Field Fisher Waterhouse wins compensation for lung cancer sufferer exposed to asbestos

From: Field Fisher Waterhouse LLP
Published: Fri Jun 19 2009

Field Fisher Waterhouse LLP has won £84,000 in compensation for Mr B, a 67 year old man from Hayes who contracted lung cancer after being exposed to asbestos dust whilst working as a labourer for Cape Building Products Limited in the 1960s.

During his 18 months at Cape Building Products, Mr B was heavily exposed to asbestos dust in the course of his work. His tasks included handling sacks of raw asbestos which he was required to open and empty out.

Generally it is very difficult to prove the connection between lung cancer and asbestos exposure where the sufferer has not first contracted asbestosis. In this case Mr B had also smoked heavily for most of his adult life, making it even harder to establish the connection.

Michael Osborne, solicitor in the Asbestos Claims Group at Field Fisher Waterhouse, was able to negotiate a settlement from Cape Building Products' insurer with the help of a medical report proving that asbestosis did not need to be present for a patient's lung cancer to be attributed to asbestos exposure. Mr B received a settlement of £84,000 in compensation which took into account a deduction of 17.5 % to reflect his history of smoking.

Michael Osborne, senior associate in the Asbestos Claims Group at Field Fisher Waterhouse, commented: "I am pleased that we were able to prove the connection between Mr B's lung cancer and his exposure to asbestos at Cape Building Products in the 1960s. Despite being exposed to asbestos dust for only a short time, this was enough for him to contract a serious disease. This settlement will provide Mr B and his family with the necessary means to cover the costs of his ongoing care."

Mr B's son said: "I would like to take this opportunity, on behalf of my father and myself, to thank the firm for the professional and sympathetic way they have dealt with our claim. On a personal note, I would like to thank Michael for making such a big difference to our situation."


Notes to editors:
Case number: 44605.1

About Field Fisher Waterhouse LLP:
Field Fisher Waterhouse LLP is a full service European law firm with offices in Brussels, Hamburg, Paris, London and Manchester and exclusive relationships with Spanish firm Jiménez de Parga and Italian firm, La Scala. The firm has over 120 partners, 220 other lawyers and nearly 300 support staff. Field Fisher Waterhouse assists a wide range of international clients, advising across the full range of legal issues.

The firm's main areas of practice are corporate and commercial, IP and technology, banking and finance, regulatory and real estate. Field Fisher Waterhouse also has particular expertise in employment & pensions, dispute resolution, tax and competition & EU law, medical negligence, spinal injury, personal injury and brain injury claims.

The international client base includes listed and unlisted companies, multinationals, banks and other financial institutions, professional partnerships, trade associations and Government departments. A distinctive feature of the firm is its industry focus, acknowledged as leading experts in the public sector, technology and media sectors.

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