Provisional damages settlement against Dewhurst Group Plc
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Case Study

Provisional damages settlement against Dewhurst Group Plc

A monochrome image of an industrial control room. The room is filled with large electrical panels, meters, switches, and labels. Overhead fluorescent lights illuminate the space, casting shadows on the floor.

Charlotte Thorpe acted for Mr O following his diagnosis of diffuse pleural thickening.

Mr O worked for Dewhurst and Partners, now known as the Dewhurst Group Plc, from 1956 until 1961/62. The company produced heavy electrical engineering control panels, used in lifts.

Mr O began as an apprentice covering different departments. In one department, he worked alongside colleagues cutting asbestos sheeting and other products, including Bakelite, using a circular saw most days.

He recalls the air was so thick was asbestos dust, he sometimes could not see through it. He could write his name in the dust collected on the ground. He was not given any personal protective equipment, nor was there any ventilation within his working area. Dewhurst and Partners never warned Mr O of the dangers of exposure to asbestos.

Mr O began feeling breathless and tired. Following hospital tests, Mr O was diagnosed with pleural thickening. He instructed Fieldfisher to bring a claim against his former employer.

Charlotte went to visit Mr O at his home to take a detailed statement from him regarding his work history and exposure to asbestos. Charlotte was then able to prove that Mr O had been negligently exposed to asbestos. Medical evidence collected for the claim concluded that the work Mr O had done for Dewhurst and Partners would have caused his illness.   

The evidence also showed that sadly he is now at risk of developing further asbestos-related illnesses, such as mesothelioma, lung cancer, and asbestosis.

Charlotte secured a provisional damages settlement for Mr O, which means a five-figure settlement has been agreed at this stage in relation to Mr O's pleural thickening. It also means that should he develop a further asbestos related illness in the future, he will be able to return to court and claim further damages from the Defendant.

This was a relief for Mr O as his future is now financially secure. He can pay for any care and equipment he may need immediately and also has the security that if his condition deteriorates and he is diagnosed with a further illness, which might require increased care or private medical treatment, he can return to court to claim for these additional costs.

Contact us

For further information about pleural thickening cliams or industrial disease claims, please call Dushal Mehta on 03304606751 or email dushal.mehta@fieldfisher.com.

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