Journeyman Fitter Diagnosed With Mesothelioma

Our client was referred to us in 2003 after he was diagnosed with mesothelioma.

We immediately attended upon him to take a full and detailed account of his working history. With the exception of a brief period in the middle of the 1970s, he had worked for ICI as an apprentice fitter, and then subsequently journeyman fitter for over 30 years. He gave a convincing and familiar account of regular, substantial exposure to asbestos dust during the course of his working life as a fitter.

We proceeded to investigate the diagnosis of our client's condition by obtaining a medical report and a claim was intimated to ICI. ICI's representatives admitted liability to compensate him two months after the original referral. The report was very supportive of the claim and it was disclosed to ICI. Our client's instructions were taken on an offer to settle and this was made in the sum of £150,000. The Defendants rejected the offer and put forward their own offer of £120,000. In accordance with our advice, our client rejected this offer. We obtained his authority to settle the claim for the sum of £130,000 gross of benefits.

Tragically, our client died before the claim was settled. After speaking to his widow, we made enquiries with ICI's representatives as to whether they would honour the settlement value which had been discussed immediately prior to her husband's death. ICI were prepared to stand by the offer and settlement was therefore agreed in the sum of £130,000 gross of recoverable benefits, approximately six months after instructions were received.

As there were no recoverable benefits in this instance, a cheque was sent to his widow.

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