We recovered compensation for our client who developed lung cancer from exposure to asbestos.
Mr Arthurs was exposed to asbestos as a young man between 1952 and 1954. He was employed as a pipefitter by C A Parsons on the construction of power stations at East Yelland in Devon and at Shoreham, in Sussex.
C A Parsons installed high pressure steam pipes in the upper parts and roof sections of power stations. Mr Arthurs’ job involved working at heights to secure block and tackle for hoisting high pressure steam pipes into position.
Alongside him laggers worked to insulate ductings and pipes. Their work generated asbestos dust which contaminated Mr Arthurs’ working environment.
He also assisted the grade A welders in the precision welding of high pressure steam pipes. His job was to “cut back” excess lagging on the pipework to allow the welder to get access to the pipework underneath.
Mr Arthurs also applied and removed the copper heating coils. These were insulated with asbestos weave that was in a poor state so that it crumbled as he handled it and gave off dust which he inhaled.
Many years later, as a result of this exposure, Mr Arthurs developed lung cancer which was diagnosed in the course of other medical treatment. He underwent a lobectomy and follow up surgery which kept him away from work for a few weeks on each occasion.
Mr Arthurs was left with a feeling of breathlessness on exertion but some years have passed since the surgery, so the prospects look good.
Mr Arthurs instructed Andrew Morgan who took a full statement and was able to trace the insurers to make a claim.
Although it was intense, Mr Arthurs’ exposure occurred over a relatively short period of only three years. In addition the exposure occurred in the early 1950s, before the link between asbestos exposure and lung cancer had been firmly established.
Mr Arthurs also benefited from his early surgery which had effectively removed the risk of lung cancer.
Andrew issued proceedings for Mr Arthurs and obtained an offer of £60,000, which Mr Arthurs was delighted to accept.
Andrew Morgan says:
“Lung cancer claims can be very difficult and there is much legal uncertainty as to what the Claimant must do to prove his lung cancer was caused by asbestos exposure rather than anything else, but where there is heavy asbestos exposure it is certainly possible to prove such a case at trial.
"It is even possible to obtain compensation when the employer could not have known about the risk of lung cancer, as in this case, simply because the employer must have been aware that they were exposing their employees to some risk of injury to the lungs.”
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"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
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BTOG Conference 2018
Fieldfisher attended the 2018 British Thoracic Oncology Group Conference held in January 2018.