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Law Bulletin - August 2007

Speedy settlement in mesothelioma case

Where we are instructed by claimants who are still alive but suffering from the fatal condition of mesothelioma, then we have to act very quickly indeed. A recent case illustrates this. The claimant was a Polish National who served in the RAF and was employed by Turner Brothers in Trafford Park in 1947 having been told that he would not be allowed to stay in the country unless he gained employment.

He was employed by the company until 1979. He developed mesothelioma as a result of exposure to asbestos fibres and dust. His claim was one of the first to be processed by the T&N Asbestos Trust Company that processes payments from the UK Asbestos Trust and / or the EL Scheme Trust which was set up following the High Court’s decision in October 2006 to sanction a scheme to make payments to employees of T&N, many of whom had waited years to be compensated.

The case was settled for £67,690 within eight weeks of instruction.

Pleural thickening award

The claimant who was 62 years old and had a history of exposure to asbestos over a period of about 7 years in the 1960s. He was diagnosed as having pleural plaques and pleural thickening. The claimant was an active man and the injury had affected his hobby of walking. A provisional award of £18,000 general damages was made on the basis that the claimant would not develop any further injuries. The Judge said that, in the event of the claimant developing further injuries, injuries from the date of trial to the date of returning would be assessed at a future hearing.

Leeds County Court, 21 June 2007.

Settlement in psoriatic arthritis case

The claimant suffered injuries to a knee and thigh when an electric truck skidded on oil and grease. Liability was admitted.

The injuries did not appear to be particularly serious but the claimant developed a disabling condition called psoriatic arthritis, which affected his wrists. Evidence was obtained from a dermatologist and a rheumatologist supporting the link between his condition and the trauma of the accident. The medical experts established that the claimant suffered from psoriasis and that the trauma provoked the onset of the psoriatic arthritis. A negotiated settlement was achieved before trial of £90,000.