Additional damages for client suffering second asbestos disease
Mr D originally brought a claim in 1993 against his former employer Thermac Insulation Ltd for compensation, after he developed pleural plaques. Mr D began working for the company in the 1960s as an apprentice insulation engineer or 'lagger'. He would pour raw asbestos fibres from large brown bags into drums, which threw up huge clouds of dust covering him head to toe in white dust 'like a snowman'.
He would then mix this with water by hand to form a paste which he would then deposit into buckets of 'Maggie' used to insulate pipes and boilers. Once he was a qualified lagger, he too would apply the Maggie to the pipes and boilers. He did this full time until he left the company in 1966.
Pleural plaques diagnosis 1992
Mr D had attended a chest clinic since 1985 for annual monitoring of his lungs. A chest X-ray flagged abnormalities and a CT scan confirmed he had pleural plaques - areas of thickened tissue that develop on the pleura and are exclusively caused by asbestos exposure.
Mr D was devastated to learn of his diagnosis, not least since he had witnessed colleagues die of asbestos related diseases. He contacted Fieldfisher and initially settled his claim in 1992. Fieldfisher lodged Court proceedings which secured his right to return for further compensation should he ever go on to develop another asbestos related disease listed in the Court Order.
Another CT scan in 2022 unfortunately diagnosed Mr D with pleural thickening of the left lung.
Natalie Amara instructed respiratory Consultant Dr Andrew Leonard to review Mr D's medical records and produce a report to the Court detailing the chances of the disease progressing into mesothelioma or other asbestos disease. A 10% chance of Mr D developing pleural thickening in the right lung in future was noted. Natalie then traced the relevant insurer and put them on notice of Mr Ds diagnosis and intention to claim for further compensation in line with the 1993 Court Order. She then transferred the proceedings to the asbestos list in the High Court.
The insurer made a reasonable offer of compensation, which Natalie increased by arguing that Mr D would not be able to return for further compensation again if the pleural thickening did affect the right lung since the original Court Order stipulated there was only one claim allowable per condition.
The insurers increased their offer which Mr D gladly accepted. Natalie will now ensure that Mr D again protects his right to return to the High court for a further award of compensation should he develop mesothelioma, asbestos lung cancer or asbestosis.
Mr D said "Thanks again for working tirelessly on my behalf and achieving the result that you did."
Contact us
For further information about mesothelioma and asbestos disease claims, please call call Natalie Amara on 03304607113 or email natalie.amara@fieldfisher.com.
Alternatively
- You can speak to our asbestos disease lawyers on freephone 0800 358 3848
- email us: personalinjury@fieldfisher.com
- Complete the short online enquiry form
All enquiries are completely free of charge and we will investigate all funding options for you including no win no fee.
