Asbestos Related Illnesses

A Swindon solicitor who specialises in asbestos-related litigation, has hailed a decision by the UK Supreme Court (9 March) as one which will pave the way for people exposed to low levels of asbestos to claim compensation.

Brigitte Chandler, a lawyer at Swindon firm, Charles Lucas & Marshall and one of the UK’s leading specialists in asbestos related disease, says she is ‘delighted’ with today’s ruling.

“It is only right the law supports victims of one of the worst types of industrial disease,” she said.

The Supreme Court ruled in favour of the families of Dianne Willmore and Enid Costello, who both died from mesothelioma – an asbestos related form of cancer – who were exposed to low levels of asbestos.

Mrs Willmore, from north Wales, died in October 2009 aged 49, the day after a judge said she was entitled to £240,000 compensation. The award, made against Knowsley Council, Merseyside for negligently exposing her to asbestos fibres, was frozen while appeals took place.

The mother-of-two contracted the cancer after apparently being exposed to asbestos dust while a pupil at Bowring School in Huyton, Merseyside in the 1970s.

Mrs Costello also contracted mesothelioma and died in January 2006, aged 74. Her daughter Karen Sienkiewicz initially lost a county court claim for compensation made on behalf of her late mother’s estate but won in the appeal court.

Mrs Costello was said to have breathed in dust containing asbestos when she was a secretary at a packaging factory in Ellesmere Port. The compensation claim was against her former employer Greif (UK) Ltd.

The Court of Appeal ruled compensation should be paid in both cases, but the defendants, Knowsley Council and Greif UK fought the rulings in the Supreme Court.

The seven Supreme Court judges have now unanimously dismissed their appeals.

Knowsley and Greif had argued they could only be held liable if it could be proved they were responsible for causing exposure to asbestos that had at least ‘doubled the risk’ of mesothelioma.

The Supreme Court rejected the argument and ruled there was no requirement for a claimant to show a doubling of risk.

“The insurers have pursued a vicious campaign against asbestos victims in the last 10 years,” said Brigitte Chandler.

“I am delighted they have failed in this case and this should open the doors for more people who have fallen victim to asbestos disease to come forward and claim what is legally theirs.”

For further information please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

A Swindon man has reached an out of court settlement with British Rail after he became deaf following years of exposure to heavy noise at work.

Dennis Mulholland, 79, who has already settled a previous claim with British Rail after developing an asbestos related disease, worked at British Rail’s Swindon works between 1961-1971.

His solicitor, Brigitte Chandler, a partner at Swindon firm, Charles Lucas & Marshall and one of the country’s leading industrial disease lawyers, says she believes other former employees will also have been affected by the constant noise – but may not associate it with hearing loss.

“Mr Mulholland was exposed to continuous and excessive noise caused by heavy machinery,” she said. “Throughout his employment, British Rail never provided him with ear defenders or warned him about the dangers of excessive noise – despite the fact that from 1955 they had been aware of the dangers of noise.”

Riveting was carried out throughout Mr Mulholland’s working day with hundreds of men in close proximity using hammers. Large, noisy cranes moved about the workshops and tables which carried the locomotives in and out of the workshops were also extremely noisy.

“As a result, Mr Mulholland now suffers from deafness as well as asbestos disease which was caused by exposure to asbestos dust,” says Brigitte Chandler.

“All the men could do was stuff dirty rags into their ears to try to reduce the discomfort of the excessive noise. It was almost impossible to have conversations. Many of these workers, as they get older, experience hearing difficulties.

“Often they think it is old age but there is invariably a strong element of deafness and tinnitus due to noise exposure. Anyone not given hearing protection should take legal advice. A large number of people worked in the railways and had to work in these conditions and have subsequently been affected in this way.”

British Rail agreed to an out of court settlement of £5,000.

For further information please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

Pleural Plaques

Victims of asbestos and their families face a further period of ‘confusion and uncertainty’ after a Court of Appeal ruling today (8th October). The case is quite likely to go to the House of Lords.

Brigitte Chandler, a lawyer with Swindon firm, Charles Lucas & Marshall and one of the UK’s leading experts in industrial disease litigation, said she was disappointed with the judgement which saw insurers win a partial victory in the Court of Appeal.

The judgement will allow some sufferers to recover damages for the injuries they sustained at work decades ago but will mean many others will miss out.

“This decision today takes us no further forward with some victims of asbestos exposure now able to claim compensation while others can’t. Many business and insurance companies also won’t know where they stand,” she said.

Brigitte Chandler has hundreds of clients in the Swindon and South West region waiting on today’s decision.

The three judges were unable to agree on a High Court ruling in November 2008 – hailed as a victory for the victims – which stated that employers’ insurers at the time of exposure to asebstos were liable to pay out on claims for mesothelioma – caused by exposure to asbestos in the workplace.

Insurers decided to appeal against the judgement. Today’s Court of Appeal decision will allow some victims to claim against the insurers at the time of exposure to asbestos but also found that in some cases the responsibility lay with the employers’ insurers at the onset of symptoms – which can be 50 or 60 years later after exposure to asbestos. In cases where the employers company is no longer in existence there will be no insurance cover in these cases and victims will not be able to claim. Some employers who have no insurance cover for asbestos claims could go bankrupt as a result of this decision.

“This decision creates a divide among claimants,” says Brigitte Chandler. “The very wording of employers’ insurance policies will need to be scrutinised. We were hoping for a uniform judgement today but we haven’t got one.”

For further information please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

Asbestos Dust

The family of a Barnstaple man who died as a result of his coming into contact with asbestos when he worked for a local door manufacturing company have been awarded substantial damages.

Kenneth Bracher, who lives in Chumleigh, Devon, brought the claim against his father’s former employers, Shapland and Petter, now called Newman Tonks Limited.

His father, Donald Bracher, died from asbestosis in January 2008. His former employers have agreed to pay £47,500 in compensation for the pain and suffering he experienced.

Mr Bracher worked for Shapland and Petter for much of his working life. The family’s solicitor, Brigitte Chandler, one of the country’s leading industrial disease lawyers and a specialist in asbestos disease, says she believes other former employees will have been affected by asbestos dust and should seek legal advice if they develop an illness relating to asbestos which is usually in the lungs

“Mr Bracher worked with asbestos lined fire doors, often in a small room, where he was expected to cut windows in these doors,” she says. “There was a large amount of dust in the air with minimal dust extraction.

“In fact two people who objected to the dust were sacked. Shapland and Petter were one of the largest employers in Barnstaple at the time. They did not provide protective masks or warn employees about the dangers of asbestos.”

Mr Bracher started to experience problems with his breathing in 2003. His condition deteriorated and he died in 2008.

“Asbestos was widely used in this company,” added Brigitte Chandler. “It is quite possible other members of the workforce may have or develop asbestos related problems in the future and it is well worthwhile pursuing a claim.”

The regional charity, the Swindon & South West Asbestos Group was set up to help asbestos sufferers and their families.

The charity will send out booklets, DSS forms and information about asbestos disease free of charge.  They also have support groups for asbestos sufferers and their families.  For further information contact 01793 813616, email info@asbestosgroup.co.uk or write to PO Box 2729 Swindon, SN1 4ZW.

Brigitte Chandler - Asbestos and Industrial Diseases Claims Expert

Workers who have developed pleural plaques as a result of being exposed to asbestos have been given the green light by the Government to claim compensation.

The Ministry of Justice has announced details of a payment scheme for people suffering with pleural plaques caused by asbestos exposure.

However only claimants who issued court proceedings, sent a letter or visited a solicitor to handle a claim prior to 17 October 2007 will be eligible for the £5,000 compensation.

“The decision is good news for people suffering with pleural plaques,” said Brigitte Chandler, partner and specialist in industrial disease at law firm Charles Lucas & Marshall in Swindon.

“We have a large number clients who have been waiting for the Government’s decision on this issue. It means we can now start to process their compensation claims.”

Compensation claims for pleural plaques had been put on hold following a House of Lords decision to stop payment of damages to people with pleural plaques.

The Government’s announcement now means that anyone who tried to bring a claim for pleural plaques prior to October 2007 and was not successful, should contact their solicitor to process the claim.  Applications have to be made by 1 August 2011 with applicants entitled to compensation of £5,000.

“Unfortunately, those who did not bring a claim prior to October 2007 will not be able to claim under this new Government Scheme,” says Brigitte Chandler. “Those who can claim but go on to develop more serious illnesses such as lung cancer, caused by asbestos, will still be able to bring a claim for a larger sum against their employers.”

Pleural plaques is the least serious of the medical conditions associated with asbestos and is the name given to areas of thickening on the inside lining of the rib cage. They do not cause symptoms and can occur after any amount of asbestos exposure.

“There appears to be no relation between the number or extent of pleural plaques and how much asbestos the person has breathed in,” explained Brigitte Chandler. “They are seen on x-rays or CT scans of the chest. Once they are present, the plaques do not go away but they may not develop into anything worse either.

“However, a small percentage of people with plaques may go on to develop one of the more serious asbestos illnesses such as mesothelioma, lung cancer or asbestosis. People with these more serious asbestos illnesses can still claim damages against their employers.”

For further information please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

A Bristol man, who has developed a serious lung condition after being exposed to asbestos has received £38k in damages from his employers and won the right to make further claims should his condition deteriorate.

David Godfrey, 73, of Paulton, Bristol worked for PBH (UK) Ltd in Keynsham, near Bristol between 1957 – 1989. It was previously known as John Dickinson & Company and then became the DRG paper mill. Mr Godfrey worked at the paper mill as a maintenance fitter, a charge hand and latterly as a foreman.

His solicitor, Brigitte Chandler, a leading expert in industrial disease, at Swindon law firm, Charles Lucas & Marshall and who has represented many hundreds of workers exposed to asbetsos over the last 30 years, says Mr Godfrey was extensively exposed to asbestos during his time at the paper mill.

“He had to maintain machinery in the drying room which had steam pipes running to large cylinders,” she says. “They were all lagged with asbestos. He had to remove asbestos lagging and sweep up asbestos dust. He often worked in the vicinity of laggers who were applying large quantities of asbestos.”

It is the second claim Mr Godfrey has brought against his former employers. The first claim, which his employers also accepted liability for, arose from Mr Godfrey becoming deaf as a result of the excessive noise he was exposed to at the paper mill  – something he was also not given any protection for.

“The damages are to cover Mr Godfrey’s illness but they are provisional and give him the right to claim further damages should he develop lung cancer or his asbestosis deteriorates,” says Brigitte Chandler.

The numbers of people developing asbestos disease continue to increase, largely due to the considerable quantities of asbestos used in industry and construction during the 60s and 70s. It can take up to 60 years following exposure to asbestos for an illness to develop.

“In this period, many factories were using asbestos to lag pipes,” adds Brigitte Chandler. “Anyone who is concerned about being exposed to asbestos and developing a respiratory illness should seek medical advice and consider bringing a claim against their employer.”

Please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

A Swindon solicitor has urged manufacturing workers who have been exposed to noisy environments and have suffered a loss of hearing or ringing in the ears, to visit their GP and insist on a hearing test.

Brigitte Chandler, a leading industrial disease lawyer with Swindon firm, Charles Lucas & Marshall, says deafness among retired workers in the town is increasing because of the excessive noise levels they have had to endure at work.

“Many people in Swindon have worked in heavy industry – either in the railway or car industries or other areas of manufacturing,” she says. “In the past they were not provided with hearing aids and as a result, as they have got older, they have become deaf.

Audiogram

“They might think this is down to old age but it is often noise exposure which is the cause. There is a simple test which can be carried out which identifies if deafness is the result of age or noise exposure.”

Brigitte Chandler has recently settled a case for John Garrett of The Lawns, Swindon who worked for British Rail between 1951-1971. Mr Garrett worked in numerous works shops where he was exposed to pneumatic hammers, drilling and grinding machines and general engineering noise.

He was provided with no ear protection – even though from 1955 British Rail knew that exposing their workforce to excessive noise, might result in deafness.

“Mr Garrett starting having problems in 2006 when he was aware of a ringing in his ears,” says Brigitte Chandler. “Great Western Hospital advised him it was the result of noise at work. He now has to wear hearing aids.”

Mr Garret’s case was settled out of court with British Rail agreeing compensation to cover pain and suffering for deafness as well as costs towards hearing aids and other equipment.

“Anyone who is suffering from deafness and worked in a noisy environment should visit their GP and insist on a hospital test,” added Brigitte Chandler. “Private hearing aids can be claimed from the employer as well as other equipment which makes deafness more manageable. There is also apparatus available for tinnitus.

“Ideally, claims should be filed three years from the time the person is first advised by a doctor they have industrial deafness.”

Please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

The son of Raymond Neale received £120k in damages on behalf of his father’s estate and on behalf of his mother after his father died as a result of exposure to asbestos at work.

Daniel Neale made the claim against BRB (Residuary), formerly British Rail, where his father worked from 1947 until 1952.

His father, Raymond Neale, who lived at Boscombe Road, Swindon, died in 2008, aged 76, from mesothelioma after he was exposed to asbestos during his time spent as a french polisher at British Rail. He worked in areas where blue asbestos was sprayed on to coaches.

Daniel Neale was represented at the High Court, London by Brigitte Chandler, a partner with Swindon law firm, Charles Lucas & Marshall, and one of the country’s leading industrial disease solicitors, who has dealt with thousands of asbestos claims over the last 30 years – many of them against British Rail.

The £120k awarded by the Court plus legal costs was to pay towards the pain and suffering of Mr Neale and the funeral and nursing costs incurred by his wife.

“People were simply unaware of the dangers of asbestos,” says Brigitte Chandler. “There was no protective clothing and workers used to make footballs from asbestos and even birthday cakes.”

Mr Neale became ill in March 2008 and died in October later that year.

“When I first started dealing with these claims, British Rail invariably disputed them,” says Brigitte Chandler. “It is now much easier because British Rail tend to accept liability and are aware there is no defence.

“There have been a number of people who worked, like Mr Neale, in number 7 shop at British Rail who have become ill with asbestos disease.

“Overall, we anticipate the number of people developing asbestos disease over the next few years will increase due to the import of asbestos into this country in the 50s, 60s and 70s.”

Please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

A Swindon man, who died earlier this month, received £111k in damages from British Rail after developing asbestos related cancer.

BRB (Residuary) Limited, the company with responsibility for the British Rail works in Swindon, agreed to settle the claim out of court.

“The damages are to cover Mr Archer’s illness as well as the nursing care and other expenses he incurred,” says Brigitte Chandler.

1.  What illnesses are caused by asbestos?

1. Pleural plaques
2. Diffuse pleural thickening
3. Asbestosis
4. Mesothelioma
5. Lung Cancer

2. Is there a time limit for bringing a claim?

Claims must be brought within 3 years of a patient being advised by the doctor that they have an asbestos disease or if they die within the 3 year period, within 3 years from the date of death. If you haven’t applied within this time limit, you can still apply to the court for permission to bring a claim out of time but it is better if you brought it within the    3 year period.

3. What happens if the employer who exposed me to asbestos no longer exists?

Most employers have Employer Liability Insurance.  If there are Insurers, a claim can still be brought even if the employer is no longer in existence. We have 30 years of experience in bringing asbestos claims and are often successful in finding insurance companies even though the company long ceased to exist.

The Government are setting up an organisation to keep records of these Employer Liability Insurance and a fund of last resort for those who can not find their Employer Liability Insurance company.

4. What happens if I worked for two or more employers who exposed me to asbestos?

In the case of mesothelioma you can claim all the damages from any one employer.  For the other asbestos illnesses you can claim against all the employers and they will each pay a contribution.

5. What can I claim?

Damages vary depending on your age, your financial position and the type of illness you are suffering from. You will receive a lump sum for pain and suffering which varies from £5,000 to £80,000 depending on the nature of the illness. In addition to this, you can claim for the following:

• Expenses incurred in the course of the illness
• Funeral expenditure
• Loss of the ability to do services such as decorating, DIY and  gardening
• Loss of income and pension
• Nursing costs

Damages for Asbestos illness are often in the region of £100,000 – £500,000 and in addition legal costs are also paid so it is well worth making a claim

6. Are there any damages payable for wives / children who are exposed to asbestos from their husband’s / father’s clothing?

Wives / children exposed to asbestos from husband’s / father’s clothing can claim for damages providing exposure took place after October 1965.

7. I would like to bring a claim but how can I pay for legal costs?

We deal with these claims on a no win no fee basis. This means you only have to pay us if you win the case.  In these cases the costs are usually paid by the Defendant’s Insurers.

8. How quickly can I obtain some monies for compensation?

We appreciate that if you have been diagnosed with an asbestos illness, particularly if it is serious, you will want a payment quickly. Once liability has been accepted by the insurers, we can usually obtain an interim lump sum of up to £50,000 for you. You will receive the balance once the case is concluded.

9. DSS Benefits.

If you are suffering from asbestos disease, you may be entitled to a number of benefits from the DSS even if you are still working, including Industrial Disablement Pension, lump sum from the Government and attendance allowance. We have the forms and will complete these for you.

We have been dealing with asbestos claims for over 30 years.  For details of some of the claims we have recently dealt with, please click on ‘News’.

We will provide home visits to people suffering from asbestos disease anywhere in the country.  We represent people suffering from asbestos disease throughout the United Kingdom and Worldwide.

Please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk