Mesothelioma Compensation Claims
Contact our team if you wish to instruct a specialist mesothelioma compensation solicitor. Our senior solicitor, Mr Ronnie Hutcheon, offers a personal and friendly advice line for all family members affected.
Family members can consider taking out power of attorney solicitors so that decisions about the affected person can be made while they are well and able to. Such decisions can be financial, such as paying bills, dealing with pension payments and the bank, or health matters, like decisions of where the affected person would like to be treated, such as at home, hospital, or hospice.
Please scroll down this page for a list of compensation payouts for mesothelioma in the UK. However, it is important that you read this comprehensive guide to making a claim for mesothelioma. Various factors can affect the amount of compensation payable, and every case is decided on its own particular facts.
Contact Us Now To ClaimWho Can Claim? — Why Appoint a Solicitor Urgently? — UK Payout Examples — How Long to Claim?
What Our Clients Say — Background for Families — Guide to Claim for Families — What is Mesothelioma?
Symptoms — Treatment — Johnson & Johnson Scandal — Video Answering 5 Common Questions
Who Can Make a Claim for Mesothelioma Compensation?
People diagnosed with mesothelioma after workplace exposure to asbestos can claim compensation. The claim will be made against the employer responsible for the illness. Common industries where mesothelioma can develop include construction, manufacturing, shipbuilding, mining and more. Symptoms generally don’t appear until several years after exposure. If the employer cannot be traced, the government operates a Diffuse Mesothelioma Payment Scheme, which offers financial support.
Family members can also make mesothelioma claims on behalf of the victim if they cannot themselves due to their illness or if they have passed. Other situations where someone may develop the disease and be eligible for compensation include family members with secondhand exposure, residents living near asbestos-related facilities, consumer products containing asbestos, and more. If you relied on the financial support or services of someone who has died from the disease, you could be entitled to dependency compensation.
Why It’s Important to Appoint a Solicitor Urgently
Solicitors specialising in mesothelioma compensation claims must be instructed immediately following diagnosis or upon suspicion that all is not right and there is a possible connection between exposure to dust at work and ill health.
Even though the courts have an accelerated procedure, if a client has been diagnosed with the disease, many mesothelioma clients do not live to see the outcome of the court case. However, the solicitors can obtain the necessary evidence to support a claim by taking action as early as possible. Without the correct information, the case may fail or be difficult to prove when death occurs following a mesothelioma diagnosis.
In addition, the claimant will be comforted that he or she has done the best they can to make a claim at court for mesothelioma so that they can provide financial support for their family members following death via the compensation payout.
The importance of instructing a solicitor early is because:
- Preservation of evidence
- Obtaining from the client a fully signed witness statement
- Checking to see if any witnesses/former work colleagues can support the alleged working conditions
- Obtaining the best possible medical support and diagnosis
- There is a three-year limitation period to make a claim
- Help and legal support
- Expedited court procedure to take court action and obtain mesothelioma compensation
- Ensure affairs are kept in order
- Wills and probate to consider early to protect loved ones
- Help provide for compensation payments following death
- Knowing who will receive the mesothelioma payouts.
- Reassurance that everything possible is being done to prove a claim
Examples of UK Payouts for Mesothelioma Compensation
Mesothelioma compensation amounts can vary, but the below UK examples provide a rough estimate of how much may be awarded.
- Eric Ward, the Widower and Executor of the Estate of Valerie Ward v RWE Npower PLC and Associated Electrical Industries Ltd [2012] – £113,000 (80 years old)
- Baker v Tate & Lyle PLC [2012] – £205,000
- Ball v Secretary of State for Energy and Climate Change [2012] – £73,980/ £58,920.38 (pain and suffering)
- McCarn v Secretary of State 2014 – £35,000
- Knauer v Ministry of Justice [2014] – £642.972.51
- Zambarda v Shipbreaking (Queenborough) Ltd. Total Award – £98,723
- Wolff v John Moulds (Kilmarnock) Ltd 2012 – £104,500
- McGregor v Genco (FC) Ltd [2014] – £135,000
- International Energy Group Ltd v Zurich Insurance plc UK Branch – £250,000
- Passmore v Evan Cook Ltd 2012 – £192,437
How Long You Have to Make a Mesothelioma Claim
The UK has a 3-year limitation period for personal injury claims, including industrial diseases such as mesothelioma. This limitation means that claims must be made within three years, or you may not claim compensation. The period starts from the date of mesothelioma diagnosis or when a person has died from the disease. There are some circumstances where the timeframe may differ, so it’s essential to seek advice from a solicitor. You should start your compensation claim as soon as possible to give your solicitors the best chance of building a solid case.
A recent court ruling in Scotland may significantly impact how long someone has to make a mesothelioma claim. One of the issues with mesothelioma and other asbestos-related conditions is that a diagnosis can take several years to formulate, and the source of the disease isn’t easy to identify at that point. The Prescription & Limitation (Scotland) Act 1973 prevents people from claiming after three years if they develop a new condition from the same exposure. Under the act, the court must decide when it was reasonably practical for the claimant to be aware of their condition, the cause and the potential of a claim. The recent court ruling involves Mr Kelman, who was diagnosed with pleural plaques in 1999 and mesothelioma in 2019. The court ruled that while Mr Kelman was aware of his diagnosis in 1999, he was not aware that it was significant enough to justify making a claim and therefore was not reasonably expected to claim at that time. For the relevant act in Scotland, this ruling offers the view that the limitation has not started if the claimant did not reasonably know they could justify a claim despite receiving a diagnosis.
Contact Us Now To ClaimWhat Clients Say About Our Mesothelioma Compensation Solicitors
We pride ourselves on providing compassionate and specialist legal representation for mesothelioma victims and their families seeking justice and compensation. Our testimonials reflect the dedication and personalised attention we bring to each case, ensuring our client’s voices are heard and their rights are upheld. Below are just some of the feedback we’ve received from clients who we’ve represented, highlighting the trust and confidence they place in our team during their most challenging times.
“Martin is an expert and very good at what he does. I’ve been kept informed and up to date with every aspect of my case, all proceeds and documents explained and always had support one phone call away. Cannot praise enough, thank you for your hard work and professionalism.” – Brandon D, 5/5
“I’ve recently had a great experience with Hutcheon solicitors, managing everything for me and basically just getting on with it. I would 100% recommend and use them again.” – Richard G, 5/5
“A professional and helpful service right from the word go. Communications were excellent letting me know how each stage of the progress was going. I would highly recommend for any accident claim.” – Philip H, 5/5
“Fantastic service from start to finish with R James Hutcheon – particular credit to Rachel who was first class in handling our case. Highly recommended.” – Jo M, 5/5
Contact Us Now To ClaimBackground on Mesothelioma for Families
The three leading causes of death for an asbestos-related condition due to work in the United Kingdom are:
- Mesothelioma
- Asbestos-related lung cancer
- Asbestosis
The majority of mesothelioma cases affect the lungs. In cases of asbestos-related lung cancer, the fibres from asbestos become lodged in the lung tissue, causing irritation and scarring over time. This irritation and scarring can then also develop into tumours. But in the case of malignant mesothelioma, the asbestos fibres scar and lead to tumours in the lining of the lungs (the mesothelium).
According to the Health and Safety Executive, research concerning asbestos-related deaths reported around 2,500 deaths resulting from asbestos-related mesothelioma in 2015. Such deaths are recorded as the inhalation of asbestos fibres that can cause cancer such as mesothelioma, lung cancer, asbestosis and pleural thickening.
Contact Us Now To ClaimGuide to Families Making a Claim
We are experienced in dealing with all asbestos-related compensation claims. Dealing with mesothelioma cases requires legal expertise, empathy, and compassion for the client and their family. We are here to help you every step and will ensure that expert advice and legal and medical support will be available to investigate every claim. We promise to do everything we can to help and support you.
We have put together a collation of frequently asked questions for family members of the deceased who have lost their loved one due to contracting mesothelioma. We trust that this guide will help you make decisions about the best way forward, but if there is something you are unsure of, please contact our helpline for private and confidential expert advice. If you are directly affected by exposure to asbestos dust at the workplace or are a family member making enquiries, please do not hesitate to contact us regarding any asbestos-related condition.
Contact Us Now To ClaimWhat is Mesothelioma?
Mesothelioma is a rare form of lung cancer in persons exposed to asbestos, with an annual incidence of around one per million. It is often an occupational disease resulting from exposure to asbestos in the workplace. Occasionally, cases unrelated to asbestos exposure can occur. When there is a history of past asbestos exposure, the balance of probabilities strongly favours the exposure as being responsible for mesothelioma, which occurs subsequently. Mesothelioma can occur after low-level asbestos exposure and there is no threshold dose of asbestos below which there is no risk. However, the chance that mesothelioma will occur increases in proportion to the amount of asbestos received and successive periods of exposure each augment the risk that mesothelioma will occur.
Globally, numerous cases of mesothelioma cases are still linked to asbestos-related occupations. Today, work-related mesothelioma compensation payouts are expected. There are approximately 2500 occupational deaths in the UK every year. Regrettably, once a worker has been diagnosed by a chest physician with the disease, there may be only months to live. Death inevitability follows quickly and there is usually a rapid deterioration in health. By the time the diagnosis is made, and when the worker or their family instruct an asbestos solicitor to take court action, the victim has usually died or is very unwell.
Malignant mesothelioma is a type of cancer that affects the external lining of the lung (the pleura) and can also occur in the lining of the lower digestive tract (the peritoneum), the pericardium and around the testes. Once asbestos is ingested, these fibres go straight into the peritoneal membrane from the digestive organs. They may travel to the peritoneal membrane through the lymphatic system. Upon entry into the peritoneal layers, asbestos fibres get trapped and begin to cause changes in mesothelial cells. These changes lead to irritation and inflammation in the cells. Researchers are uncertain as to how asbestos fibres cause these changes but firmly believe that such changes are directly responsible for cancer development.
There is, on average, a long latent interval between first exposure to asbestos and the onset of clinical manifestations of mesothelioma, more than 30 years in most series. Still, the range of intervals is extensive, extending to ten years and perhaps less in rare cases, and upwards with no upper limit. The latent interval between first exposure and the onset of clinical manifestations should not be confused with the interval between the commencement of growth of the tumour and the beginning of clinical manifestations. The latter period is usually much shorter than the former because the mesothelioma does not start to grow as soon as the first fibres are inhaled. After years, repeated interactions between asbestos fibres and mesothelial cells occur, eventually resulting in the malignant transformation of a mesothelioma cell. It is at this point that the tumour starts to grow.
Contact Us Now To ClaimSymptoms of Mesothelioma
The first signs of mesothelioma are often unclear and similar to other conditions. It is advised that concerned persons see a qualified medical practitioner. Diagnosis may take some time since symptoms may appear and disappear, and more common possible conditions are most likely to be investigated first. It is essential to inform your doctor if you may have been exposed to asbestos at some point in the past. Symptoms manifest based on where the mesothelioma has developed.
Pleural mesothelioma may cause:
- Shortness of breath (breathlessness) – This is a very common symptom and usually feels worse with activity or when you are lying down. Breathlessness is often caused by pleural effusion (a fluid build-up in the chest).
- Pain can occur in the shoulder, chest or ribs – The pain may sometimes be sharp and stabbing and can be worsened by breathing in deeply. Sometimes, the pain may be dull and persistent. Patients may also experience changes in skin sensation or develop sensitivity to touch.
Some people experience other symptoms such as:
- Loss of appetite with weight loss
- Loss of muscle bulk and loss of energy
- A persistent cough or a change in coughing pattern
- Night sweats
It is also important to note that peritoneal mesothelioma can cause:
- Abdominal pain
- Swollen abdomen
- Poor appetite
- Nausea and vomiting
- Night sweats or fever
- Bowel or urinary problems
Treatment of Mesothelioma
There are now various current developments and symptom-management methods that are employed to help improve the outlook for patients with pleural mesothelioma. Your doctor will enlighten you on the different treatment options and suggest which treatments may suit you better and probably offer you the best outcome. So far, there is no known cure for mesothelioma, however patients are assessed and cared for via a patient-centred care plan. Treatment will depend on the type of mesothelioma, the stage of the disease, and the general health standard or status of the patient.
Treatment options may include:
1. Surgery
For many patients with pleural mesothelioma, the role of surgery is for pain and symptom relief. However, more radical treatment may be made available to a small number of patients at the time of diagnosis. Varying forms of mesothelioma surgery exist, and they are aimed to reduce the burden on the lungs and improve respiration, thereby lengthening survival and extending the period of disease-free living. Other surgeries also aim to relieve disease symptoms that can be debilitating and interfere significantly with the patient’s quality of life. Due to its nature, surgery is not usually a likely option for mesothelioma since diagnosis is made in the advanced stage of the disease. However, sometimes surgery removes as much cancer as possible and is often followed by chemotherapy and/or radiation.
2. Chemotherapy
In chemotherapy, anti-cancer drugs are employed to control the growth of cancerous cells while doing at the same time the least possible damage to non-cancerous cells. For many patients battling pleural mesothelioma, the only treatment option usually offered is systemic chemotherapy. Although it has not been proven that chemotherapy treatments are curative in pleural mesothelioma cases, they are most valuable for pain relief and symptom management, which has significantly improved a patient’s survival rate.
3. Radiotherapy
By utilising high-energy ionising radiation, radiation therapy is aimed at killing and controlling the development of cancer cells within a specific area. Like chemotherapy, radiotherapy is mainly administered for pain relief and symptom management.
4. Palliative Care
By adopting an integrated approach to the patient’s emotional, social, physical, psychological and spiritual needs, palliative care offers a comprehensive patient-centred care model. In making adjustments to support patients, families may need to make some required lifestyle changes, and palliative care provides families with the support they need to make such adjustments. At the time of diagnosis, patients need to be referred to a palliative care team to facilitate good symptom management and to develop a rapport with the team.
Contact Us Now To ClaimThe Johnson & Johnson Scandal
One of the most prominent controversial cases surrounding mesothelioma involves Johnson & Johnson. This multinational corporation is known for developing household goods, medical devices and pharmaceuticals but also has a dark past. Some of the brand’s products include baby powder, and there is a long history dating back decades of Johnson & Johnson selling these products containing asbestos fibres. In 2018, an investigative report by Reuters revealed that Johnson & Johnson was aware that talc products tested between 1971 to the early 2000s contained asbestos, and they withheld information from regulators and the public. Instead, the product’s popularity meant that Johnson & Johnson doubled down on their marketing efforts. The company has stated that if it knew about asbestos contamination, it was unaware of the associated health risks.
Thousands of mesothelioma victims and other asbestos-related conditions have come forward, claiming the baby powder caused their illness. One of the first lawsuits was filed in 1999, but she was forced to drop the lawsuit because of a lack of evidence. In recent years, there has been a surge in lawsuits filed against Johnson & Johnson, with more than 40,000. The reasons cited include everything from diseases like mesothelioma and ovarian cancer to targeted, harmful ads.
One of the first successful mesothelioma lawsuits happened in 2018 when the company was ordered to pay $37 million in compensatory damages and $80 million in punitive damages to a New Jersey couple. Johnson & Johnson continues to fight the mesothelioma claims made against them, and sometimes they have been successful in quashing a verdict or reducing the payout, while in other cases, they have been less successful with their appeals. Most recently, the company has attempted to resolve the lawsuits by filing for bankruptcy, but they have failed twice.
This shocking case is a prime example of a colossal brand being implicated in the mesothelioma scandal, highlighting how many people have been affected by asbestos and the need for compensation.
Contact Us Now To ClaimVideo Answering the 5 Most Common Questions
This guide also includes a comprehensive and detailed set of questions and answers for families with mesothelioma diagnoses. However, we have compiled a video of the top 5 questions answered on mesothelioma to offer a quick guide.
Contact Us Now To Claim