Mr M was 69 years-old when he noticed he was short of breath. His GP connected it to a previous diagnosis of atrial fibrillation and Mr M was not referred for any further tests. At a 70th birthday celebration in France, however, Mr M's breathing got worse and a doctor prescribed a nebuliser. Upon his return to the UK, Mr M's GP referred him for a chest X-ray which revealed fluid on the lining of his right lung. He was then given the devastating news that he had mesothelioma.
Mr M underwent a right thoracoscopy, multiple biopsies were obtained and talc was inserted into the pleural space. Mr M was also advised that he was a suitable candidate for the MARS 2 clinical trial and was admitted to Glenfield Hospital in Leicester for a right extended pleurectomy decortication – a major operation involving stripping of the pleura from inside the rib cage and around the lung. The tumour was removed from parts of his pericardium and diaphragm.
Mr M was very involved with the community, had been a councillor and had also worked as a magistrate for 25 years and was still working as a builder. Mr M and his then partner had bought a farmhouse in France a few years before his diagnosis and Mr M had been looking forward to refurbishing it and spending more time there.
Advisors from the asbestos charity, HASAG, visited Mr M at home and discussed his eligibility to benefits and advised him to seek legal advice regarding bringing a claim against his former employer, George Wimpey. Mr M had worked for Wimpey during the 1960s, specifically on new housing estates. Mr M instructed Shaheen Mosquera to investigate a civil claim against George Wimpey.
George Wimpey admitted liability and made an interim payment of £50,000 on account of final settlement.
Sadly, due to his deteriorating health, Mr M was unable to begin work on the farmhouse. After radical surgery, Mr M's condition continued to deteriorate and because of his poor prognosis, Mr M decided to marry his partner. Sadly, he passed away four months later.
Mrs M continued with the claim of behalf of Mr M's estate. Shaheen prepared a Schedule of Loss which included an amount for the loss of her husband's services in renovating the farmhouse. His wife described him as physically very strong, 'like an ox'.
Mrs M's claim eventually settled for a six-figure sum.
Shaheen said: "The settlement will allow Mrs M to finish refurbishing the farmhouse which had been her and her husband's dream."
Mrs M said "I would like to thank Shaheen for all her hard work and support during the process of making this claim. She is extremely professional but friendly and very good at explaining complicated information and procedures. I would have no hesitation in recommending her to any families who are sadly facing making a claim related to mesothelioma."
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