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Case Study

Failed by previous solicitors, mesothelioma victim Bill Jenkins secures £103,000.00

In 2003 Mr Jenkins was diagnosed with pleural plaques and at the time he had wanted to instruct Fieldfisher to investigate his claim for compensation. However, he was referred to another firm of solicitors.

He recalled being exposed to asbestos whilst working for a company called Anderson Construction Company Limited.  He had worked for this company between 1969 and 1972. During that time, he carried out a lot of work on ceilings which were made of asbestos. He worked with asbestos tiles which he had to drill into and he also regularly cut the tiles to size. He was not warned of the dangers of asbestos or given a mask to wear. He was not exposed to asbestos in any other employment.

His claim for pleural plaques was not resolved by his solicitors, despite offers being made by the insurers for Anderson Construction. Whilst his claim was ongoing there was a challenge being made through the Courts by the insurance industry which if successful would have resulted in compensation no longer being paid for pleural plaques victims. At the same time, the insurers were making offers to Bill (through his solicitors) which he should have been advised to accept and their failure to advise him properly meant that when the law changed he was left with no compensation for his condition.

Sadly, Mr Jenkins was also not advised by his solicitors that after the law had changed the Ministry of Justice had put in place a mechanism by which pleural plaques victims who had commenced their claim before the change in the law could recover a one-off payment of £5,000 from the insurance industry.  His previous solicitors failed to advise him of this scheme (which was set up in 2010).

After the pleural plaques diagnosis, Mr Jenkins continued to suffer with a number of difficulties, particularly with his digestive system.  He repeatedly went to see his GP and also his consultant at the hospital.  He was investigated for various conditions including diverticulitis and Crohn's disease.  His health professionals were unable to get to the bottom of his symptoms and could not make a firm diagnosis.  He suffered with symptoms of abdominal pain, nausea and vomiting for a number of years.  These bouts of illness lasted for 7-10 days during which time Mr Jenkins was bed-bound.  The symptoms severely affected his day-to-day life.

It was only in August 2015 that he was eventually given the diagnosis of peritoneal mesothelioma. Following his diagnosis he instructed Dushal Mehta of Fieldfisher to pursue his claim. His claim was immediately notified to the insurers for Anderson Construction. An urgent medical report was obtained and Mr Jenkins' witness evidence and the medical evidence was served on the insurers. Despite having investigated liability when Mr Jenkins previously brought his claim for pleural plaques, the insurers for Anderson Construction delayed progressing Mr Jenkins' claim despite his terminal illness. Dushal promptly issued Court proceedings in the High Court and at the initial Case Management Conference he arranged for the case to be set down for a speedy trial to be heard in July 2016. 

Dushal was able to secure a settlement for Mr Jenkins three weeks before the final hearing in the sum of £103,000.00.  This settlement included the cost of the caravan which Mr Jenkins and his wife had purchased following his diagnosis as he was unable to travel abroad, something that he and his wife had thoroughly enjoyed prior to his diagnosis.  The cost of the caravan was recovered as part of the claim.

At the end of the claim Mr Jenkins said the following:

"Dushal Mehta of Fieldfisher, is very knowledgeable, informative and professional in Mesothelioma claims. From our first meeting in my home he provided a first class service which I cannot fault during the most horrific stage in my life, thank you."

Contact us

For further information about mesothelioma claims, please call Dushal Mehta on 020 7861 4033 or email dushal.mehta@fieldfisher.com.

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All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee.

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