£170,000 for widow of former factory worker who died of mesothelioma during claim
Andrew Morgan secured £170,000 in compensation for the widow of a former factory worker who tragically died from mesothelioma more than 60 years after a brief period of asbestos exposure.
In 1961, Ian* worked for just one month at the Cape Factory in Barking. During that time, he was on the production line next to where sacks of asbestos were emptied and spread out continuously throughout the day. Ian and his colleagues did not wear masks, nor were they warned of the dangers of working with asbestos.
Decades later, in 2023, Ian fell ill while on holiday. Hospital scans revealed fluid on his lungs, and following further investigations, Ian was diagnosed with mesothelioma. He commenced immunotherapy, but unfortunately did not respond well to the treatment and was hospitalised. He was then given chemotherapy, which left him frail and dependent on at-home carers for daily living.
Ian instructed Fieldfisher in a personal injury claim against his former employer for asbestos exposure at work. Due to his declining health, the team went to Ian's home to take a detailed witness statement and obtain his HMRC employment history.
It was clear there was a case to answer, and a letter of claim was issued. The Defendant acknowledged the claim but sought further documentation, including a medical report and witness statement. Andrew and team instructed a consultant physician to provide an expert report on the consequences of Ian's asbestos exposure.
The expert confirmed that Ian was suffering from malignant mesothelioma and that his exposure to asbestos at the Cape Factory had materially increased the risk of him developing the disease. He concluded that had Ian not developed mesothelioma, his life expectancy would have been 5.9 years, rather than the months he now had left.
Ian’s wife was then hospitalised for cancer treatment, and Ian, who could no longer care for himself, was also admitted. While his wife was later discharged, Ian’s condition deteriorated further, and he was moved to a nursing home. Sadly, he died the day after the move.
Ian's widow and executor of his estate continued the claim after his death. Despite her own serious illness, she provided a detailed witness statement, and her medical records were obtained to support the claim.
The Schedule of Loss prepared included past care, services provided, funeral expenses, income and services dependency, spousal services, and miscellaneous expenses, totalling £224,834.00. The Defendant made an initial offer of £160,000. After negotiations, the matter was settled on 7th March 2025 for the sum of £170,000, which was accepted on behalf of Ian’s widow.
The damages secured provide some measure of justice for Ian’s death, and financial support for his widow at an incredibly difficult time.
After the settlement she said to Andrew and the team: "I thank you once again for all your hard work with such an amazing result."
*name changed
Contact us
For further information about mesothelioma compensation claims, please call Andrew Morgan on 0330 460 6737 or email andrew.morgan@fieldfisher.com.
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