Derby Mesothelioma Claim SolicitorsDerby 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.

Case Study

The plaintiff developed mesothelioma as a direct result of being exposed to asbestos dust in the course of his employment during a five-year period in his early 20s.From 1981 he suffered from acute, at first intermittent, chest pains and took morphine at four-hourly intervals. He had become breathless after walking a few yards or climbing stairs. His life expectancy was only a few weeks. He was retired on medical grounds in 1989 and his wife gave up part-time work to devote herself to his care. He was no longer able to enjoy his former hobbies of walking or gardening. Award of general damages £82,851.11. Total award £118,745.00.

Case Study 2

The claimant was exposed to asbestos when employed at a shipyard run by the defendant between 1953 and 1958. He was admitted to hospital in 1995 with pneumonia and in the course of investigations, pleural plaques and asbestosis were diagnosed. He recovered from pneumonia but remained breathless. Total respiratory disability was estimated at 50%, of which 40% was due to hyperventilation and 10% due to asbestosis. The pleural plaques were asymptomatic. A quarter of the hyperventilation disability symptoms were attributable to the claimant’s anxiety at the knowledge that he had an asbestos-related condition and that he risked developing asbestos cancer. Thus the hyperventilation disability attributable to asbestos exposure was 10%; total respiratory disability due to asbestosis exposure was 20%. Asbestosis was likely to progress, but it was not possible to say at what rate. The claimant might ultimately have a 40% respiratory disability due to asbestosis. In the absence of asbestosis the claimant would have had a normal expectation of life. If his asbestosis did not worsen, it could reduce the claimant’s life expectancy by one to two years. If the asbestosis worsened, it would reduce the claimant’s life expectancy by three to five years. These estimates of the reduction in expectation of life excluded the risk of the claimant developing an asbestos cancer. The claimant’s risk of developing asbestos related lung cancer was 3-5%. His risk of developing mesothelioma

was 10%. His risk of developing diffuse pleural thickening was 2%. Because of the reduction of life expectancy due to the claimant’s asbestosis alone, he would be deprived of his state retirement in the lost years. The loss was discounted by two-thirds to allow for accelerated receipt and for the uncertainty of the extent to which, if any, the claimant’s life would in fact be shortened.

The provisional award of damages was assessed as follows: PSLA at £28,000; special damages (out of pocket expenses) at £50; loss of pension, lost years claim at £3,660. The total award including interest was assessed at £32,690.

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