We helped David’s* family claim compensation after David was diagnosed with mesothelioma following years of asbestos exposure while working. David sadly died shortly after we settled his claim, but the compensation will make sure his family are financially secure.
What happened to David?
David worked in the Merchant Navy with Moss Tankers Ltd. between 1967 and 1980. He started as a deck boy and progressed to the role of ordinary seaman, working his way up the grades.
While working for Moss Tankers, he was exposed to asbestos while maintaining and repairing pipework insulated with asbestos lagging.
After leaving, he worked as a painter and decorator for Birmingham City Council. David would regularly be painting the exterior of houses and buildings. This involved sanding down and painting asbestos soffits.
While working for Birmingham City Council, he was exposed to high levels of asbestos. David was never provided with personal protective equipment and was never warned of the dangers of asbestos.
In February 2022, David had a chest infection that he couldn’t get rid of. He was prescribed a three-week course of antibiotics and sent for a chest x-ray, but he never heard anything back.
In May of the same year, David struggled with shortness of breath while walking with his wife. After a couple of weeks, his wife called 111 due to his shortness of breath. David was admitted to the hospital and had a CT scan. His scans were sent to the wrong consultant and not looked at for some time.
David returned to hospital in August and the consultant advised him he had fluid on his left lung. Given his history of asbestos exposure, the medical professionals were certain David had lung cancer.
In November 2022 David was diagnosed with mesothelioma after undergoing a VATs biopsy procedure.
How did this impact David’s life?
David’s health quickly deteriorated before he sadly passed away in August 2024.
Before his passing, David was in constant pain because of the VATs biopsy procedure. He regularly took painkillers to ease this pain.
David also struggled to walk any distance without becoming out of breath. He needed to walk slowly to make sure he could still get out of the house but would become short of breath as time went by and eventually became largely housebound.
How did Irwin Mitchell help David and his family?
Before his death, David came to our mesothelioma claims team in 2023 to make a claim against his former employers for his asbestos exposure.
Maria Roberts, a Chartered Legal Executive, worked with David and his family to bring a claim against Shell Tankers (UK) Ltd, ESSO Petroleum Co Ltd and Birmingham City Council.
Maria took statements from David and his wife, gathered medical records, and used independent medical experts to assess his diagnosis. The medical evidence confirmed that David’s life expectancy had reduced by 12 years because of his diagnosis.
With a trial set to start in June 2024, Maria was able to reach a settlement of £750,000 for David and his family in a joint settlement meeting.
David died shortly after but he was able to see that his family would be financially secure because of the settlement secured for them.
After his claim was settled, David was keen to share his story in the hope it would encourage others to claim. David also wanted those who allowed workers to be exposed to asbestos to have to answer for their failures.
David’s wife’s comments
David’s wife told Maria: “Unfortunately, David passed before reading the case summary. Both David and I feel strongly about bringing former employers to justice, given the impact on ourselves and our family”.
“I never thought David’s working life to provide for his family would result in such an early death. I’m keen to encourage others to claim to ensure families are supported”.
“Maria Roberts was extremely supportive and made the process easy for us, putting us at ease along the way and explaining every step that was taken. We are truly grateful for the help of all involved at Irwin Mitchell.”
Expert opinion
On David’s claim, Maria said: “It was a pleasure to work with David and his family. David never expected to be diagnosed with such a serious disease, especially one caused by doing a job he loved.
“I’m happy we were able to resolve David’s claim before he sadly passed away. The settlement fairly represents the serious impact mesothelioma had on David’s life, and subsequently his family.”
*Not real name used.
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