Case Study: Industrial Exposure to Asbestos
Asbestos is a group of naturally occurring silicate minerals made up of microscopic fibres. For much of the 20th century, asbestos was commonly used in industrial products and played a key role in factories, power stations and construction, as the mineral offers heat and chemical resistance.
Mesothelioma is an aggressive form of cancer, develops in the lining around the lungs and is almost certainly caused by exposure to asbestos. Mesothelioma symptoms can take 30 to 40 years, sometimes more, to present after asbestos exposure. Symptoms can include chest pain, shortness of breath and fatigue, which can easily be mistaken for a less serious illness. Regrettably mesothelioma has a fatal prognosis, although there is continuing research and medical developments to improve and delay the onset of symptoms and lengthen life expectancy.
At Rogers & Norton, Director and Head of the firm’s Personal Injury Team Mark Hambling has acted for many industry workers, often from other areas of the country who have since retired for a peaceful and tranquil retirement in Norfolk. Mark and his team have acted in cases involving electricity generating boards, factory workers and construction workers who used asbestos as the material of choice in construction projects.
To highlight the seriousness of industrial exposure to asbestos and how we can help, we have provided a real-life example where one of our clients was diagnosed with Mesothelioma. The client (who we have set out below, but not used his real name) instructed Head of the firm’s Personal Injury Team Mark Hambling to pursue a personal injury claim upon his diagnosis. The client and his family also instructed Director and Head of Private Client Laura Rumsey to prepare his Will and Lasting Power of Attorney.
Case study: James
James relocated to Norfolk with his wife (who had since sadly passed away) following a former colleague’s recommendation of good work and a more relaxing lifestyle in Norfolk.
In January 2021, at the age of 76, James was diagnosed with Mesothelioma having experienced shoulder pain and shortness of breath. James instructed Mark to pursue a personal injury claim on his behalf and instructed Laura Rumsey to prepare his Will and Lasting Power of Attorney. At the point of his diagnosis, James had an active lifestyle and often helped his daughter (who had her own health issues) with home maintenance and taking her to hospital appointments. He enjoyed attending history groups in Norwich and had developed a good circle of friends following the loss of his wife some years earlier.
Mark and Laura met with James on a number of occasions between January – June 2021 and witnessed first-hand how quickly James’ health deteriorated, to a point where despite the strongest of pain killers he could not cope with the pain. Mark comments that he noted that James would wrap a belt round his chest to try and stop chest movement as the medication just did not help.
James suffered significant level of pain with a swift deterioration and sadly passed away in July 2021. His life was taken far too soon by this historic exposure to asbestos during his employment both before and subsequent to his move to Norfolk, working as a carpenter in industry.
The personal injury claim succeeded on the basis that the former employers of James should have known of the risks posed by the asbestos being used, cut and heavily polluting the workshop areas where James was working. Commenting on the evidence, Mark notes that as is so often the case James and the witnesses give a history of a workshop thick with dust and no ventilation. “When the sun shone through the windows, you could see the air thick with asbestos dust” but the employers took no steps to prevent the exposure to the asbestos dust. The workshops where James worked were often thick with asbestos dust and he would cut and saw with no appropriate dust extraction or masks. The employers should have known the risk but did not train or warn or protect their employee from the risks.
We were able to locate the insurers of the employers who exposed James and despite the exposure between 50 -55 years ago, pursue successful claims against the insurer who provided cover at the time.
James died and we settled the claim on instruction of the estate as the right of action vest in the estate on death. We were also able to secure claims under the Fatal Accidents Act 1976 for funeral costs and dependency. We recovered a substantial award to reflect the uncontrolled pain James suffered, his funeral costs in full, an amount for his lifetime care (both purchased commercially for and given by his family) and an amount to reflect the support he would have given to his daughter, as well as the birthday and Christmas gifts he would have continued to provide his family, but for his life being cut short by the awful disease of mesothelioma.
In James’ Will he had appointed his daughter to be the sole executor but due to her own health she found it too difficult to act as executor, so the family instructed Bruce Faulkner, Managing Director at Rogers & Norton to act as professional executor and deal with the estate administration on their behalf.
No one will ever bring back James. It is wrong that the exposure happened as we know it did in the late 1960’s-1980’s and whilst we can never bring the person back, we can at least help those left behind.
As lawyers who specialise in certain areas of the law, it is possible to work together on matters and carry out joint meetings with the client to save time and legal costs. With this particular case both Laura and Mark met with the client together on numerous occasions, enabling them to share information and deal with matters more efficiently. As Bruce Faulkner, Managing Director at Rogers & Norton acted as professional executor and dealt with the estate administration on the family’s behalf, this took away any stress or pressure from dealing with the legal process when ultimately James’ family were in the process of grieving.
”I just wanted to pen a personal thank you for sorting Dad’s claim. Would you please thank Bruce for overseeing our case. I’m sure my dad would have been pleased with getting the claim ‘past the post!’ A sad end to a kind man’s life but at least I feel that I have gotten as much justice as possible in this situation.”
James’ Daughter.
Rogers & Norton’s talented and knowledgeable Personal Injury team have many years’ experience handling industrial disease cases. For more information, visit our Personal Injury service pages or to arrange an appointment please contact us by calling 01603 666001 or emailing admin@rogers-norton.co.uk.