In early 2019, Hugh James were instructed by a testicular mesothelioma patient, Mr J in respect of his entitlement to welfare benefits. These had been stopped by the DWP on the grounds that as he had survived for several years beyond his initial diagnosis, he was no longer entitled to the same.
Hugh James were able to successfully reverse the decision of the DWP, and we then took steps to re-assess Mr J’s potential recourse through a legal claim. The matter was by then out of time, but we were of the view that Mr J had likely been exposed to asbestos dust via his father’s work for British Road Services (BRS), and so it was worth pursuing the matter further.
Mr J’s father had passed away, but we were able to obtain statements from Mr J and his brother, detailing the work that their father had done whilst working as a mechanic for BRS and in particular, his exposure to asbestos dust when servicing and repairing lorries’ brake and clutch linings. Sometimes, Mr J used to watch his father at work on the lorries, and in addition, asbestos dust from this work was brought back into the family home on the father’s overalls.
The causal link between asbestos exposure and the development of testicular mesothelioma is not definitively established, but Hugh James were able to obtain a supportive report from an expert chest physician, advising that Mr J’s secondary exposure to asbestos dust was the most likely cause of his illness. On this basis, we were able to negotiate a five figure settlement sum with BRS’s representatives in early 2020, despite limitation having passed.
To our knowledge, this is the only successful legal claim which has been brought for a testicular mesothelioma patient who has come into contact with asbestos dust and fibres through secondary exposure.
