Total Damages: £154,825
PSLA: £65,000 (£67,194.23 RPI)
Trial/settlement date: 5/3/2007
Type of Award: Court Award
Judge: Master Whitaker
Court: QBD
Age at trial: 68
Age at injury: 66
Sex: Female

The claimant, a 68-year-old widow, received £142,003 for the death of her husband from mesothelioma following exposure to asbestos at work between 1972 and 1977. The claimant's husband suffered pleural thickening and underwent a course of chemotherapy, which caused multiple side effects.

Claimant: Female: 66 years old at date of knowledge; 68 years old at date of award.

The claimant (C) was the widow of Alfred George Butler (B). B died on February 17, 2006.

Employer's Liability, Industrial: Between 1972 and 1977, B was employed as a fitter by the defendant (D). During the course of his employment B was exposed to asbestos dust from removing and fitting asbestos flue pipes and asbestos sheets but he was not provided with any safety equipment.

In 2000, B was diagnosed with pleural thickening. He underwent an operation to drain fluid from his lungs and following a further build up of fluid in October 2001 he underwent a talc pleurodesis and a biopsy, which confirmed that his condition was benign.

By 2002, B suffered from intermittent pains in the left side of his chest that lasted for approximately three days. He was also short of breath after exertion such as climbing stairs.

In 2003, B's respiratory disability was assessed at 20 per cent, 15 per cent being attributable to the pleural thickening.

In June 2005, B was diagnosed with malignant mesothelioma and his condition deteriorated rapidly. He underwent a course of chemotherapy in August and September 2005, which caused side effects of nausea, lethargy, tinnitus and anaemia. He also required a blood transfusion.

As the disease progressed B suffered from excessive sweating, loss of appetite and significant loss of weight. He required care from his wife until he died on February 17, 2007.

The claimant brought an action against D alleging that it was negligent in its health and safety duties towards its employees.

Liability not disputed.

Injuries: B died from malignant mesothelioma caused by exposure to asbestos dust.

Effects: C lost her husband.

Court Award: £154,824.52 total damages.

Background to damages: An assessment of damages hearing was listed in order to protect C's position should information come to light in the future in relation to D's employer's liability insurers at the time of B's exposure. The court assessed pain, suffering and loss of amenity on the basis that B had suffered acute symptoms relating to mesothelioma for three years prior to his death.

Breakdown of General Damages: Pain, suffering and loss of amenity: £65,000; Future loss of husband's DIY services: £13,760; Future loss of pension: £39,075.16; Loss of husband's love and affection: £2,500; Bereavement award: £10,000; Funeral expenses: £4,389.79; Interest on general damages: £2,357.81.

Breakdown of Special Damages: Gratuitous care: £5,960.15; Equipment: £639; DIY: £4,075; Transport costs: £175; Past loss of pension: £3,762.74; Interest on past losses: £3,129.87.

David White, 12 Kings Bench Walk, instructed by Leigh Day and Co for the claimant.

LTLPI 30/5/2007 (Unreported elsewhere)

This Quantum Report was provided courtesy of Daniel Easton of Leigh Day and Co, solicitor for the claimant.

Document No. AM0201097