Asbestos Related Illnesses

British Rail has paid £78,000 in compensation to the widow of a former Swindon railway worker who died three years ago from undetected asbestos related cancer.

Cyril Matthews, of St Albans Close, Swindon worked for British Rail for 43 years as an electrical welder and coppersmith and for much of that period was continuously exposed to asbestos.

He retired in 1985, shortly before the works closed and for a number of years was in poor health although no asbestos disease was diagnosed. He died, aged 83 in August 2009.

His solicitor, Brigitte Chandler, a leading industrial disease lawyer and partner with Swindon law firm, Charles Lucas & Marshall, who has represented many hundreds of railway workers over the last 30 years, says that although Mr Matthews’ family was never aware he had asbestos disease, his wife, Hazel, was entitled to claim compensation because it was diagnosed through a post-mortem.

“Mr Matthews suffered from breathlessness for many years,” she said. “He could have been exposed to asbestos 70 years ago – it can take that long for the illness to develop.”

Mr Matthews worked at various locations within British Rail including the notorious AE workshop where locomotives were repaired. Asbestos sheets were broken by hand and used in welding and asbestos was widely used as lagging for boilers which Mr Matthews also had to disturb to fit new pipes and valves.

Brigitte Chandler added that it often happens that asbestosis is not diagnosed until a post-mortem. Railway workers and anyone exposed to asbestos need to be constantly vigilant – particularly if they start suffering from chest problems.

“Unfortunately the area where Mr Matthews worked was notorious for using large quantities of asbestos and there have been other deaths from employees working in the same area,” said Brigitte Chandler.

The Swindon and South West Asbestos Group is a regional charity which provides support groups and a free advice service to people suffering from asbestos disease and their families.

They now offer home visits to sufferers in the Swindon area to advise on benefits available.

For further details contact Swindon and South West Asbestos Group, telephone 01793 532995 e-mail: info@asbestosgroup.co.uk or visit www.asbestosgroup.co.uk

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

Brigitte Chandler, partner and industrial disease specialist with Charles Lucas & Marshall, has won a £400k settlement for a widow whose husband died from mesothelioma after being exposed to asbestos.

She brought the claim against electronics company, Spectrol Reliance Ltd, now known as Pita Ltd, where the widow’s husband worked as an electronics engineer at its Swindon factory between 1978-1985.

“The size of the settlement is substantial for a mesothelioma case but the deceased was a relatively young man when he died, 56.

“He became ill while he was still working and his wife has therefore lost considerable wages and pension as a result of his premature death,” she said.

The claim was settled shortly before the court hearing when insurers for Pita Ltd agreed to pay.

The deceased man had to regularly go into a boiler room which was lagged with asbestos. No steps were taken by Spectrol Alliance to remove the asbestos until the late 1980s.

“Unfortunately, most industrial boilers had asbestos and many companies were relaxed about removing the asbestos. As a result, people who had to go into boiler houses – which included many tradesmen – were exposed to asbestos and are now developing health problems as a result.

“It is anticipated that the number of people dying from mesothelioma is on the increase and will shortly peak.”

A regional charity, the Swindon and South West Asbestos Group provides support to families affected by asbestos related diseases. It can ne contacted on 01793 532995 or info@asbestosgroup.co.uk

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

British Rail has paid £98,000 in compensation to the executors of the estate of a former Swindon railway worker whose asbestosis symptoms remained undiagnosed in the five years prior to his death.

Lesley Jeffries of Folkestone Road, Old Town died in 2009 after four years of very poor health. He had to give up work early and could not manage without an oxygen mask due to significant breathing problems and needed nursing care.

He was never told in his lifetime that he had an asbestos related illness so was unable to bring a claim against British Rail himself.

His executors appointed Swindon solicitor, Brigitte Chandler to pursue a claim against British Rail when Mr Jeffries’ condition was diagnosed through a post-mortem.

“Although we did not have a statement from Mr Jeffries, we were able to pursue the claim through collecting statements from work colleagues,” she said. “They confirmed the asbestos exposure.”

Brigitte Chandler, a leading industrial disease lawyer and partner with law firm, Charles Lucas & Marshall, has represented many hundreds of railway workers over the last 30 years. She says anyone who worked at the Swindon Railway Works who develops breathing difficulties should seek medical advice.

“Unfortunately the hospital was never able to advise whether it was asbestosis,” she said. ” The executors received £98,000 for the pain and suffering Mr Jeffries’ suffered and for the nursing care which he needed in the years leading up to his death.”

Mr Jeffries worked for British Rail between 1960-68 and 1979-1986 and worked in a number of different railway shops, including the large AE shop. He was extensively exposed to asbestos as he was working in areas where asbestos was being removed and replaced on locomotives and he worked on engines lagged with asbestos.

“There are still many people in Swindon who worked in the railway industry who are being affected by asbestos exposure,” said Brigitte Chandler. “On a more positive note, British Rail is now well aware of the problem and providing someone can show they worked there and were exposed to asbestos, most claims are now generally settled out of court.”

The Swindon and South West Asbestos Group is a regional charity which provides support groups and a free advice service to people suffering from asbestos disease and their families.

They now offer home visits to sufferers in the Swindon area to advise on benefits available.

For further details contact Swindon and South West Asbestos Group, telephone 01793 532995 e-mail: info@asbestosgroup.co.uk or visit www.asbestosgroup.co.uk

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

British Rail has paid £70,000 in compensation to the widow of a former Swindon railway worker who died three years ago from undetected asbestos related cancer.

Samuel Dean of Queensfield, Swindon worked for British Rail for 33 years as a general crane worker and for much of that period was continuously exposed to asbestos.

The cranes at British Rail contained boilers which were lagged with white asbestos and which were stripped for repair. Mr Dean also worked in outstations, often sleeping in the guards’ van for weeks at a time. Mr Dean slept only feet away from the stove in the van which was covered with asbestos and crumbling from age and heat.

His solicitor, Brigitte Chandler, a leading industrial disease lawyer and partner with Swindon law firm, Charles Lucas & Marshall, who has represented many hundreds of railway workers over the last 30 years, says Mr Dean suffered from breathing problems for the last 15 years of his life.

“He was never given any diagnosis,” she said. “Finally, in 2009 he became much worse and collapsed and died. The post mortem revealed he died from asbestosis.

“There are still many people in Swindon who worked in the railway industry who are being affected by asbestos exposure,” she addded. “On a more positive note, British Rail is now well aware of the problem and providing someone can show they worked there and were exposed to asbestos, many claims are now generally settled out of court, as was the case here.”

Brigitte Chandler added that it often happens that asbestosis is not diagnosed until a post-mortem. Railway workers and anyone exposed to asbestos need to be constantly vigilant – particularly if they start suffering from chest problems.

“Unfortunately the area where Mr Dean worked was notorious for using large quantities of asbestos and there have been other deaths from employees working in the same area,” said Brigitte Chandler.

“Claims against British Rail for asbestos exposure have been running for over 30 years. Even though the works were closed 25 years ago, cases are still arising because it can take up to 60 years for the illness to develop after exposure. Many people who worked there are still suffering from the legacy of exposure to asbestos on locomotive trains.”

The Swindon and South West Asbestos Group is a regional charity which provides support groups and a free advice service to people suffering from asbestos disease and their families.

They now offer home visits to sufferers in the Swindon area to advise on benefits available.

For further details contact Swindon and South West Asbestos Group, telephone 01793 532995 e-mail: info@asbestosgroup.co.uk or visit www.asbestosgroup.co.uk

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

The family of a Bicester man has won an out of court settlement following their brother’s death from asbestos related cancer, caused by his work at builder’s merchants, Jewson.

Swindon & Southwest Asbestosgroup

Peter Wilkins of Marsh Gibbon, Bicester, died in March 2010, aged 82, after being diagnosed with mesothelioma cancer – almost always caused by asbestos. He worked for Jewson at its saw mill in Launton where asbestos products were commonly used.

Brigitte Chandler, a lawyer with Wantage firm, Charles Lucas & Marshall and one of the UK’s leading specialists in industrial disease litigation, brought the claim against Jewson on behalf of Mr Wilkins’ brother and sister.

Jewson, now trading as United Builders Merchants Ltd, SGDB Property Holdings and Meyer 9 Ltd, agreed to settle the claim out of court at £70,000.

“Sadly Mr Wilkins’ case is typical of what is happening now,” she said. “Asbestos was widely used in the building industry in the 1960s and 70s and people who worked in the industry are now suffering as a result. The number of people dying from asbestos cancer is expected to peak in the next few years.”

Mr Wilkins, who lived alone, originally worked on the family’s dairy and arable farm until the age of 49 when he changed occupation and began working in the builders’ yard from 1976 -1993.

The mill had an asbestos roof and sides and Mr Wilkins frequently had to repair them. He also had to cut asbestos sheets to size for customers, saw asbestos guttering and sell asbestos pipes and water tanks. When he did this type of work, asbestos dust flew everywhere and he was given no protective clothing.

“Mr Wilkins was working with asbestos products well into the 1980s,” says Brigitte Chandler. “By then the dangers of working with asbestos were widely known.”

Swindon and South West Asbestos Group is a regional charity formed about 11 years ago, providing information and support groups for asbestos sufferers and their families.

For further details contact Swindon and South West Asbestos Group, telephone 01793 532995 e-mail: info@asbestosgroup.co.uk or visit www.asbestosgroup.co.uk

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

A former customs officer has successfully sued his employers, HM Revenue & Customs after being exposed to asbestos after he was asked to search ships for illegal contraband.

Paul Brett of Thatcham, Berkshire started his career with Customs & Excise in 1963 and became a preventative office at Gravesend and Tilbury Customs Stations. It was while searching the boiler rooms of ships that he came into contact with asbestos.

His solicitor, Brigitte Chandler, an industrial disease specialist with Thames Valley law firm, Charles Lucas & Marshall, has now settled a six figure compensation sum with HM Revenue & Customs who accepted liability and admitted a breach of duty in not providing Mr Brett with proper protective clothing.

“Asbestos was widely used on ships in the past, including naval and merchant navy ships,” said Brigitte Chandler. “While there have been numerous asbestos claims in dockyards and from merchant seaman, there have not been huge numbers of cases involving the Inland Revenue.

“However, if customs officers had to daily go on board ships to search for contraband, they were exposed in the same way as seamen. The number of people dying from asbestos disease is likely to peak in the next few years and obviously people who did similar work are at risk.”

Mr Brett worked for HM Revenue & Customs for 43 years, retiring in 2006, receiving regular promotions and finishing his career at the Revenue’s head office in London, visiting other country’s law enforcement agencies and advising on best practice.

He was always fit and healthy but while on holiday in New Zealand last year, complained of breathlessness. On his return to the UK he was diagnosed with mesothelioma.

“Contraband can be very cleverly concealed so Mr Brett would have had to carry out exhaustive searches,” says Brigitte Chandler. “Often asbestos linings in pipes had to be partly removed and he had to climb on top of boilers covered in asbestos and search behind lagged pipe work.

“When he did this his overalls would be covered in asbestos dust and there were no shower facilities. He took the dust home with him.”

As well as aircraft, Mr Brett was part of a mobile crew that searched vessels at Sheerness, Rochester and Southampton.

In 2001 a regional charity was launched for asbestos sufferers and their families. It provides advice and information about DSS benefits and support groups. It can be contacted on 01793 532995 or info@asbestosgroup.co.uk or www.asbestosgroup.co.uk

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

A Somerset woman is to receive compensation from the Ministry of Defence following her husband’s death from cancer – caused by his coming into contact with asbestos on board Royal Navy ships.

Mary Phillips of Leigh upon Mendip, Somerset, won her claim after her husband, William died in September 2010 at the age of 72.

 William Phillips retired in 1997 after a long career in the Ministry of Defence. He started an apprenticeship at the Portsmouth Dockyards in 1954 and there was considerable asbestos on the deck and bulk heads of the boats.

 Mrs Phillip’s solicitor, Brigitte Chandler of Swindon law firm Charles Lucas & Marshall and one of the UK’s leading experts in asbestos-related claims, says that many MoD staff who worked on Royal Navy ships were exposed to asbestos.

 ”The claims are being settled by the MoD as they were well aware of the dangers of asbestos,” said Brigitte Chandler. “The dangers have been known since 1900 and since then there have been almost annual reports, warning of the dangers of asbestos but they were not acted upon in time by the Royal Navy.

“Mr Phillips was never given protective masks or clothing. Yet during his career in the Navy he would have walked through boiler rooms and engine rooms full of asbestos.”

Mr Phillips worked on several ships at Portsmouth including HMS Agincourt, an old destroyer which had to be modernised. The decks over machinery spaces were covered with asbestos that had to be pulled out. In 1964 he was moved to MoD headquarters in Bath to work as a draughtsman. In the mid 1980s it was discovered that asbestos lining had been used in the offices.

In May 2006, Mr Phillips developed pleural plaques on the lung and three years later developed mesothelioma, a lung cancer caused by asbestos. He started the compensation claim against the MoD but died before it was finalised.

“Unfortunately, asbestos disease can take up to 60 years to develop,” added Brigitte Chandler. “The number of asbestos deaths is rising and is expected to peak over the next few years. Anybody who has had exposure to asbestos and developed symptoms should seek urgent medical advice.”

The Swindon and South West Asbestos Group is a regional charity which provides support groups and a free advice service to people suffering from asbestos disease and their families.

For further details contact Swindon and South West Asbestos Group, telephone 01793 532995 e-mail: info@asbestosgroup.co.uk or visit www.asbestosgroup.co.uk

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

British Rail has paid £60,000 in compensation to the family of a former Swindon railway worker who died from asbestos related cancer in November 2010.

Philip Smith of Medgbury Road, Swindon worked for British Rail for 26 years at its Swindon works and for much of that period was continuously exposed to asbestos.

He worked in the AE shop, at one time the largest workshop in Europe, where his job was to plaster white asbestos over steam boilers. Many of his work colleagues have already died from asbestos related illnesses.

His solicitor, Brigitte Chandler, a leading industrial disease lawyer and partner with Swindon law firm, Charles Lucas & Marshall and who has represented many hundreds of railway workers over the last 30 years, says Mr Smith became unwell two years before his death, which was caused by diffuse pleural thickening due to exposure to asbestos.

“There are still many people in Swindon who worked in the railway industry who are being affected by asbestos exposure,” she said. “On a more positive note, British Rail is now well aware of the problem and providing someone can show they worked there and were exposed to asbestos, many claims are now generally settled out of court.”

BRB (Residuary) Limited, the company with responsibility for the British Rail works in Swindon, settled Mr Smith’s claim out of court. Deaths from asbestos exposure are likely to peak over the next few years. Anyone suffering from chest problems who has been exposed to asbestos should seek medical advice.

“Unfortunately the area where Mr Smith worked was notorious for using large quantities of asbestos and there have been other deaths from employees working in the same area, added Brigitte Chandler.

“Claims against British Rail for asbestos exposure have been running for over 30 years. Even though the works were closed 25 years ago, cases are still arising because it can take up to 60 years for the illness to develop after exposure.”

The Swindon and South West Asbestos Group is a regional charity which provides support groups and a free advice service to people suffering from asbestos disease and their families.

They now offer home visits to sufferers in the Swindon area to advise on benefits available.

For further details contact Swindon and South West Asbestos Group, telephone 01793 532995 e-mail: info@asbestosgroup.co.uk or visit www.asbestosgroup.co.uk

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

A Somerset woman is to receive £290,000 in compensation from the Bristol Water company following her husband’s death from cancer – caused by his coming into contact with asbestos at the company’s pumping stations.

Jean Bean of Shepton Mallet, Somerset, won her claim after her husband, David, died last year at the age of 73.

David Bean had worked for Bristol Water plc in Bridegwater Road, Bristol as an electrical engineer from 1953 – 1992.. His job was maintaining pumping stations and dealing with maintenance and installation of plant and equipment.

Brigitte Chandler - Asbestos and Industrial Diseases Claims Expert

Mrs Bean’s solicitor, Brigitte Chandler of Swindon law firm Charles Lucas & Marshall and one of the UK’s leading experts in asbestos-related claims, says the financial settlement will compensate Mrs Bean for loss of income resulting from her husband’s death.

“Mr Bean visited pumping stations all over the Western area,” said Brigitte Chandler. “They contained large boilers, often the size of houses, which were covered with asbestos cement lagging. Mr Bean would have been in contact with the asbestos as he walked around the pumping station.

“He was never given protective masks or clothing and continued to be exposed to asbestos until he left the company in 1992.”

Locations which Mr Bean had to visit included the Windsor Hill Treatment Works, Victoria Pumping Station, Bristol, West Compton Plumbing Station and the company’s head office at Telephone Avenue, Bristol.

“Mr Bean was healthy until September 2010 when he developed chest pains, coughing and breathlessness,” added Brigitte Chandler. “He was diagnosed with mesothelioma.

“Unfortunately, asbestos disease can take up to 60 years to develop. The number of asbestos deaths is rising and is expected to peak over the next few years. Anybody who has had exposure to asbestos and developed symptoms should seek urgent medical advice.”

The Swindon and South West Asbestos Group is a regional charity which provides support groups and a free advice service to people suffering from asbestos disease and their families.

For further details contact Swindon and South West Asbestos Group, PO Box 2729, Swindon, SN1 4ZW, telephone 01793 813616, e-mail: info@asbestosgroup.co.uk or visit www.asbestosgroup.co.uk.

The UK Supreme Court has today delivered a ruling which could allow thousands of insurance claims by families of people who died after exposure to asbestos.

Brigitte Chandler – Asbestos and Industrial Diseases Claims Expert

Swindon solicitor Brigitte Chandler, from the law firm Charles Lucas & Marshall and one of the UK’s leading experts on asbestos law, welcomed the decision.

She said: “This is very good news indeed for people who develop asbestos disease and their families.”

The court placed insurance liability at the time an employee was exposed to asbestos,rather than the time symptoms appeared. Relatives of workers who died of the cancer mesothelioma want to make claims on policies, some of which date back to the 1940s.

And the decision overturns an earlier ruling by the Court of Appeal which indicated that in some cases the insurance policy which is in place when the illness starts should pay the claim.

Brigitte Chandler added: “The insurers have been trying to argue that the liability should remain with the company in place at the time the illness develops. The problem with this is that most people were exposed to asbestos up to 40, 50 or 60 years ago.

“Many companies who exposed their employees are no longer in existence and the insurance policies have been lost.  This means that if the Supreme Court had not given their ruling, many people would no longer have been able to get compensation as there would have been no company and no insurers to pay them.

“The insurers were paid to provide employer liability cover under statutory regulations and as they were paid to cover this liability, it is only right that they should now have to pay. 

“It is good to see such a common sense decision by the Supreme Court . Many people have been waiting for several years for compensation and will now finally receive the monies due to them.”

The Supreme Court was asked to rule after judges in lower courts failed to agree. Families had a success in 2008, when the High Court said firms’ insurers at the time workers inhaled fibres were liable.

But two years later the Court of Appeal said that in some cases liability was triggered when symptoms developed – which could be decades after exposure.

The new ruling by a panel of five Supreme Court justices states that the disease can be said to have been “sustained” by an employee in the period when it was caused or initiated.

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