Article

Mr B - from the TS&P case book

Mr B worked as an electrical fitter for London Underground between 1957 and 1972. He, in fact, spent his entire career at Greenwich Power Station where he was frequently exposed to asbestos dust generated by the removal of lagging from pipes. Shortly after his retirement he started to suffer shortness of breath and later chest pains. He was referred by his general practitioner to hospital and a diagnosis of malignant mesothelioma was subsequently made and he was referred for radiotherapy.As the claimant had been exposed by only one employer, which fortunately was still trading, we were soon able to contact the defendant. Liability was admitted subject to proof of the claimant’s work history and medical diagnosis. Within a month the defendant had made an interim payment of £40,000. Thereafter TS&P served a condition and prognosis report from a consultant chest physician and a schedule setting out the value of the claim. The defendant disputed a couple of details in the physician’s report with him and following clarification we put forward an offer of settlement which the defendant accepted.

The whole case from notification of the claim to settlement took less than six months.

Comment

The case provides a good illustration of the urgency and potential for early settlement of mesothelioma cases. This was achieved in this case largely because the claimant had been exposed to asbestos by only one employer which meant that there were no disputes as to apportionment of liability between defendants insurers. The defendant was also a large company still trading which is often not the case. The defendant’s solicitors also dealt with matters very efficiently and made a large voluntary interim payment in accordance with the standard directions of the High Court for mesothelioma cases where an admission of liability has been made. This provided the claimant with an opportunity to enjoy an enhanced quality of life for the short period before his terminal decline and also considerable peace of mind which we have found is often at the forefront of victims concerns. Sadly the claimant died only a short while after the settlement.

For further enquiries please contact Peter Flory (view full profile) on 01892 701323 or email pflory@ts-p.co.uk.

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