Specialist Lawyers At Irwin Mitchell Battle For Justice for North East Man

A father-of-two, who has been diagnosed with an asbestos-related cancer, is taking an important step in his battle for answers after instructing his legal team to issue legal proceedings against his former employer.

Barry Fitzgerald, 72 who lives in Newcastle, was diagnosed with mesothelioma in September last year. Mesothelioma is a cancer of the lining of the lung invariably associated with exposure to asbestos dust, with symptoms often taking decades to appear after exposure.

Following his diagnosis, he instructed specialist asbestos-related disease lawyers at Irwin Mitchell to help him determine how he came to develop the illness and whether anything could have been done to prevent it from happening.

They issued an appeal to his ex-colleagues and other former employees from Vaux Breweries in Sunderland, a major employer in the city for almost 200 years prior to its closure in 1999, where Barry had worked as a labourer in the summer of 1964 during a break from university.

This has now been followed up with his legal team at Irwin Mitchell preparing to issue High Court proceedings against Vaux Breweries, now known as Whitbread Sunderland Limited.

Roger Maddocks, the specialist asbestos-related disease lawyer at Irwin Mitchell’s Newcastle office who is representing Barry, said: 

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“It is disappointing that we have to issue court proceedings in our efforts to get answers for Barry regarding his illness.

“Mesothelioma is an extremely aggressive, unforgiving, and sadly terminal cancer caused by asbestos exposure decades before symptoms develop. All too often we see a case like this where workers spent time working in environments where they were exposed to asbestos dust and were not made aware, by their employers, of the dangers of asbestos dust.

“After reviewing his work history we strongly believe he may well have been exposed to asbestos during his time working at the brewery located in Sunderland. With this in mind, we would be keen to find out more about the use of the material at the site and working conditions there during 1964.

“This is another awful example of the terrible impact that asbestos has had on so many lives and we are determined to help Barry get the justice he deserves.” Roger Maddocks - Partner

Barry first began to notice his symptoms just a month before his diagnosis in August, a day before his daughter Andrea’s birthday. While playing golf he found himself, unusually, short of breath, a symptom of mesothelioma.

After undergoing a biopsy at Freeman Hospital, Barry was diagnosed with mesothelioma on 26 September.

Regarding his exposure to the harmful substance, Barry has recalled to his legal team that during his time at the brewery there was extensive pipework, which he believes was lagged in asbestos. This was common practice at the time. Asbestos was also used as part of the filtration process used in brewing beer.

Barry, who has been married to his wife Pam, 68, for 44 years, said: “It’s been incredibly difficult coming to terms with my diagnosis, and I am grateful to my legal team for their persistence in ensuring I get answers for how and where I was exposed to asbestos.

“I have always been active. I like to golf at least twice a week and have always done the DIY and gardening around the house. But as my symptoms get worse, I find doing these tasks more and more difficult.

“I am hopeful that by taking this important legal step, I will get the answers and explanations that I am after.

“To aid this aim, I would still be hugely grateful if anyone who can shine a light on the presence of asbestos at the Vaux Breweries site in Sunderland or working conditions at the brewery at about that time would be able to come forward and contact my legal team at Irwin Mitchell. Any information could make all of the difference.”

Anyone with information on the presence of asbestos at Vaux Breweries in Sunderland are urged to contact Sonia Akram on 0191 434 0719 or email sonia.akram@IrwinMitchell.com. 

Read more about Irwin Mitchell's expertise in mesothelioma claims.