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Case Study: Lung Cancer Caused by Asbestos Exposure
Mrs D Awarded £45,000
Mrs D was referred to JMW by the coroner after the death of her husband, who died as a result of lung cancer.
Mr D had been significantly exposed to asbestos throughout his life and his lung cancer may have been as a result of this exposure, despite the fact of his long smoking history.
Mrs D gave us a witness statement with details of Mr D’s employment. Mr D had worked as a plumber and fitter, and several of his employers may have exposed him to asbestos.
We identified three possible defendants. Each defendant had required Mr D to work closely with asbestos-lagged pipes.
We needed evidence to link Mr D’s lung cancer to his asbestos exposure before approaching the possible defendants. We:
- Collected witness statements from Mr D’s brother and friend, who had both worked in similar environments to Mr D.
- Got a copy of Mr D’s medical records.
- Got a Consultant to examine tissue samples from Mr D’s post-mortem.
- Mr D’s medical records showed he was a smoker and there was no evidence of asbestosis, which is usually needed to relate lung cancer to asbestos exposure.
We consulted a number of chest specialists, including US experts, and were eventually found some evidence to link the cancer to asbestos exposure, so we prepared to approach the defendants.
The case was hard fought, the defendants refusing to link the lung cancer to asbestos. Legal arguments involved the latest discussions that were being aired in the highest courts, both in this country and abroad.
Shortly before trial, we received a substantial offer of settlement from the defendants and after lengthy consultation with the client, we accepted the offer.
Our team were delighted to get such a great result for the client in such a tricky case.