Family Secure Justice After Successful Appeal In Mesothelioma Claim
31/01/2011
A successful appeal for witnesses has helped a Norfolk family to secure justice after their loved one died from asbestos related diseases.
Betty Farrow tragically died from mesothelioma in June 2008 but a lack of evidence to suggest where Ms Farrow may have been exposed to asbestos left her family frustrated as they battled for justice.
However, a witness appeal from asbestos illness specialists at Irwin Mitchell proved to be vital in gathering evidence that linked her condition to the presence of asbestos at St Michael’s Hospital in Aylsham, where her husband worked as a boiler man in the 1960s.
A compensation settlement has now been reached in relation to Mrs Farrow’s death after an inquest recorded a verdict of industrial disease.
Asbestos illness solicitors at Irwin Mitchell were first approached by Betty’s daughter in August 2008 but doubts were raised over the possibility of a claim due to a lack of evidence to indicate when and how she may have been exposed asbestos.
The family believed that her exposure took place at St Michael's Hospital, where she may have encountered the dust from pipe lagging in areas including the boiler house. Mrs Farrow’s first husband was a boiler-man at the hospital and would have regularly brought clothing home for washing that could have held traces of the fibres.
Evidence from witnesses was disclosed in September 2010, followed by a schedule of loss and a settlement was negotiated with the East of England Health Authority in January 2011.
David Cass, an asbestos-related disease expert at Irwin Mitchell who helped the family throughout the course of the fight, said: “It is excellent that we have been able to help Mrs Farrow’s loved ones in their fight for answers and justice over her death.
“The dangers of asbestos cannot be underestimated and employers must do all they can to protect workers from the potentially terrible impact of this deadly material.
“While the family had a good idea that Betty’s experiences at the hospital were behind her illness, the health authority’s initial reaction to their claim was resistance on the grounds of a lack of evidence.
“Thankfully, through an appeal, we were able to make contact with four people who were able to provide statements on conditions in the boiler house that played a vital role in substantiating the claim.”
“This was a hard-fought case which has taken several years to come to a successful end,” David added.
“I am delighted that we have been able to bring this claim to a successful conclusion, particularly as it is another which highlights a terrible scenario in which someone has died as a result of someone else’s negligence.”
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