Mesothelioma and asbestos claims

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1 Proud Sponsors of Mesothelioma and asbestos claims Fieldfisher have been helping those with Asbestos Disease for over 30 years We have recovered over 200 million for victims of asbestos disease from all over the UK and overseas 2014 There is none better in the field of asbestos litigation We have established a database of over 2000 companies we have previously sued. This helps new clients who contact us today We only act for victims of asbestos disease and conduct cases on no win no fee basis. They re an absolute Rolls-Royce practice when it comes to industrial disease, particularly in asbestos work - they re top-tier nd Asbestos Freephone

2 Introduction Contents 1 How we work with you 4 Settlement in test case for death of wife and mother who washed her husband s overalls 5 Compensation awarded to family of boiler scaler who suffered from lung cancer 6 Cape asbestos factor compensates worker for lung cancer 7 Settlement in test case for death of wife and mother who washed her husband s overalls 8 BT search engine helps in establishing claim against BT 9 Full settlement for painter and decorator exposed to asbestos on housing estates We are here to help... Fieldfisher has acted on behalf of claimants in asbestos cases for over 30 years. At Fieldfisher we understand what a difficult time patients and their families may be going through when there is a diagnosis of an asbestos related disease. We have been instrumental in changing the law for the benefit of victims both at Government level and through cases in the House of Lords. Cases conducted by our partners have resulted in changes to the law to allow hospices to recover the cost of looking after mesothelioma patients from those who we sue on their behalf. 10 Successful claim for New Zealand resident against Spooner Drier Engineering Company of West Yorkshire 11 Our reputation 12 Andrew Morgan recovers damages for mesothelioma sufferer from California 13 The legal steps explained 16 Compensation recovered for Chadwell Heath industrial paint manufacturer s Carpenter who was exposed to asbestos 17 Our charity work 18 Meet the team Our clients have the right to compensation for a terrible illness which they have contracted through no fault of their own, but through the negligence of their employers and others. We have recovered over 200 million for our clients and concluded over 2,500 successful cases. Our lawyers are renowned for their expertise, their commitment and the care they take in such sensitive situations. The three partners here each have over 20 years experience in acting almost exclusively for clients suffering from mesothelioma and other asbestos diseases. We deal with cases very quickly, with minimal fuss and disruption, allowing clients to focus on enjoying time with their families. You only have to read the quotes from our clients and from the independent legal directories to know that we work quickly and compassionately to win the best settlements that our clients deserve. If you would like to discuss a mesothelioma or asbestos claim, or you would like more information about the legal claims process, please call me on or peter.williams@fieldfisher.com

3 Freephone How we work with you In a class of its own for disease cases The Legal 500: Directory of leading law firms 2 Caring for our clients Our clients come first and we will do everything in our power to make the claims process as easy as possible. We will visit you at home and ensure that you get the best settlement possible. Peter Williams obtained compensation for Jean Ambrose who had been turned down by two other law firms. He negotiated a settlement for Jean, whose husband had died Caring from mesothelioma. Leading the way We recovered the first award of annual payments for the widow of a mesothelioma victim, known as periodical payments. Our client is blind and her husband was her primary carer. We argued that she needed year-on-year payments to cover the costs of her care. She will receive 23,500 every year for the rest of Leading her life. Speedy settlements We complete mesothelioma claims quickly and effectively. We helped set up the fast-track litigation process at the High Court. Andrew Morgan recovered 155,000 for Terence Gillman within 8 weeks of instruction. Associate Dushal Mehta recovered 175,000 for Victor Shipton within 12 weeks. Speedy for Mr G within 7 weeks. Partner Andrew Morgan obtained 130,000 Innovative claims We were the first firm to recover compensation for hospices that provide charitable care to mesothelioma victims. We have recovered over 200,000 to date. Many firms follow our pioneering approach which is now accepted as part of the law. Caroline Pinfold acted for the claimant in the landmark case. Innovative The best awards We ensure our clients and their families get the best awards they deserve. We have recovered the highest award for pain and suffering from the courts, 80,000, and the highest award to compensate for nursing care provided by a spouse in the sum of 25,000. Best Awards In the UK and abroad We act for victims living anywhere in the UK and abroad. Andrew Morgan travelled to Florida to take evidence from a mesothelioma sufferer who was unable to travel. We will visit you at home - we don t expect you to come to our offices. International

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5 Case study Freephone Case study Settlement in test case for death of wife and mother who washed her husband s overalls 4 Dushal Mehta acted on behalf of the son of Mrs Scorer (as executor to her estate), who died of mesothelioma after washing her husbands dusty asbestos covered overalls. Although the company that operated the Cape Asbestos factory where Mrs Scorer s husband worked no longer existed the claim was bought against his father s employer Avery Dennison and also against the parent company (which had overall control over the factory), Cape Intermediate Holdings plc. Cape relied on a large amount of disclosed material which purported to paint a picture of a very clean working environment. They suggested that any exposure to Mr Scorer was well within the HSE control limits set at the time. Witness statements obtained on the family s behalf described particularly dusty working conditions. Mrs Scorer s son obtained a substantial settlement from both Defendants a week before the case had been listed for a 3 day trial in the High Court in London. The case had been listed as a category A trial as it dealt with issues of public importance and was due to be heard on the 24 February This was a test case as the employer s duty extended to advise/warn its employees (of the dangers of taking asbestos home) even when the employee was working at another s premises. In addition, owners/ occupiers of premises (or their parent company in this case) have a duty to advise/warn visitors and contractors working at their site. I am pleased that we were able to secure justice for the family. Dushal Mehta

6 Case study Freephone Case study Compensation awarded to family of boiler scaler who suffered from lung cancer 5 Michael O Shea worked as a boiler scaler on the London Docks between 1955 and He worked for almost all of the ship repair firms on a casual basis for short periods of between a few days and a few weeks. He was constantly exposed to asbestos dust working alongside laggers stripping asbestos based lagging from pipe work and mixing it up to replace with new. In January 2011 he contracted lung cancer. He assumed the lung cancer was caused by his smoking until he was advised by Professor Jeremy Steele at Barts Hospital that his substantial exposure to asbestos could have contributed to his cancer. Heavy exposure to asbestos increases the risk that a smoker will suffer lung cancer by 400%. Michael instructed Peter Williams to pursue a claim against the ship repairers in January Michael would have had three years from the date he was first told he was suffering from lung cancer to issue proceedings at Court against his former employers and to stop time running Peter immediately issued proceedings in the High Court against 12 ship repairing firms including Harland & Wolff, Royal Mail Lines Limited, J Russell Shipbuilders Limited, W Badger Limited, the London Scaling Company Limited and J Hayes & Co. Sadly, Michael died shortly thereafter. Peter was able to obtain medical evidence to show that Michael s lung cancer was partly caused by his extensive exposure to asbestos. He continued to act on behalf of his widow, Paula and obtained compensation of 66,000 for the family against 11 of the ship repairing companies shortly after proceedings were served. We were thankful and grateful for Peter Williams kind and expert approach to my Dads case. My Dad would have been pleased that my Mums financial future has been secured. Michael s daughter Tina

7 Case study Freephone Case study Cape asbestos factory compensates worker for lung cancer 6 Dushal was instructed to bring a claim for Mr L following his diagnosis with lung cancer. Mr L had previously worked at the notorious Cape Asbestos factory on Harts Lane in Barking. Mr L was only employed by Cape for a period of 6 months in 1963 and During that time, he worked as a general labourer and his tasks included unloading asbestos from lorries and barges. He only wore a very basic dust mask and was not warned of the dangers of inhaling asbestos. Mr L was required to unload asbestos on most days and on some occasions there was asbestos cargo coming into the factory twice a day. He unloaded both blue and white asbestos which came in hessian sacks which often ripped open causing asbestos dust to be everywhere. Mr L also had to transport smaller sacks of asbestos from the factory floor to the loading stages outside. After Mr L left the Cape factory he did not come into contact with asbestos. He continued working well into his 60 s and enjoyed an active lifestyle. In 2011, he started feeling unwell and developed a cough. He underwent investigations for a number of years and was eventually diagnosed with lung cancer. Mr L underwent a bronchoscopy and thoracotomy. He also undertook chemotherapy. Mr L instructed Dushal to bring a claim for him against Cape. Despite Mr L having a long history of smoking and even though he was exposed to asbestos for a relatively short period of time, Dushal was still able to obtain supportive medical evidence which attributed his lung cancer to his previous asbestos exposure as opposed to his smoking. The medical expert concluded that Mr L would not have developed lung cancer if he had not been exposed to asbestos. Dushal was able to obtain a substantial settlement for Mr L without the need for Court proceedings. This is another example of how large companies such as Cape, can still be held responsable no matter how big they are Dushal Mehta

8 Case study Freephone Case study Settlement in test case for death of wife and mother who washed her husband s overalls 7 Colin Delph was exposed to asbestos when working as an apprentice carpenter for a company in King s Lynn, Norfolk between 1965 and The exposure was at two schools in that area: St James Boys School, which is now Greyfriars in London Road, King s Lynn where he had to saw up asbestos ceiling tiles and also bevel the edges with a plane, and at Gaywood Park Secondary Modern School when the boiler and heating system were being renewed. Colin s employer at the time no longer exists and no insurance could be traced. The Administrators of the Diffuse Mesothelioma Payment Scheme agreed he was eligible and paid the tariff rate for his age to him. Colin received this money during his lifetime. The Government brought in regulations to establish a new Diffuse Mesothelioma Payment Scheme under the Mesothelioma Act The regulations allowed the Government to establish such a scheme for the purpose of making payments to eligible people with diffuse mesothelioma and also to eligible dependents of those who have died with diffuse mesothelioma. The scheme started on 1st July 2014.

9 Case study Freephone Case study BT search engine helps in establishing claim against BT 8 Rigoberto Santos contacted Peter Williams of Fieldfisher following his civil partner, Peter Weller s sad death from mesothelioma in November Peter had worked for as a telephone engineer for the General Post Office and then British Telecom throughout his working life from 1966 to Sadly due to his cancer he became too ill to give a statement before he died. Whilst we are aware of a long history of British Telecom Engineers contracting mesothelioma from exposure to asbestos we had no evidence as to what Peter actually did during his working life. We did have the name of a gentleman who apparently had worked with Peter but no other details. Following a search via BT s search engine 192.com we were able to locate this gentleman and take a witness statement. He confirmed that Mr Weller was exposed to substantial amounts of asbestos working in telephone exchanges, in dry risers and in areas where deteriorating asbestos lagging was prevalent. Peter Williams pursued the case against British Telecom and was able to settle the claim swiftly following disclosure of the witness statement. The damages award was 135,000 to include bereavement and Mr Santos loss of dependency on his civil partner s income.

10 Case study Freephone Case study Full settlement for painter and decorator exposed to asbestos on housing estates 9 Andrew Morley worked for Arnold Sharrocks Limited as a painter and decorator all his working life. In the 1970s he was asked to work on Council housing particularly in the London area. He worked on estates along Commercial Road near Aldgate East and especially at the housing estate at Lancaster West, near Latimer Road, London. These were tower blocks of flats and maisonettes. He recalled painting asbestos sheets which was used for fire protection in the ceilings of the common areas. Whilst he painted the asbestos sheets in front of him carpenters were sawing up the asbestos sheets by hand to fit them and he recalls the dust. The dust would get over his hands face and his clothes. Andrew contracted the asbestos cancer mesothelioma in 2013 and asked Peter Williams to act for him in recovering damages. We were able to attend at the Lancaster Estate and take photographs of the asbestos sheets there today which were stamped with the labels Danger: Asbestos Sheets. We were able to prove that Andrew would have worked alongside carpenters and that his recollection of the asbestos sheets put up on the estate was correct. The case was conducted pursuant to the speedy trial procedure in the High Court. Following receipt of the photographs Sharrocks Limited accepted liability and a full compensation settlement followed shortly thereafter. The case was conducted at no cost to Mr Morley.

11 Case study Freephone Case study Successful claim for New Zealand resident against Spooner Drier Engineering Company of West Yorkshire 10 Peter Williams acted for Jennifer Proffitt, the widow of Ronald Proffit in relation to his sad death from mesothelioma. Roland and Jenny were residents of New Plymouth, New Zealand. Having grown up in West Yorkshire Roland emigrated there in the 1970s. Roland ran his own successful business as a lecturer in the oil industry. He began to suffer from breathing problems in The problems were exacerbated with pain in his chest and fluid build-up in his lungs. Sadly he continued to suffer from symptoms until he was diagnosed with mesothelioma shortly before he died two years later. His Widow, Jenny contacted Peter Williams at Fieldfisher. Her husband had told her that he had worked for Spooner Drier Engineering Company Limited of Ilkley, Yorkshire in the 1960s and early 1970s. Although he said he believed he was exposed to asbestos with the company he could not give any further details. Peter was able to trace three witnesses who worked at the same factory and who were able to confirm that asbestos sheets were regularly cut to insulate ovens made at the factory and that no precautions were taken with regards to asbestos exposure. Peter was able to obtain compensation of 220,000 which included loss of Jenny s dependency on her husband s income from his business and his services around the home.

12 Our reputation Freephone Our reputation 11 Known for; Undisputed expertise in industrial disease work, with particular strength in mesothelioma and asbestos-related work - Chambers, 2015 They re an absolute Rolls-Royce practice when it comes to industrial disease, particularly in asbestos work - they re top-tier - Chambers, 2015 They have quality throughout their ranks - Chambers 2014 The team is very capable, knowledgeable and efficient - Chambers, 2013 Described as; The upper echelons of the premier league for this kind of work - Legal 500, 2013 There is none better in the field of asbestos litigation - Legal 500, 2013 Head and shoulders above the rest in terms of skills, experience and quality - Legal 500, The asbestos team is in a league of their own for experience and quality - Legal 500, 2011

13 Case study Freephone Case study Damages recovered for Cambridge graduate living in California 12 Neville Holt was born, raised and educated in England. He obtained a degree in chemistry from Cambridge University in 1957 and began his career as a chemical engineer with APV near Gatwick, Surrey. His early tasks included building scale model pilots of chemical plants out of glass and metal components. In order to maintain critical temperatures the apparatus had to be properly insulated and for this purpose Neville and his colleagues used sectional lagging and flexible insulation sheets which he cut to size and shape. Where possible these materials were re-used each time that the test apparatus was dismantled. In this way, for a period of about 4 or 5 years, Neville was exposed to asbestos. Not long after this, in the early 1960s, Neville moved to the USA where he has remained and where he has pursued his career and has raised a family. Neville was still working when, at age 75, he began having problems with his breathing. He underwent various investigations, funded initially by his workplace healthcare insurance, until, sadly, he was diagnosed as suffering from mesothelioma. Neville could not recall asbestos exposure except for his exposure in England in his early career. He did not know whether that employer still existed or how to go about making a claim. He contacted a specialist mesothelioma attorney in California, where he now lives, who recommended Andrew Morgan. Andrew was able to take instructions from Neville by Skype. He advised there was good evidence of negligence and set about tracing the employer. Happily Andrew found that the company still existed and traded, although it had changed its name, and found that it had insurance coverage. He made a claim for Neville s past and future losses of earnings, for the injury itself and for the private healthcare and Medicare costs. The Defendants denied liability so Andrew issued court proceedings. At the first court hearing the Defendants said the exposure was so early that it could be argued the employer need not have appreciated there was any risk of injury and so the Court listed the case for a full trial. Andrew disclosed documents showing that handling sectional lagging gave rise to substantial quantities of airborne asbestos. At that point he negotiated a settlement of 300,000.

14 The legal steps The legal steps explained Andrew Morgan, partner, explains how we conduct successful mesothelioma and asbestos claims. As with all asbestos-related claims, it is necessary to show that a duty of care was owed to you, the injured person, by the party who exposed you to asbestos. If you have been exposed to asbestos in the course of your employment, there is usually no difficulty in showing that you were owed a duty of care in those circumstances. Sometimes there is exposure to members of employees families, for example, as a result of dust carried home on clothing and tools. Alternatively you may have lived near to a factory manufacturing asbestos products. It is usually possible to show a duty of care existed in these cases. Who s at fault? If you were exposed to asbestos at work, we will need to identify the relevant employers and/or their insurers. We will undertake detailed investigations to locate the relevant companies or their insurers. In many cases, we will be able to pursue a claim even if an employer 1and/or its insurers no longer exist. We have established a database of over 2,000 companies and their insurers, who have previously been investigated. How was your illness caused? Once the appropriate parties have been identified and the evidence of exposure reviewed, we will assess whether there is a reasonable prospect of proving that they were responsible for your condition. Where there is a reasonable prospect of success, we will obtain a 2medical report from a consultant who is a specialist in asbestos related diseases. How have you suffered? We will obtain information and documents relating to financial loss including pension, loss of earnings and out-of-pocket expenses (both past and future) which can reasonably be attributed to your condition. 3We will also quantify your claim for pain and suffering as well as any care requirements and other financial consequences of your illness.

15 Freephone Asbestos conditions Ask your GP or consultant exactly what the diagnosis is. Asbestos exposure can lead to various conditions some more serious than others. If you are suffering from an asbestos-related condition (like mesothelioma, asbestosis, or lung cancer) you may be able to claim damages for this condition, for the risks of your condition worsening and for the risks of you contracting another asbestos-related condition in the future. You may also be entitled to some state benefits. 4 Timescales We recommend that you speak to one of our lawyers as soon as you are diagnosed. If you or one of your family suffer from mesothelioma your case can be fast tracked. We can often complete your claim in weeks. Your claim must be issued at court within three years of your date of knowledge. In most cases, this is the date of diagnosis. The rules can be complex but in some circumstances we can apply to the court to extend the time limit. However, delay does prejudice 5any claim so it is important to set the wheels in motion as quickly as possible. Are court proceedings necessary? Court proceedings are not always necessary. If they are, we aim to start them as soon as possible. With your permission we will approach the other side first with a view to negotiating a settlement. This allows us to settle claims very quickly, often within three to 6four months. The vast majority of claims are resolved without the need for a trial. Compensation We cannot say how much you will recover before our investigations have been completed. Claims are valued according to your personal circumstances and the severity of your condition. 7 Next steps We will: visit you at home take a detailed statement of your work history obtain your hospital and GP notes, scans and x-rays trace and contact any necessary witnesses 8 draw on our archive of witness statements to help support your claim (if necessary) 14

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17 Case study Freephone Case study Compensation recovered for Chadwell Heath industrial paint manufacturer s Carpenter who was exposed to asbestos 16 Terry began working for Louis Berger in Chadwell Heath, Dagenham, Essex, in The company manufactured paint. Terry stayed with the company for some 37 years during which time the company was taken over by Herberts and then changed its name to H P G Industrial Coatings Limited and lastly to Du Pont. Terry s jobs included installing fume cupboards. These fume cupboards had a base made of a single slab of asbestos sheeting. These slabs were about ¾ thick and hard like cement. Mr Gillman would have to cut the asbestos sheets to size before laying them in the base of the fume cupboards. He was never given any warnings. He was never provided with any mask. He was never told to take any precautions regarding dust exposure. There were miles and miles of pipework at this chemical plant, much of which was, without doubt, insulated with asbestos lagging. Terry would help pipefitters to remove, repair and replace sections of pipework as needed. He would use a knife to cut through asbestos lagging and then pull it apart with his hands. In these ways Terry was exposed to asbestos. He started feeling unwell in February 2012 and he was diagnosed as suffering from mesothelioma. Terry contacted Andrew Morgan, partner in the mesothelioma claims team at Fieldfisher for advice. Andrew obtained a Government lump sum payment for Terry within 6 weeks of first instruction. He tracked down all the companies who had employed Terry over the years at the Freshwater Road factory and made a claim against those companies enabling him to negotiate an increase to a level with which Terry was happy and the claim was concluded in a little over 8 months for the gross figure of 155,000. It took us a little over 8 months to recover the gross figure of 155,000 for Mr Gillman Andrew Morgan

18 Charity work Our charity work Leading the way in securing compensation for hospices In 2008, we started to claim a new type of compensation in mesothelioma cases. It had long been possible to include in claims the value of care and assistance given to mesothelioma victims by their relatives. Our innovation was to extend this to charitable care provided by hospices. In 2010, after the insurers had contested this principle, a judge ruled at the High Court that it was valid for hospices to be compensated in this way for the proportion of their costs funded by voluntary donations. Caroline Pinfold acted for the claimants in that landmark case. We have now repaid 500,000+ to hospices in our own cases. It is estimated that 1m has been recovered for hospices nationwide in mesothelioma cases. Now all hospices which receive some funding from voluntary donations are entitled to recover a proportion of those costs where care or other services have been provided in this type of case - providing these charitable institutions with much needed funds. Useful organisations Mesothelioma UK Department for Work and Pensions British Lung Foundation Macmillan Cancer Support Cancer Research UK

19 The team Freephone Meet the team Our mesothelioma and asbestos team act on a no win, no fee basis. We do not expect you to travel to our offices - we are happy to visit you at home 18 Peter Williams Head of Asbestos Team peter.williams@fieldfisher.com Andrew Morgan Partner andrew.morgan@fieldfisher.com Caroline Pinfold Partner caroline.pinfold@fieldfisher.com Peter is head of the group. He has specialised in asbestos related disease claims for 20 years and he gives annual talks to solicitors on the issues. The legal 500 recommends him as a leading personal injury lawyer who is universally respected, and superb with clients. Dushal Mehta Senior Associate dushal.mehta@fieldfisher.com Dushal specialises in asbestos disease cases, with specific expertise in mesothelioma claims. He joined the firm in 2009 and is a member of the Association of Personal Injury Lawyers. He has developed a reputation for securing early settlements in high profile cases. Andrew has specialised in asbestos disease claims since He is a past coordinator of the Occupational Health Group of the Association of Personal Injury Lawyers (APIL) and is an APIL fellow. The Legal 500 describes Andrew as clever, hardworking and respected by opponents. Alice Ketteringham Solicitor alice.ketteringham@fieldfisher.com Alice trained at Fieldfisher and joined the Industrial Disease Department in 2013 having previously worked in the department as a paralegal. She specialises in cases arising out of asbestos related disease including mesothelioma, asbestosis, lung cancer and pleural thickening. Caroline has specialised in asbestos disease claims for over 25 years. She is a Trustee of the East London Mesothelioma Support Group (ELMS). She is a member of Association of Personal Injury Lawyers and a Fellow of the Royal Society of Medicine. Chambers, a leading legal directory states she is incredibly hard working, has an eye for detail and fights very hard for her clients. Field Fisher Waterhouse LLP provides a first-class service to clients. The Legal 500 Directory of leading law firms

20 Mesothelioma a Freephone Swan Lane, London, EC4R 3TT Postal address: PO Box 732, London, EC3N 2AA personalinjury@fieldfisher.com