Birmingham Widow Receives 5 Figure Asbestos Lung Cancer Compensation Battle
Mr B died from a lung cancer on the 5th July 2002, aged 71. He had been exposed to asbestos at work, for substantial periods of his employment in the 50s, 60's and 70's with 2 different employers, Mills Scaffolding Ltd and Lyndon Scaffolding Plc. Whilst working for both these employers, he spent the majority of his time in power stations and in particular Drakelow power station, in Burton On Trent, where he erected and dismantled scaffolding for laggers to work from.
Mr B had not developed the very thick scarring on the lung, known as asbestosis, which historically has been required before a Court would consider there to be a link between the asbestos exposure and the development of lung cancer. In addition, as he had also been a moderate to heavy smoker, the Defendants argued that this had been the cause of his lung cancer, not the asbestos exposure.
Medical expert opinion about the relationship between asbestos exposure and lung cancer has changed over the last decade, and the majority of experts now agree that if a person has had significant exposure to asbestos, at a level which would ordinarily cause asbestosis to develop, then even if a person hasn't developed asbestosis, development of a lung cancer can still be related to that asbestos exposure.
A mineral fibre analyses of the content of his lung tissue initially performed by a laboratory in Wales suggested that, based on their previous studies of the levels at which asbestosis can develop, there was not a sufficient level of asbestos fibres in his lung tissue, for the case to reach the threshold level, at which asbestosis could develop. The laboratory concluded that the lung cancer could not therefore be asbestos related. Our medical expert disagreed with the conclusion of the laboratory in Wales, and Court proceedings were started on behalf of Mr B's widow.
An international pathologist and expert on causation of asbestos lung cancer was asked to consider the case, and an expert engineer was asked to assess the level of asbestos exposure he had had during his employments. The Engineer concluded that he had been exposed to 660 fibre ml years. This is over 25 times the normal threshold associated with the development of asbestosis and lung cancer. The medical experts who prepared reports for us, were in agreement that the exposure to asbestos had more than doubled the risk of him developing a lung cancer.
The Defendants continued to place reliance on the initial mineral fibre analyses and the findings of the laboratory in Wales. To avoid further arguments over the laboratory's studies and statistical information produced, we ultimately decided to approach an American laboratory for a further mineral fibre analyses. On doing so, this laboratory confirmed that there were sufficient asbestos fibres to exceed the normal threshold for asbestosis according to their previous studies and they confirmed that the lung cancer was indeed asbestos related.
The case subsequently settled out of court for a five figure sum.
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