During his 18 months at Cape Building Products, Mr B was heavily exposed to asbestos dust in the course of his work. His tasks included handling sacks of raw asbestos which he was required to open and empty out.
Generally it is very difficult to prove the connection between lung cancer and asbestos exposure where the sufferer has not first contracted asbestosis. In this case Mr B had also smoked heavily for most of his adult life, making it even harder to establish the connection.
Michael Osborne, solicitor in the Asbestos Claims Group at Field Fisher Waterhouse, was able to negotiate a settlement from Cape Building Products’ insurers with the help of a medical report proving that asbestosis does not need to be present for a patient’s lung cancer to be attributed to asbestos exposure. Mr B received a settlement £84,000 in compensation which took into account a deduction of 17.5 % to reflect his history of smoking.
Michael Osborne, senior associate in the Asbestos Claims Group at Fieldfisher, commented: “I am pleased that we were able to prove the connection between Mr B’s lung cancer and his exposure to asbestos at Cape Building Products in the 1960s. Despite being exposed to asbestos dust for only a short time, this was enough for him to contract a serious disease. This settlement will provide Mr B and his family with the necessary means to cover the costs of his ongoing care.”
Mr B’s son said: “I would like to take this opportunity, on behalf of my father and myself, to thank the firm for the professional and sympathetic way they have dealt with our claim. On a personal note, I would like to thank Michael for making such a big difference to our situation.”