Mesothelioma settlement for labourer's widow years after asbestos exposure

Alan worked for Cork Insulation & Asbestos Company Limited and was responsible for loading the dumper truck with asbestos materials and delivered them to different areas around the power station in Kent.

He was not provided with a mask or any protective equipment and regularly handled asbestos materials that had been damaged and disturbed.

There were also pipes with preformed sectional lagging at the power station which were cut then fitted around the pipes. The asbestos materials were being cut to size with handsaws and other labourers were dry sweeping areas around the power station, creating a dusty environment.

Alan's health began to deteriorate following his diagnosis of mesothelioma and he required assistance with all his daily tasks, lost significant weight and experienced pain and breathlessness. He died at the age of 81.

Shaheen encountered some difficulties in this claim including the fact that Alan had been diagnosed with Alzheimer's disease and dementia in 2017, which reduced his life expectancy and exacerbated his mesothelioma symptoms.

Initially the defendant rejected Alan's evidence, claiming that his reduced memory from dementia meant his recollection of his time at the power station was not accurate. However, following an expert medical report that confirmed dementia tends to affect short-term memory rather than long-term memory, they accepted his statement.

An inquest was held and the Coroner determined the cause of death as mesothelioma (an industrial disease) because of asbestos exposure. While his co-morbidities were mentioned in the coroner's report, they were not considered a cause of death.

Shaheen was able to bring a successful claim years after the exposure to show on Alan's behalf that his exposure to asbestos while working for the company had ultimately led to his fatal contraction of mesothelioma.

Shaheen was able to recover significant damages due to the severity of Alan's symptoms following his diagnosis. Towards the end of his life, his wife provided care. This was pleaded by Shaheen to obtain a successful gratuitous care award, as well as awards for loss of dependency, hospice costs and funeral costs.

Alan's widow said: "I am very grateful for Shaheen Mosquera of Fieldfisher for dealing with my husband's case and the problems she dealt with.  I thank Shaheen for her professionalism and expertise which led to a successful outcome.  I would recommend Shaheen Mosquera."

*Name changed

Contact us

For further information about mesothelioma compensation claims, please call Shaheen Mosquera on 0330 460 6817 or email shaheen.mosquera@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. Find out more about no win no fee claims.