Thomson Snell & Passmore has secured compensation for a claimant who developed a rare form of mesothelioma (paratesticular mesothelioma) after being exposed to asbestos in a factory.
It is believed that Thomson Snell & Passmore are the only claimant solicitors firm in the UK to have dealt with this extremely rare type of mesothelioma claim.
It has been reported in literature that:
“…Paratesticular mesotheliomas are rare tumours with 223 cases described so far. The sole plausible causative factor so far ascertained in the pathogenesis of these tumours is asbestos, which however is found in only around 30% to 40% of such cases…” ¹
Our client had developed paratesticular mesothelioma after being exposed to asbestos while employed by British Belting & Asbestos Aviation, at their asbestos factory in Checkheaton, West Yorkshire. He was employed at the factory from 1961–1967.
During this time he was exposed to significant quantities of asbestos dust and fibres which he inhaled. He worked throughout the factory on various processes, including working with machinery which made belts for helicopters, asbestos brake shoe production, and threading bobbins of asbestos fibres. No protective equipment was provided for his use.
It was argued by our firm that at the time of the Claimant’s exposure the Defendants knew or ought to have known that the inhalation of asbestos dust gave rise to a foreseeable risk of injury to the Claimant. At that time, The Factories Act 1961 was in place and its laws, relating to asbestos exposure in factories, applied to the Defendant’s factory.
Thomson Snell & Passmore obtained a medical report for use in the claim, which explained that paratesticular mesothelioma tumours can have an unpredictable and aggressive profile.
The defendants admitted liability after shortly afterwards and the claim settled in February 2014 for £125,000 plus costs.
This claim follows another BBA employee claim which also had a favourable settlement for the Claimant (IC v BBA Aviation 02.09.2010)
¹ [“Paratesticular mesothelioma. Report of a case with comprehensive review of literature”; Bisceglia M et al; Department of Pathology, San Giovanni Rotondo, Italy; 2010]