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Mr K from the TS&P case book

Mr K was employed for many years as an HGV fleet vehicle fitter working with brake and clutch linings virtually every day until the 1980s. He had no idea that the asbestos in the brake linings was dangerous until the late 1980s when limited dust control measures were introduced by his employer.

Mr K developed mesothelioma, an asbestos related illness and sadly died. There was a substantial “Lost Years” claim i.e. the lost income he would have earned had it not been for the mesothelioma given his much shortened life expectancy. Prior to his mesothelioma he was very actively involved in sports and refereeing his local football team matches. He underwent radical lung surgery at Guys Hospital (L Lang-Lazdunski, Department of Cardiothoracic Surgery) and believed this would save his life. He refused to accept that he was terminally ill and said that he would “beat” his cancer. Dr Robin Rudd, the leading medical asbestos expert, was instructed and stated that “his employments materially increased the risk that he would develop mesothelioma”. It is now established, perhaps surprisingly, that asbestos in brake linings breathed in whilst replacing brakes is regarded as primarily non-hazardous. However it is the replacement and fitting of new brake parts being filed or rasped into shape that gives rise to potentially lethal amounts of asbestos. Brake dust litigation in the US against lining brake product manufacturers rages. One case resulted in the Jury awarding $53,500,000 damages (reported by the National Law Journal 2002). This litigation has caused much controversy and heated discussion among the brake industry, medical and other experts. In 2000, in the US, Larry Carley wrote an article “Asbestos Brake Dust is Still a Hazard”. This deals with the problems of asbestos brake removal and asbestos related diseases. A US NIOSH (US equivalent of UK HSE) report (1975) stated that “The present findings indicate that enough asbestos is preserved to produce significant exposures during certain brake servicing procedures”.

In 1970, in the UK, a Ford industry report stated - “Truck servicing - The standard is not exceeded during brake cleaning in the general atmosphere away from the immediate vicinity of the operation, but personal exposures in the vicinity do exceed the standard”. The Road Vehicles (Brake Lining Safety) Regulations 1999 state:- “These regulations prohibit the supply, possession for supply, and fitting of brake linings (and only brake linings) containing asbestos to a motor vehicle or trailer.” A full review of the existing brake dust literature was essential and a Consulting Engineer Bob Clark was instructed. Articles that came to light included “Abuse of Epidemiology: Automobile Manufacturers Manufacture a Defense to Asbestos Liability” by Egilman et al and a U.S. Claimant attorney’s perspective on a “friction products case.” The Egilman papers can be seen on the internet including “Corruption of the Medical Literature - A Second Visit” by Egilman et al AJIM (1998).

Mr K’s claim was pursued in the High Court “Mesothelioma Fast Track” and by way of Conditional Fee Agreement (“No win no fee”) funding. Sadly he died before the trial date. The claim was taken over by his family and was settled. Given the complexity of the issues consideration was given to instructing Leading Counsel - a most unusual step in an asbestos legal action. Due to the controversy, litigation involving fitters and brake dust asbestos exposure will no doubt continue here in the UK until there is a definitive judgment.

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

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