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03 August 2017
An enlisted Navy serviceman exposed to asbestos on duty successfully pursued legal action following a diagnosis of an asbestos-related lung disease.
Slater and Gordon Lawyer: Mark Luxton is an associate, specialising in personal injury law and asbestos claims at Slater and Gordon in London.
Settlement Value: £45,000.
What Happened: Our client was enlisted in the Royal Navy during 1987 and 2004 on HMS Fearless. Despite knowing the dangers, the Ministry of Defence required our client to sleep in a mess directly underneath pipes labelled ‘asbestos’ for several years. His duties also included sweeping the hazardous dust and fibres. There were several fires whilst he was serving on board HMS Fearless, which caused asbestos to be released to the atmosphere. He was required to clean up after the fires were brought under control without being supplied with any respiratory equipment to use during the clear up.
Impact: Our client was diagnosed with bilateral pleural thickening. His symptoms include exhaustion and shortness of breath, and he was unable to fulfil more physical duties at the MoD.
How Slater and Gordon Helped: We pursued a claim for compensation against the MoD, having obtained medical evidence. We were able to secure damages on a provisional basis, so that in the event he develops mesothelioma, lung cancer or asbestosis as a result of the exposure to asbestos, he will be able to return to court to claim for further damages.
Decision: A provisional settlement of £45,000 was awarded.
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