Rare mesothelioma of tunica vaginalis testis
Specialist mesothelioma solicitor Helen Childs secures a six figure settlement sum in a complicated testicular mesothelioma claim.
Lead solicitor Helen Childs was instructed by the widow of Mr E at the end of 2013. Mr E had died of testicular mesothelioma 5 years previously in 2008.
This type of mesothelioma is sometimes referred to as mesothelioma of tunica vaginalis testis. It is extremely rare with less than 100 cases reported worldwide. It comprises less than 1% of all mesothelioma cases.
It is related to exposure to asbestos as with other types of mesothelioma. The most common symptom of testicular mesothelioma is a lump in the testes which may also be a symptom of other testicular cancers, making diagnosis difficult.
Complexities of the Case
Unfortunately at the time of diagnosis for Mr E, neither Mr or Mrs E were made aware of the link between asbestos exposure and mesothelioma despite an inquest being held with a verdict of industrial disease. Years later whilst Mrs E was listening to a radio programme about asbestos and mesothelioma the connection was made and Mrs E proceeded to investigate the possibility of making a claim. This was in December 2103, 5 years after her husband's death.
Mrs E only met her husband in the 1980s and was therefore unaware of the details of his early working history. She made contact with his first wife who confirmed Mr E had once come home complaining about working in “a real mess of asbestos” during the late 1960's. The lack of direct evidence from Mrs E and indirect evidence from the first wife made this a complex case for the solicitor.
In addition to these issues was the face that 5 years had passed since Mr E had died. This made this a particularly unusual case as the normal rule in claims procedures is that they must be settled within 3 years of the date that the person was aware they had the condition - and that it could be linked to negligent behaviour from another person or company. In the case of mesothelioma this is extended further in that a family has up until 3 years from the date their relative died to pursue a claim.
However the lead solicitor was able to establish a link between asbestos exposure and the testicular mesothelioma - and due to the fact that neither Mr or Mrs E were made aware of the link at the time of the inquest, the case was settled within 8 months for a six figure sum despite the date of death being over 5 years ago.