Immunotherapy Treatment funded by Interim settlement of Mesothelioma Claim
£840,000 Awarded in 2019
Mr J was a leisure centre manager who was exposed to asbestos from swimming pool heating systems in the 1960s and 70s. Asbestos was used on the heating systems for the swimming pools by insulation manufacturers because it was cheap, durable, heat resistant and easy to use. The asbestos may also have been in the tiles, pipes, caulking compounds, pipes and heating duct insulation.
Mr J was diagnosed with mesothelioma in the spring of 2018.
His GP recommended a local firm of solicitors to help the family to claim compensation. However, the firm were not specialist asbestos and mesothelioma solicitors.
The claim stalled as the medical evidence to support the claim was not sought for several months and letters of claim were not sent to his previous employers.
There was a sense of urgency over the claim as Mr J wanted to access immunotherapy treatment, which can be very expensive. He had researched the treatment and considered it the best treatment option for his set of circumstances. However his respiratory consultant was not au fait with the latest developments in immunotherapy to treat mesothelioma - he had thought it was only available as part of a trial. As a result he decided to go private as time was of the essence, so it was even more important that a speedy resolution was found in terms of funding via a compensation claim.
Our Solicitors took over the case
Our lead solicitor, Helen Childs look on the case in the summer of that year and within the week, she had visited the family and served notice on the defendants about the immediate issuing of proceedings if they did not admit liability. She also made the defendants aware of the immunotherapy funding via a medical report from his consultant. An application was also made to the government for a lump sum payment.
Court proceedings were commenced shortly after this and Helen managed to secure a substantial interim payment to fund the ongoing treatment for the mesothelioma immunotherapy.
Mr J initially responded well to the immunotherapy, but the treatment was eventually stopped after about a year as there were some side effects. The settlement also made provision for the ongoing care of his wife - she had a serious medical condition and Mr J had taken early retirement to look after her. The amount awarded was a reflection of his input into the upkeep of the house and the child-care he and his wife used to provide for their grandchildren but could no longer manage to do.
Another factor to consider was a claim for Inheritance Tax. He had bought an investment property for his family, which they would not have paid the tax on if he lived more that 7 years from the date of purchase. However, sadly Mr J died in the Autumn of 2019, so clearly the mesothelioma had shortened his life.
It is always advisable to seek expert advice, both legally and medical following a diagnosis of Mesothelioma. In this case, Mr J out-lived his initial prognosis by more than a year due to the expert immunotherapy treatment, backed up by the payment of £200K as an interim settlement to fund the treatment, providing hope and peace of mind over financial considerations. This illustrates the importance of seeking advice from those who are up to date with the current legal procedures and developments in medical treatment.
The claim settled for £840,000.
If you have any questions or would like some advice on whether you may be able to claim for Mesothelioma, please call us on the number below and ask for Warren Miller or Kathy Cooke.
Helen is our lead solicitor and a partner at Royds Withy King Solicitors. Helen is recognised as a Leading Lawyer by the Legal 500, where she is described as an exceptional partner with a huge capacity for work and an unerring willingness to fight for her clients and an excellent knowledge of asbestos litigation.. Read more >