Asbestos claim win for 91 year old shows asbestos has no sell by date
Corries hard working asbestos claims team have won five figure compensation for a 91 year old man exposed to asbestos in the 1940’s. Read here how we helped a man with a case that might help others affected by asbestos.
Corries are leading asbestos claims lawyers. No one works harder for you. call us FREE on 0800 083 7839 to see if we can help you.
Asbestos claim – the background
Our client Mr H approached us in 2019. He had been told two years earlier than he had got early signs of asbestos disease.
In this case that what was of particular interest was that Mr H was 89 years old when he first approached us. Our firm has won many cases for older men like him as can be seen here https://www.corries.co.uk/cape-asbestos-claim-win-may-help-older-victims-exposed-to-deadly-dust/
Mr H was born in 1929 and was brought up in Northumberland. Firstly he went to work at the Swan Hunter shipyard on New Years day in 1944 when he was 14 years old. He served an apprenticeship repairing oil tankers and other vessels.
In his work for the next seven years Mr H would have to cut away asbestos to get to pumps and ripping off using his bare hands releasing clouds of the deadly asbestos dust and fibres.
He carried on doing this work until 1951. He served two years of national service and upon returning to civilian life in 1953 he went to work in coal mines.
Mr H had been a professional footballer from a young age and after his national serviced moved to Lincolnshire to continue his football career playing for Lincoln city. He previously played for Newcastle United before his national service.
Whilst working in Lincoln he went to work for various companies before finishing his working career as a prison officer.
Asbestos claim -medical dilemmas
A key message that we often stress is that asbestos does not have a sell by date. Typically asbestos can can lay dormant in the body for many years. In most cases it can develop into disabling disease many years later.
In spite of his problems Mr H’s lungs were actually in reasonable shape. Obviously he had kept himself very fit in his younger life. That fitness was helping to keep him alive and keep well.
The doctors found damage on his CT scan. However they struggled to see that he was at all disabled by any asbestosis in his lungs.
Asbestos claim – improving the case
Mr H’s case presented two difficult issues.
- Firstly his exposure to asbestos was very early on when the dates of asbestos were not readily know to smaller industries and;
2. Secondly to prove that he was actually disabled at all.
We undertook a great deal of research. Our team noted that the shipyards were at the forefront of research into asbestos exposure. Our view is that notwithstanding this early exposure the shipyards could have or should have done more to protect him. The case was put to the defendants in those robust terms.
The medical aspect
Proving that the claimant had disability was not easy. We had to very carefully go through his records over the years. Our team noted different touchstone points when we found he was becoming more disabled. In particular we had to then carefully go through all his medical history.
To prove such a claim medically we rely on:-
- Clinical presentation
2. Radiology
3. Lung function tests
Our team chose an experienced asbestos expert medical doctor. We worked with him on the three factors.
Eventually we got a medical report confirming that Mr H was between 1 – 10% disabled
Asbestos claim – then to the defendants
All of this evidence’s was put to the defendants. As we approach the three-year date of Mr H’s notification of asbestos we had to issue court proceedings.
The case was presented to the defendants in such a thorough and clear manner that the case was settled within four months.
Mr H has agreed five figure compensation for his condition and the defendants have paid Corries legal costs as well.
Case comment
Charlie Bradley specialist asbestos solicitor who won the case commented;
“I was really pleased to win this case for Mr H. His case proves that asbestos has no sell by date. I am handling an increasing number of cases for men who are into their mid-to-late 80s and beyond being affected by asbestos disease. These men had hoped that the scourge of asbestos had passed them. Unfortunately they are escaping this horrid curse.
This was a case with many issues. However even where people were exposed to asbestos before the usual cut-off date of 1965 I believe those cases should be fought. I have seen how the bigger industries knew of the dangers of asbestos. These dangers were clearly known about as early as the 1930’s.
Importantly not only does Mr h get some money but his case might help others. I am keen to help older victims of asbestos who should be given the dame rights as younger victims“
Can we help you?
If you or any member of your family has been affected by asbestos disease in the last three years then give our team a call. No works harder to get you the compensation and justice she deserve. Call us FREE now on 0800 083 7839 or e mail us at info@corries.co.uk