Asbestos Pleural Thickening Dockyard Exposure – Provisional Damages
Mr B instructed James Walsh of GA Solicitors following a successful case for his brother who had previously been diagnosed with asbestos related pleural fibrosis and asbestosis. Both brothers had worked in Devonport Dockyard in the 1960s and 1970s where they were exposed to asbestos dust.
Mr B was a bosun’s labourer and had clear memories of particularly bad exposure to asbestos dust when working afloat HMS Eagle and HMS Ark Royal during their refits in the North Yard. He worked in the hangers, decks, boiler rooms, bulkheads, compartments and engine rooms. Much of his work was in and around the laggers who removed asbestos lagging from the pipes and bulkheads. Mr B would dispose of the asbestos waste onto skips on the dockside.
It took more than 40 years following the exposure for Mr B to suffer symptoms of breathlessness and to be diagnosed as suffering from asbestos induced pleural thickening. State related benefits were obtained and a case pursued against the Ministry of Defence.
Liability was admitted and an immediate award of £82,000 was agreed. Very importantly, this was agreed on the proviso that Mr B could return for further damages if his asbestos related illness deteriorated beyond 50% disability, or if he contracted asbestos related lung cancer or mesothelioma.
This was particularly important for the client as he lived alone and would potentially require considerable care if the disease were to deteriorate. A court order was obtained by GA Solicitors specialist asbestos team to secure the provisional damages order.
Mr Walsh has more than 20 years of experience dealing with asbestos litigation and is accredited by APIL as an asbestos specialist. He is currently the only APIL accredited asbestos expert west of Bristol and covers the whole of the South West including home visits to clients in Devon, Somerset and Cornwall. You can view his full website profile here.