Six figure settlement secured for spouse in mesothelioma dependency claim

Harry*, who was previously a carpenter, had been exposed to a significant amount of asbestos from 1969 to 1975 whilst constructing temporary office buildings and contracted work at Gatwick Airport. This was due to his employer's failure to provide Harry with a safe place and system of work.

But it was not until 50 years later that he began to show symptoms as a result of his occupational exposure to asbestos. At this time, Harry had become his wife's primary carer, since she suffered a severe brain injury the previous year. After experiencing shoulder pain and breathlessness while on a cruise in February, Harry underwent chest x-rays and histological examinations which confirmed malignant epithelioid mesothelioma in May 2019.

Due to Harry's tragic prognosis, his daughters brought a claim in June 2019 on behalf of his wife to compensate for the extensive loss of care she was to endure as a result of Harry's disease. Despite securing a judgement in June 2020 for the employer's breach of duty, Harry wished for the claim to be settled after his death, to maximise the damages available to his wife for her future care.

During the stay of proceedings, Harry continued to care for his wife to the best of his ability. Despite treatment attempts through chemotherapy, immunotherapy and radiotherapy, his condition continued to decline, and he became more reliant on his daughters to care for both himself and his wife. Sadly, Harry passed away in June 2022.

As the claim continued, the main concern was the value of compensation for his wife's future care. Expert care reports identified a large disparity between the parties' expectations for her care requirements. It was the client's case that she required a live-in carer to provide supervision and assistance on account of her vulnerability and pre-disposition to seizures. Meanwhile, it was the Defendant's case that she would be able to live independently and cope with a few hours of care per week.

It was ultimately established that the valuation of the damages should be on the care that Harry would have provided to his wife but for the mesothelioma. This meant that the fact that his wife had been living independently since Harry's death did not decrease the value of claim.

As a result, the client accepted the Defendant's offer of £300,000 to settle in December 2024, one month before the trial was due to commence. The court approved the settlement in February 2025, on behalf of his wife who lacked capacity.

From this sum, around £150,000 was attributed to his wife's future care. The compensation will enable the family to set up a care regime for her once they decide that she requires professional care. The compensation will allow care which meets her physical, mental, and social needs. 

*Name changed

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