A widow of a mesothelioma sufferer has received a six figure compensation payment against his former employer, Potterton International Limited. Mr D worked initially for Potterton International Limited in Gas Assembly at their Portobello Works Plant at Emscote Road, Warwick. His job involved assisting with the construction of gas assemblies for industrial and domestic boilers. Asbestos rope was used to seal the boilers in assembly. He used to cut the rope with a blade and seal it to the boiler. He later worked at the Queensway Trading Estate, Leamington Spa as a Production Superintendent. He supervised the production and assembly of domestic boilers. He spent the majority of his time on the factory floor overseeing the various stages of production.
Asbestos blocks were used in the assembly of diplomat range rated boilers. The range rated boilers were assembled by using lagging retainers with asbestos blocks fitted into the base of the retainers for insulation and heat resistant purposes. Asbestos rope was also used to seal the retainers as well. The asbestos blocks were disturbed at various stages of the production process and Mr D came regularly into contact with asbestos dust and fibres. Mr D worked in unprotected conditions and there was little ventilation in the factory. The main assembly area was generally contaminated with asbestos dust and fibres.
Mr D started to develop breathing difficulties in May 2009 and after extensive investigations, he was diagnosed with a fatal asbestos related cancer called mesothelioma, in July 2009. Sadly, Mr D passed away on 15 April 2010. Irwin Mitchell were instructed shortly after his diagnosis and were able to obtain a six figure settlement during his lifetime.
The claim was brought against his former employer and a successful negotiated settlement was reached prior to a court trial.
Ronan Hynes, Solicitor from Irwin Mitchell, who handled Mr D’s case said:- “I am pleased that we managed to obtain compensation for Mr D during his lifetime. However, very sadly he died shortly after a settlement was reached. It is important to keep in mind that compensation is merely a consolation for Mrs D. She has lost her husband, partner and her lifetime companion”.
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