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Archive for the ‘Asbestos Claims’ Category

THE family of a South Wales electrician who died from cancer caused by exposure to asbestos at a power station has been awarded “substantial compensation” following a lengthy legal battle.

John Vaughan, from Llantwit Major, was 71 when he died from mesothelioma – a cancer of the lining of the lung caused by exposure to asbestos.

Father-of-three Mr Vaughan, who had six grandchildren, was exposed to asbestos while working at Aberthaw Power Station, which at the time he worked there was run by the Central Electricity Generating Board (CEGB).

Mr Vaughan had worked at Aberthaw Power Station for 32 years when he retired in 1992. He was exposed to the dust as he worked alongside laggers who were handling asbestos insulating materials.

His family said that following his retirement he led an “active life”, enjoying walking, golf and family holidays. But in November, 2007 he became short of breath.

He was diagnosed with mesothelioma in December 2008 and told he had just six months to live.

Mr Vaughan pursued a claim for compensation, but died before it was finalised.

July 18, 2011 8:48 am - Posted by Asbestos News  | Comments ( 0 )

A TERMINALLY-ill former factory worker condemned with a deadly lung disease has been refused a claim for compensation.

Pensioner Lilian Rose Asmussen, of Rockcliffe, South Shields, was last year diagnosed with mesothelioma, an incurable asbestos-related cancer of the lungs.

The 78-year-old launched a damages claim against Filtrona UK Ltd, the successor company of her former employer at the Bede industrial estate, in Jarrow.

But she has been left empty-handed after High Court Judge Mr Justice Simon, rejected her case in a judgment delivered at London’s Royal Courts of Justice.

At the hearing it was said that her exposure to the deadly substance happened before its dangers were fully known.

The judge accepted that Mrs Asmussen was “likely” to have been exposed to asbestos dust and that exposure was “likely” to be the cause of her illness.

He said that there had been asbestos-lagged heating pipes at the Cigarette Components’ site, where Mrs Asmussen worked carrying out inspections and testing cigarette filter papers.

But he added that it was more likely that exposure to asbestos fibres happened before 1960, and not in her second period of employment there between 1962 and 1972.

July 11, 2011 8:25 am - Posted by Asbestos News  | Comments ( 0 )

Plans to make asbestos victims pay their own legal costs in battles for compensation have been branded offensive by a Bradford support group.

Former Bradford textiles union leader Terry Briton, of the Bradford Asbestos Victims Support Group, says the Government should be ashamed.

“Victims have already taken the risk, they’ve already paid a price with their health and they should not have to face forking out any more,” he said.

Mr Briton, of Tong Street, who was the Trade and General Workers Union textiles branch secretary in the city for more than 30 years, said he had lost many colleagues over the years to mesothelioma, a cancer of the lining of the lung caused by exposure to asbestos.

Last week the Government unveiled proposals as part of a Legal Aid, Sentencing and Punishment of Offenders Bill which could see personal injury claimants having to pay legal costs previously paid by the defendant when found at fault.

June 30, 2011 2:05 pm - Posted by Asbestos News  | Comments ( 0 )

AN Oldham electrician who says he was exposed to deadly asbestos dust and fibres at work has launched a legal battle for compensation of up to £100,000 against his former bosses.

A writ issued at London’s High Court says that Anthony Eccles (56) already suffers from thickening of the lung membrane after being exposed to deadly asbestos dust and fibres at work and hints that he could develop lung cancer or some other asbestos- related fatal disease such as mesothelioma.

Now he is suing the Co-operative Group for compensation, and is also seeking the right to return to court to ask for more if his conditions deteriorates and he does develop lung cancer, mesothelioma, pleural plaques, or becomes disabled.

May 27, 2011 8:16 am - Posted by Asbestos News  | Comments ( 0 )

A warehouseman who developed an asbestos-related lung cancer 40 years after first being exposed to it in East London is appealing for former workmates to help his legal fight.

William Howlett, now 67, was diagnosed with mesothelioma in October and believes his illness has been caused by exposure to asbestos while operating forklift trucks in the 1960s, 70s and 80s at book and magazine distributors Gordon & Gotch in Plaistow.

“The atmosphere was really dusty,” he recalls. “People walking through would leave as soon as possible. Bits of asbestos would flake off whenever the walls were brushed up against.”

His lawyer Nick Greaves, an industrial disease specialist at Fenton’s solicitors, hopes to trace three workmates, Ted Morgan who would now be in his 80s and Ken Meakin and John Hobbs—or any staff who can remember the asbestos dust who could help identify the firm’s insurance company.

He said: “Mr Howlett and his wife are naturally devastated. All he did was work diligently and as a result has developed this dreadful illness.

“His family may not get compensation unless we can locate the firm’s former insurers and prove he was exposed to asbestos.”

The law firm is appealing to anyone working between 1964 and 1982 at Gordon & Gotch, which is thought to have changed its name to Dawson, Royle & Willan in 1986.

 

Source: East London Advertiser
Asbestos Industry News is the online voice for UK Asbestos News. The site covers information about asbestos management, asbestos surveying, asbestos removal, asbestos recruitment, asbestos claims, asbestos waste, asbestos legislation, asbestos inspection, asbestos related disease, asbestos training and much more. Visit www.asbestosindustrynews.co.uk, and subscribe to the RSS feed. or Subscribe to Asbestos Industry News by Email

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May 19, 2011 11:25 am - Posted by Asbestos News  | Comments ( 0 )

British asbestos campaigners have today launched a national survey exploring general awareness and understanding of asbestos in buildings and the regulations designed to protect UK workers from being exposed to asbestos in their workplace.

The survey can be taken here:

The Great British Asbestos in Buildings Survey 2011

The survey has been developed in conjunction with the United Kingdom Accreditation Service (UKAS) the organisation that currently accredits over 100 asbestos inspection bodies to carry out asbestos surveys. Known as the Great British Asbestos in Buildings Survey 2011, the survey will be promoted across all industries via the UK’s leading trade associations and trade unions, membership organisations and industry institutions. Tradesmen, building occupiers, dutyholders, clients, FM’s, property managers of non-domestic buildings will be encouraged to take the survey.

According to the HSE, asbestos is responsible for an estimated 4000 deaths each year and is the single greatest cause of work-related deaths in the UK. Results are expected to give an insight into awareness of the Duty to Manage Asbestos and highlight areas for raising awareness of the risks of asbestos in the workplace.

The Survey has the backing of high profile asbestos campaigners across the UK. Annette Brooke MP and Chair of the Asbestos in Schools Group welcomed the survey:

“This survey is a welcome step in the right direction. It is so vital that we highlight the dangers surrounding asbestos and I hope that participation in this survey is as wide as possible. ”

John Richards, Managing Director of analytical and surveying firm, Thames Laboratories said:

“With recent public sector funding cuts and the Government’s review of Health and Safety, we are concerned that this important subject maybe overlooked. Currently in the UK, more people are dying from asbestos exposure than in road accidents and yet our approach to asbestos still ranges from apathy to paranoia.

Recent conflicting reports produced from ATAC and HSE, and the issues of low level asbestos exposure, have led to the development of this research project, aimed at establishing what is really happening”.

Jon Murthy, Marketing & Communications Manager at UKAS said:

“This is the first industry initiative of its kind in which UKAS has participated and we hope to see this repeated annually to measure what improvements are happening within the asbestos sector. UKAS will play its role by ensuring the questionnaire is circulated to as many individuals as possible, from all industry sectors, via Unions, Trade Associations, Industry Institutions and Membership Organisations”.

The survey results will be published in a report in the summer 2011 via the campaign website www.asbestosinspectionbodies.co.uk and should highlight the issues arising from the most comprehensive review of the subject to date.

April 4, 2011 8:29 am - Posted by Asbestos News  | Comments ( 0 )

By Rob Blackburn commenting for Silverdell PLC

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“Asbestos has long been known to be a dangerous (as well as a useful) substance, employers and occupiers turned a blind eye to those dangers long after they knew or should have known about them, and mesothelioma is a dreadful disease.” Lady Hale

Implications from Wednesday’s landmark ruling.

Victims of mesothelioma have a life expectancy of just 18 months from diagnosis. Mesothelioma is an incurable cancer caused exclusively by asbestos. Asbestos does not occur naturally in the urban world, but was shipped into the UK in large quantities and added to over 3,000 products.  Asbestos was used extensively in building materials and thus found its way into offices, schools, homes and hospitals.  It was used extensively from the start of the last century up to the final ban in 1999.

Compensation is due because, as Lord Kerr succinctly puts it, “… employers had, in any event, been prepared to have their employee run the risk of contracting the disease.” Lady Hale added “employers and occupiers turned a blind eye to those dangers long after they knew” It is for these reasons that almost every case of mesothelioma is entitled to compensation.

Victims normally have to decide whether to accept what is offered by those responsible (if anything) or fight a legal battle that inevitably consumes their last days.  This is what makes those that take these fights on so special, it is entirely selfless. Neither Dianne Willmore nor Enid Costello lived to see their victory in The Supreme Court, both passed away at different points in the proceedings. The beneficiaries are those that follow in their footsteps.

Context

Problems arose when those that carry the liability for asbestos victims sought to exploit methods of avoiding their obligations.  This has ranged from deliberate procrastination to the current attempts to place the onus on victims to prove that ‘which-cannot-be-proved’. Wednesday’s ruling was a unanimous judgement by the Supreme Court that quashed the appeals against both Dianne Willmore and Enid Costello and, in so doing, allows victims to receive compensation with a fair method of proving the liability of those responsible.

The ground for the appeals was that the victims should have to prove that on the balance of probabilities the defendants – Knowsley Metropolitan Borough Council and Grief (UK) Ltd – had caused the disease. This would be entirely plausible if this were possible, but both science and statistics have their limits and in mesothelioma they are both found wanting.

March 18, 2011 9:00 am - Posted by Asbestos News  | Comments ( 0 )

In landmark ruling, Dianne Willmore wins £240,000 posthumously after exposure as a child

The government faces pressure to assess the risk of asbestos in schools following a landmark legal victory for the family of a woman who died after “low-level” exposure as a secondary school pupil.

The supreme court hasupheld a £240,000 compensation claim by Dianne Willmore, 49, in the first case of a former pupil successfully suing a local authority for negligent exposure to the risk of deadly asbestos dust.

March 10, 2011 8:16 am - Posted by Asbestos News  | Comments ( 0 )

BIBA is the UK’s leading general insurance organisation representing the interests of insurance brokers, intermediaries and their customers.

BIBA membership includes 1,700 regulated firms. Insurance brokers and intermediaries distribute nearly two-thirds of all UK general insurance. In 2007, insurance brokers and intermediaries generated £1.5 billion of invisible earnings and they introduce £22 billion of premium income into London ’s insurance market each year.

BIBA is the voice of the industry, advising members, the regulators, the Government, consumer bodies and other stakeholders on key insurance issues.  BIBA provides unique schemes and facilities, technical advice, guidance on regulation and business support and is helping to raise, and maintain, industry standards. BIBA works closely with the Chartered Insurance Institute to provide training to those working in the industry and actively participates in helping the industry and its customers deal with some of the major issues of the day.

BIBA members provide professional advice to businesses and consumers, playing a key role in identification, measurement, management, control and transfer of risk.  They negotiate appropriate insurance protection tailored to individual needs and operate to a very high standard of customer service with the aim of ensuring peace of mind, security, financial protection and the professional advice required.

We thank you for the opportunity of responding to this Bill and would make the point that following the UK courts position that Pleural Plaques is not a claimable condition as there are no symptoms and any guarantee of compensation would create a huge surge in NHS X-ray requests from all who may have worked with asbestos at some time. Any additional costs incurred by the insurance industry due to an increase in claims made could affect the stability of the Northern Ireland insurance market and potentially force some insurance companies to reduce their activities in Northern Ireland or withdraw completely. The consequences for this are potential customer detriment with reduced availability of cover and the increase in premiums required to pay for the new claims.

January 26, 2011 9:24 am - Posted by Asbestos News  | Comments ( 0 )

Sufferers of some asbestos-related conditions are a step closer to accessing compensation following a debate in the Assembly yesterday evening.

Finance Minister Sammy Wilson believes the proposed legislation is vital in providing assistance to those who have suffered wrong.

The Damages (Asbestos-related Conditions) Bill aims to deal with certain asbestos-related conditions namely pleural plaques, pleural thickening and asbestosis. Pleural plaques are non-malignant areas of fibrosis found within the pleura of the lung. Pleural thickening is a non-malignant disease in which the lining of the pleura becomes scarred and can lead to breathlessness. Asbestosis is a non-malignant scarring of the lung tissue which leads to inadequate oxygen intake to the blood.

January 19, 2011 8:26 am - Posted by Asbestos News  | Comments ( 0 )

A year ago Bob Charman was carrying heavy wooden doors around a building site, but since then there have been times when he has struggled to tie his shoelaces without getting breathless.

Last year he was diagnosed with mesothelioma, a lung cancer almost always linked to asbestos exposure. Sitting in the living room of his terraced home in Great Yarmouth just before Christmas, I listened to him playing a carol on his guitar – without a trace of irony or self pity he poignantly strummed along to In the Bleak Midwinter.

Bob, 64, knew that he might not see many more Christmases. The prognosis for mesothelioma is not great.

“It is pretty grim when you read the literature,” he said.

January 12, 2011 8:28 am - Posted by Asbestos News  | Comments ( 0 )

A RETIRED Hampshire police officer facing an early death from an asbestos-linked cancer has settled a compensation bid out of court.

Robert Chegwidden expects to die 22 years earlier than he should have done after developing malignant mesothelioma.

Mr Chegwidden, of Tussledown, School Road, West Wellow, says he was exposed to the lethal material while investigating fires during his police service between 1968 and 1997 while he worked for Hampshire Constabulary.

The 62-year-old also claims to have been exposed to asbestos fibres in 1984-85 when the material was being removed from the police station at the Civic Centre, in Southampton, where he was based.

Source: Daily Echo

Asbestos Industry News is the online voice for UK Asbestos News. The site covers information about asbestos management, asbestos surveying, asbestos removal, asbestos recruitment, asbestos claims, asbestos waste, asbestos legislation, asbestos inspection, asbestos related disease, asbestos training and much more. Visit www.asbestosindustrynews.co.uk, and subscribe to the RSS feed. or Subscribe to Asbestos Industry News by Email

Follow us on Twitter @UK_AsbestosNews

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January 11, 2011 8:36 am - Posted by Asbestos News  | Comments ( 0 )

A WIDOW has won £74,000 in compensation after her late husband was exposed to lethal asbestos while at work. George Combe was routinely exposed to the dust while he was an apprentice turner at an engineering firm.

The grandfather, from Whitburn, died aged 69, just four months after doctors told him he had developed the deadly respiratory condition, mesothelioma. Mr Combe’s widow Marjorie said: “It was horrible. He was such a good man and husband.

“In a matter of months he went from being a fit, healthy man, who was still able to work part-time and carry out jobs around the house, to receiving palliative care to help reduce his pain and to make him comfortable.”

Mesothelioma is a fatal cancer of the lung lining. It develops as a result of inhaling asbestos dust but it can take decades to develop. The disease kills almost 2,000 people a year in the UK.

Prior to his death, Mr Combe, who had two daughters, turned to industrial illness specialists at Irwin Mitchell to help secure compensation from his former employers.

After his death Mrs Combe, 69, decided to continue the fight and today said she is relieved to have won for her husband of 46 years.

But she said that the out-of-court settlement would never make up for the family’s loss.

She said: “It is unforgivable that companies like George’s former employer were able to expose their employees to such a dangerous substance. Although it will never bring George back, I am pleased they been made to pay for what they have done to an innocent man who worked for the company.”

Mr Combe worked at John Brown Engineering, on the River Clyde, from 1956 to 1961. He died in 2009 in St Clare’s Hospice, Jarrow.

Roger Maddocks, partner at Irwin Mitchell, worked with Mrs Combe to ensure she has access to the financial security she needs to have as a comfortable future as possible after her husband’s death.

He said: “Unfortunately, this victory has come too late for Mr Combe. He did not work directly with asbestos, but was exposed to substantial levels of the deadly dust when other men in the workshop worked on asbestos lagged equipment, through the workshop’s heating system and also when he would occasionally visit the factory’s shipyard.”

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Asbestos Industry News is the online voice for UK Asbestos News. The site covers information about asbestos management, asbestos surveying, asbestos removal, asbestos recruitment, asbestos claims, asbestos waste, asbestos legislation, asbestos inspection, asbestos related disease, asbestos training and much more. Visit www.asbestosindustrynews.co.uk, and subscribe to the RSS feed. or Subscribe to Asbestos Industry News by Email

January 6, 2011 9:10 am - Posted by Asbestos News  | Comments ( 0 )