Settlement for the widow of former pipe fitter with asbestosis and asbestos related lung cancer

Wolferstans specialist asbestos team has secured significant damages for the widow of Mr Barry Rowland, who tragically died from asbestos disease after being invalided for over fifteen years following surgery for lung cancer in 2001.

In the last few months of his life, he developed asbestosis and instructed Wolferstans to bring a claim. He had always thought that his lung cancer was caused by smoking, but the chest specialist instructed to prepare a report for Wolferstans advised the cancer was caused by the lethal combination of asbestos dust inhalation and tobacco. A lifetime’s exposure to asbestos had more than doubled the risk of developing cancer faced from smoking alone.

Claims must be brought within three years of somebody realising they have a disease caused by asbestos. Fortunately, Mr Rowland was not out of time as he had never been told of the connection in 2001. He had worked for fourteen different employers, some of which were out of business, and we set to work tracing them and their insurance companies.

We were able to obtain crucial witness evidence from Mr Rowland and his former colleagues, which helped the claim enormously. He had been exposed to asbestos in a career spanning around forty years, with no protection at all in the earlier years. Whilst matters improved in later decades, exposure continued right through to the 1990s.

The claim was settled during lockdown. Liz Makin was the solicitor advising and she developed a close relationship with the family, which she was fortunately able to maintain whilst homeworking.

“All families are different” commented Liz. “Some prefer phone calls, whilst others are happy to use video conferencing. I have missed seeing my clients during the pandemic, but I have been able to progress the claims just as well. Mr Rowland’s family are incredibly close and have supported their mum throughout everything. Mrs Rowland was absolutely determined that she would obtain justice for her husband and I am very pleased that we secured a settlement in excess of our barrister’s valuation. The claim was complex and involved multiple defendants, who fought hard, but I am delighted with the outcome which leaves Mrs Rowland with financial security”

Like the vast majority of these claims, the case settled without progressing to trial and the family were represented on a “no win no fee” basis.

For more information, please contact Liz Makin - Solicitor.