Local authority settles £160,000 in carpenters mesothelioma claim | Fieldfisher
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Case Study

Local authority settles £160,000 in carpenters mesothelioma claim

Derek Rose worked for Birmingham City Council as a carpenter for 20 years fireproofing doors and cupboards with asbestos sheets.

Mr Rose said:

"In order to fireproof the cupboards and doors, I placed the asbestos sheets on a trestle and measured sheets to size.  I then used a hand saw to cut the sheets to size.  On occasion, from the late 1970s I used an electric power saw to cut the sheets to size, but the majority of the time I used a hand saw as there was normally not electricity on the building site and if I could I avoided using an electric power saw as this always created more dust than the hand saw. Cutting the sheets with a hand saw created a lot of dust, but the electric saws created even more dust. The electric saw created a breeze which threw the asbestos dust created from the cutting into my face and all over my work clothes.

"I was never provided with a mask when working with asbestos ... nor did they warn me about the dangers of working with or near asbestos ... and there were no special ventilation or extraction facilities in the confined areas I worked in cutting and drilling asbestos sheets."

After two decades of service Mr Rose retired in 1984 to live in the countryside with his wife and young son.

Almost 20 years later in 2013 Mr Rose began to experience extreme breathlessness and developed a very bad cough. Tests were carried out after he was rushed to hospital in March 2014 and was diagnosed with sarcomatoid mesothelioma. He sadly passed away in July 2014.

Mr Rose had instructed Fieldfisher when he was diagnosed with mesothelioma therefore Fieldfisher was able to continue the claim against Birmingham City Council representing his widow, Annie as the Executrix and dependant.

Birmingham City Council denied liability for Mr Rose's mesothelioma and court proceedings were issued at the High Court. Despite the denial Shaheen Mosquera negotiated a settlement of 160,000 for Mr Rose's widow.

Mr Rose's son, Mark said:

"Fieldfisher came highly recommended in asbestos and industrial injury claims.  Since first contact with Fieldfisher, me and my mother have had no regrets in asking them to pursue this claim.  I would like to thank Andrew Morgan, Alice Ketteringham and Shaheen Mosquera for their hard work and incredible professionalism.  We have felt this matter was in safe and professional hands.  It is a shame that my father is no longer with us to see the outcome. However, I know that wherever he is now, he will be happy knowing it has finally been settled and the money ensures financial security for his wife in her retirement. Thank you again for a satisfactory outcome."

Contact us

For further information about mesothelioma compensation claims, please call Shaheen Mosquera on 03304606817 or email shaheen.mosquera@fieldfisher.com.

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