Mr P was employed at Dungeness Nuclear Power Station between 1981 and 2003 (part of Magnox Limited). Some years later he was diagnosed with mesothelioma and was informed that this was likely caused by exposure to asbestos during that employment. However, the case was challenging as Mr P had no specific memory of encountering asbestos whilst at the power station.
Oliver Chapman, specialist industrial disease lawyer, was instructed by Mr P to try and ascertain how Mr P was exposed to asbestos and to see if he could bring a successful claim. We suggested that Mr P contact witnesses and Oliver undertook significant research to identify areas within the power station where asbestos was documented to exist. Through exploring his roles in detail, firstly as a cleaner and secondly as a plant attendant, we identified a number of potential incidents of asbestos exposure.
This enables Oliver to successfully argue that Mr P had been exposed to asbestos dust in the following ways:
- When using a shovel to scoop significant quantities of asbestos dust and debris in the plant’s foundation block in 1981.
- When sweeping asbestos dust on the floor of the turbine hall from July 1981 to February 1982.
- When inspecting and servicing static fire fighting equipment and fire extinguishers in close proximity to asbestos lagged generators, turbines, boilers and pipes between 1982 and 2003.
- When inspecting asbestos fire blankets between 1982 and 2003.
- When taking water samples from the deaerated turbine alternator water storage tanks, which were asbestos lagged, between 1982 and 2003.
- When taking water samples from the boiler, which were asbestos lagged, between 1982 and 2003.
- When taking water samples from the water treatment plant, in close proximity to asbestos lagged pipes, between 1982 and 2003.
- When handling asbestos covered overalls whilst working in the plant’s laundry in the mid to late 1990s.
- Generally inhaling asbestos dust and working in an environment from which many tonnes of asbestos were later removed during the decommissioning process.
We obtained several statements from Mr P’s colleagues who described significant asbestos exposure.
The defendant did not formally admit liability, but having drafted a schedule of loss, Oliver successfully negotiated an out-of-court settlement of £177,000 for Mr P.
Mr P’s case was unusual in that he had a very slow growing form of mesothelioma meaning, by the time he instructed us, he had already exceeded average survival time. Oliver acted swiftly for Mr P, meaning Mr P was able to benefit from the compensation during his lifetime.
Oliver Chapman specialises in mesothelioma claims. If you would like to speak to Oliver about a potential mesothelioma claim, or any query about personal injury, please contact him at Thomson Snell & Passmore solicitors on 01892 701234 in confidence.