Derby Mesothelioma Claim Solicitors

Mc Intosh Fleming have a wealth of experience in litigating high value  mesothelioma settlements.No win, no fee,no deduction-you keep 100% of your damages. Ring freephone 0800 1712215.

The condition is initiated by the inhalation of asbestos fibres, which result in the development of a malignant cell. Typically this will take some 30 years. There will be another period between that point and the stage at which the disease can be diagnosed, possibly five years. The ultimate condition is fatal. Unlike asbestosis the condition is not cumulative. Although exposure to greater numbers of fibres will increase the risk of contracting mesothelioma, a very small number of fibres alone can be sufficient to cause it, and once a cell has become malignant with the disease, any further exposure to asbestosis will have no bearing upon the ultimate fatal outcome.

Case Study

In 1994 the plaintiff was diagnosed as suffering from mesothelioma arising from his employment between 1956 and 1971, for which the defendant employer accepted liability. The first indication of his illness occurred in 1991 when he suffered viral pneumonia. From November 1993 he suffered from mild breathlessness, which deteriorated until, in February 1994, he was becoming breathless on exertion. In 1994 he was admitted to hospital three times and in January 1995 he ceased to work. His life expectancy at the date of the trial was nine months. He had led a remarkably full life for his age and was particularly adept at DIY. His claim included a sum for future loss of DIY benefits and, although the parties had agreed a figure, the defendant disputed the plaintiff’s entitlement to claim for such loss as a matter of law. Held: the plaintiff was entitled to claim for future loss of DIY benefits since the unpaid DIY work he would have done would have led to economic loss as well as deprivation of pleasure. Award £65k general damages.

Case Study 2

The plaintiff was exposed to asbestos whilst working for the defendant shipbuilders. The plaintiff was diagnosed as having mesothelioma. It was concluded by the judge that, on the balance of probabilities, the plaintiff’s life expectancy from trial would be 18 months, a total of two-and-a-half years from diagnosis. The disease was particularly painful and debilitating. His mobility was severely damaged by the disease. This meant that the plaintiff’s wife had had to give up work to provide nursing care for the plaintiff. The plaintiff was unable to perform household tasks. Award £69k general damages. Total award £260,588.00

Case Study 3

The plaintiff was 50 years old when he died from  mesothelioma in April 1990, having been exposed to asbestos during the course of his employment. Before he died he was incapacitated by breathlessness and frequently had to have fluid on the lungs removed. As time went on he suffered deeper and more intense pain and discomfort both from the tumour and from the drugs prescribed. He also suffered great distress and anxiety and his weight fell from 14.5 st to 8 st. Award £32,000.00 general damages. Total award £157,570.00.

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