New Agreement Ensures Access To Any Form Of Potential Treatment

Specialist lawyers representing a former service engineer, who was diagnosed with asbestos-related cancer, have secured a landmark settlement agreement which will cover the cost of any future treatments that he needs due to his illness.

The ground-breaking agreement includes treatments which may not currently exist, or be available yet, offering peace of mind and flexibility to the former service engineer. As part of this agreement, James' former employers' insurers have the right to challenge the cost of any such treatments at court.

Father-of-three James Casey, 63, from Halifax, was told he had developed peritoneal mesothelioma, a cancer that affects the lining of the abdomen, the peritoneum, associated with asbestos exposure, after undergoing tests to investigate symptoms including fatigue and weight loss.

Following the devastating diagnosis, he instructed specialist lawyers in Irwin Mitchell’s Asbestos-Related Disease team to help him discover how he came into contact with the deadly material and gain justice regarding his illness.

Now, after identifying his exposure most likely took place during his time working for North Eastern Gas Board between 1969 and 1980, the legal experts have helped him secure a landmark settlement which will ensure that the cost of any medical treatment he needs in the future will be covered.

Ian Toft, the Partner and asbestos-related disease expert at Irwin Mitchell’s Leeds office who represents James, said: 

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“This settlement is a hugely important step forward for victims of mesothelioma and other asbestos-related illnesses.

“We had previously secured a deferred periodical payments order – or PPO – for another client which ensured his cancer treatment costs would be covered regardless of their amount or the length of support he needed.

“However this settlement for James builds on this further, as it includes the extra element of covering future unidentified treatments even if they are not currently on the medical radar at present.

“The ultimate benefit of such an agreement is simply peace of mind, as it ensures that our client does not face uncertainty regarding his access to treatment. Furthermore, with new treatments constantly in development but costs also on the rise, it ensures that our client will be able to benefit from whatever is required.

“This is a hugely important development which ensures that those whose lives have been touched by the terrible legacy of asbestos can get the support they need at a difficult time.” Ian Toft - Partner & Head of Asbestos and Occupational Disease (North)

James, who is married to Yvonne and is also a grandfather-of-six, started work at the North Eastern Gas Board shortly after leaving school and was initially employed as an apprentice service engineer in Bradford before then being transferred to the Pudsey branch.

He recalled working at offices, factories and mills and being asked to strip asbestos lagging from pipework and boilers, with work generating a lot of dust which he also had to sweep and clear up.

James said: “I was never told about the dangers of asbestos during my time at the company but if I had known more I would have asked for protective equipment.

“Mesothelioma has had a huge impact on my life and my entire family was devastated when I received the diagnosis. While nothing will now change what the future holds, I am thankful to Irwin Mitchell for their support and am relieved that this settlement will ensure I will always be able to access the care and treatment that I need.”

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