Specialist Lawyers At Irwin Mitchell Helped To Recover Hospice Costs

The family of a Yorkshire man who died of mesothelioma, an asbestos-related cancer caused by exposure to the dangerous dust decades ago have reached a settlement with the insurers of one of his former employers, with the funds going towards helping St Catherine’s Hospice, Scarborough that cared for him at the end of his life.

Barry Dempsey was diagnosed with mesothelioma on 10th June 2015, and passed away under a year later in April 2016, aged 75. Before his death he instructed expert asbestos-related disease lawyers at Irwin Mitchell to investigate how and where he came into contact with the deadly material.

He believed he was exposed to asbestos in the five years he spent at Imperial Chemical Industries where he was an apprentice electrician. This role required being around the boilers and pipework which were lagged in asbestos.

The lagging would often be in poor condition and would be in need of repair which involved laggers or pipe fitters stripping the asbestos off while workers, like Barry, were present. This process would create a lot of dust which Barry would inevitably inhale.

Patricia Dempsey, Barry’s widow, continued to fight for justice after her husband’s death and a settlement has now been agreed with the insurers of Imperial Chemical Industries Ltd. It is alleged that the company did not take reasonable steps to protect Barry from the high levels of asbestos dust and fibre that were present during his employment.

Lucy Andrews, an expert in asbestos related disease cases at Irwin Mitchell who acted for Barry’s family, said: 

As his condition deteriorated, Barry was cared for by St Catherine’s Hospice, Scarborough, which provides a ‘Care at Home’ service enabling patients to remain at home while still receiving the vital care they need.

Patricia, 74, has already announced her intention to donate the funds recovered by the solicitors at Irwin Mitchell from the Defendant to St Catherine’s Hospice. The settlement will make up part of the £1,000 donation Patricia is making to the Hospice.

Patricia, who was married to Barry for 52 years and had three children together, said: “Barry’s death has been difficult for us all to come to terms with and one of the primary reasons for taking legal action was to recoup the cost of care provided to him by the staff at St. Catherine’s Hospice. Thanks to Irwin Mitchell, we have been able to do that.

“All of us have at some time been touched by a friend or family member who has been diagnosed with a type of cancer and we have seen the amazing job the dedicated staff at St. Catherine’s do to make people as comfortable as possible in their final days.”