Workers' Memorial Day

The family of a former Kirklees joiner who died from asbestos-related cancer has received a seven-figure settlement following his death.

Rick Oakes, originally from Heckmondwike, Kirklees, died after being diagnosed with mesothelioma, a terminal form of cancer, usually of the lining of the lung, most commonly associated with exposure to asbestos, often decades previously.

Prior to his death, the dad-of-four, who lived in York, instructed expert asbestos-related disease lawyers at Irwin Mitchell to investigate whether his exposure and illness, was linked to his work history.

After the 67-year-old, who worked as a joiner in many local schools in the area died, his wife Rachel, 51, continued his case.

Irwin Mitchell launched High Court proceedings against Kirklees Council arguing the local authority failed to protect Rick against asbestos exposure whilst he was working in school premises. The council consented to judgment being entered against it after it accepted breach of duty in respect of Rick’s exposure to asbestos.

As a result, the council paid compensation.

Nicola Handley, the specialist asbestos-related disease solicitor at Irwin Mitchell representing Rick’s family, said: 

“The last few years have been incredibly difficult for Rick’s loved ones, who’ve understandably struggled firstly with his diagnosis of mesothelioma and then sadly having to come to terms with his death.

 

“While nothing can ever make up for what’s happened, we’re pleased to have secured the answers the family deserve. We hope the settlement brings some form of closure to Rachel and the rest of Rick’s loved ones after what has been an incredibly distressing period.

 

“However, what happened to Rick is yet another stark reminder of the terrible legacy asbestos has left behind, with families continuing to be affected many years after exposure has taken place.

 

“Many people often associate asbestos with heavy industry, but its use was much more widespread including in many public buildings such as schools, council housing, and offices.

 

“Asbestos remains present in many public buildings therefore it’s vital employers continue to ensure the safety of their staff at all times.”

Rick began to suffer from breathlessness in November 2021.

Following tests, he was diagnosed with mesothelioma in February 2022.

Rick initially had chemotherapy treatment on the NHS but the cancer progressed.  He was then able to access private immunotherapy treatment in 2023 which is a type of therapy that uses the immune system to detect and fight cancer cells.

After his diagnosis, Rick received support from various charities including, Yorkshire and Humberside Asbestos Support Group (SARAG) and Mesothelioma UK. Rick and his family found their support invaluable at such a difficult time of their lives.

Despite treatment, Rick’s condition continued to deteriorate, and he died on 4 July 2024.

An inquest held the following month concluded that Rick died of an industrial disease.

Rachel, said: 

“Before his diagnosis, Rick was fit and healthy and loved playing golf and going on holiday with our family. It was incredibly upsetting for him when he was suddenly no longer able to do the things he enjoyed.

 

“Watching Rick suffer, knowing there was nothing we could do, was awful. We miss him every day, and while nothing will ever change what happened, we felt we had to continue the journey he started and get him the answers he deserved.

 

“Rick felt strongly that people should be aware of what asbestos can do. He knew many believe it to be a historical issue, but asbestos is still present in a large number of buildings today, posing a risk if disturbed.

 

“All we can hope for now is that by sharing Rick’s story, we can help raise public awareness and prevent future generations from losing loved ones to asbestos cancer.”

Last year, Rachel hosted a charity garden party in York in memory of Rick. With the support of her family, she brought together 200 guests and raised more than £20,000 for the charities Mesothelioma UK, SARAG, St Leonard’s Hospice and Marie Curie UK.

These charities all provide vital support for people living with terminal or asbestos related illnesses, offering specialist care, information and practical help for patients and their families.

Rachel, added: 

“Our experience showed us just how tough this is for any family to face. The compassion and support we were given made an enormous difference. We’ll always be grateful and this was my way of giving something back.”