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Case Study

Interim payments funded immunotherapy for builder as mesothelioma case progressed

Dushal Mehta was instructed by Mr P to bring a claim following his diagnosis of mesothelioma. Mr P was exposed to asbestos working for two employers in the building industry in Sevenoaks - Tertian Ltd throughout the 1960s and T Jack Ltd from the late 1960s to around 1977.

Mr P's job was to cut asbestos/asbestolux sheets using a handsaw, often as insulation for boiler house doors in new builds. Neither employer ever warned Mr P of the dangers of exposure to asbestos.

Following instruction, Dushal notified the defendants' insurers of the claim and gathered the necessary evidence to prove that Mr P had been negligently exposed to asbestos, and that this had caused his illness. Dushal quickly obtained an admission of liability from both defendants and early interim payment of £50,000.

As the case progressed, Mr P began immunotherapy treatment for which Dushal sought further funding from the defendant. Even though the case had not yet concluded, the defendants agreed to release funds for treatment. Court proceedings were issued against both defendants to ensure payments were released promptly and that there was no disruption to Mr P's treatment. The defendants continued to fund the immunotherapy up until Mr P sadly died.

The mesothelioma claim continued on behalf of Mr P's estate and his widow, and Dushal collated evidence regarding care the family had provided to Mr P and also their dependency on him around the home for DIY and also his pension income. The claim was due to go before a judge to decide final damages, but Dushal settled the case for £400,000 just weeks before trial. This was a great relief to the family.

Upon settlement of the claim, Mr P's widow said:

"I would like to thank you for all your help and support during our claim. You have made it easier for us to see it to its conclusion. I am sure Mr P would have been reassured with the outcome, and that it has finally settled. With my grateful thanks."

Contact us

For further information about mesothelioma claims, please call Dushal Mehta on 03304606751 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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