £140,000 was made and after further negotiations, the Defendant’s improved offer of £142,500 was accepted.   The case settled 2 days before trial.   The award of £142,500 was a gross offer from which Mr M must give credit for Government benefits that he has already received.   Nevertheless, he will still receive a substantial award of damages in his hand that will compensate him for his loss of past and future earnings.

Mr M was very pleased with the settlement and commented:-

“I would like to thank Kevin Johnson for his help and support……The settlement I received makes up for my loss of employment, but my health will never get better.”

John Pickering and Partners LLP- Specialist asbestos 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.

Further information:

Kevin Johnson, Partner
John Pickering and Partners LLP
19 Castle Street
Liverpool
L2 4SX

Telephone: 0151 227 1214
E-mail: kj@johnpickering.co.uk
Website: www.johnpickering.co.uk
FREEPHONE: 0800 854201