Case Studies
Asbestos related Mesothelioma: Virtual Client Case
Below is a virtual case, this is not a real case and no real names are used in this article as we believe it will breach our client's confidentiality. In addition, we believe that the Law Society Regulations preclude us from mentioning the graphic and gruesome details of some of our cases.
Background Information
Client: Bertie Ryan
Sex: Male
Age: 62
Marital status: Married
Dependent: disabled child
Child age: 15
Occupation: Retired Factory Operative
Employer: Well known tile manufacturer in Ireland
Bertie's Story
a) 1970
Bertie worked within the cleaning department of a well known tile manufacturer in the 1970's. The tiles were manufactured from Asbestos cement and Asbestos fibre was created within the dust as a result. During this time Bertie was not provided with a dust mask and there was no system of ventilation within the factory.
b) 1975
In and around 1975, the union on site was instrumental, in fighting on the behalf of employees for better personal protective equipment in the form of dust masks. Unfortunately however, by that time Bertie had been exposed for a number of years to Asbestos fibre within the dust and as a result the damage was done. In addition to being exposed to Asbestos on a regular basis, Bertie was also a smoker.
c) 2000
In and around the year 2000, Bertie started to suffer a number of symptoms in the form of chest pain, shortness of breath, a sustained cough, hoarseness and wheezing. Bertie was aware of a number of colleagues, who had suffered Asbestos related conditions and some unfortunately had died as a result. Bertie however did not associate his own symptoms with exposure to Asbestos and thought that they were more likely to have been caused by smoking.
During this year, Bertie was diagnosed with having Mesothelioma (a form of lung cancer that is almost always caused by previous exposure to Asbestos). At the age of 62, Bertie continued to be employed in the manufacturing industry having received this diagnosis. As a result of his ongoing symptoms, difficulties and increasing fatigue he decided to retire on medical grounds.
Taking legal action
In any Mesothelioma case, it is of the utmost importance that instructions are taken immediately, due to the dire prognosis for such people. In addition to this, there are no damages for pain and suffering, should that person die before their claim is heard. This will subsequently result in a significantly less financial amount being made available for the family of that person. Time is very much of the essence in progressing such claims. If such a person was to die before their claim is heard, then a claim may be brought on behalf of their dependents as a dependency claim. The Courts and Civil Liability Act 2004 emphasise the importance of time within Mesothelioma cases i.e. 2 year limitation period.
As Asbestos related injuries are not medical negligence claims, such cases require submission to the PIAB (Personal Injuries Assessment Board). In our experience, the PIAB are not dealing with such claims, due to the high level of complexity of such claims, as well as the fact that in most cases, an authorisation to commence court proceedings is issued within a very short period of time from the applicant's application being lodged with the PIAB.
Statute of Limitations
Court proceedings must be issued within 2 years of the injured party's date of knowledge in a personal injury claim. Due to the nature of asbestos related injuries, most persons affected, will not be aware that they have contracted an asbestos related injury, for up to 30 - 50 years after exposure. The two year time limit starts from when the injured party just became aware that they had developed an asbestos related injury.
The experts and gathering evidence
In Asbestos cases, it is essential to have a report from a chest physician specialising in asbestos related conditions. Expert engineering evidence is required in order to consider the likely levels of exposure based on the Plaintiffs and any colleague's evidences of exposure. In addition, an indication will be required as to whether the level of exposure is consistent with the particular medical condition from which the Plaintiff suffers i.e. causation.
What could Bertie claim for?
- General damages for pain and suffering and general loss of quality of life
- Medical expenses both past and future
- Any loss of earnings arising from the illness
Please note that if Bertie died prior to his case being heard no general damages would be payable. However, a fatal claim would be brought in relation to his financial contribution to his family.
Please note that this article is for information purposes only and does not constitute legal advice.
Seeking Litigation Advice
For further information in relation to litigating an asbestos case, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. A solicitor who specialises in this area will contact you to advise you of your legal rights and entitlements.
This news section contains stories of interest from publicly available news sources. Where we are representing the clients referred to in the news material we will say so. Where we do not represent individuals or bodies mentioned or quoted, the inclusion of the news story in our news section is not intended nor should it be taken to imply that we act for the individual or body concerned.