Successful Diffuse Pleural Thickening Claim Against R A Brand & Ci Limited & Brand Coatings Limited
Our specialist asbestos claims lawyers were instructed by Mr A who developed diffuse pleural thickening as a result of exposure to asbestos during his employment by R A Brand & Co Limited and Brand Coatings Limited.
Mr A was exposed to asbestos dust and fibres when he was employed as a sprayer by R A Brand & Co Limited and Brand Coatings Limited between 1966 and 1970. His job involved spraying a plastic coating on walls and ceilings to make them partially waterproof, so that they could be wiped down.
Mr A had to spray suspended ceilings, which were made from asbestos sheets or asbestos tiles, and before he was able to spray the asbestos sheets or asbestos tiles he had to rub them down with sandpaper, so that the plastic coating would adhere to the asbestos sheets and asbestos tiles. Dust was generated when Mr A rubbed down the asbestos sheets and asbestos tiles. As he was working directly above his head, the dust came down onto his hair, face, hands and clothing and he could not help but inhale some of the dust that was generated.
Mr A used an air gun to blow away any dust which had gathered on the asbestos sheets or asbestos tiles and this had the effect of further disturbing the dust and throwing it into the atmosphere. Mr A could not help breathing in some of the dust which was generated by this process.
Once Mr A had rubbed down the asbestos sheets and asbestos tiles, he had to sweep up the dust which had gathered on the floor. Mr A did this using a dust pan and brush or a broom. This had the effect of throwing the dust into the atmosphere again.
In addition to rubbing down asbestos sheets and tiles in ceilings, Mr A also had to rub down walls which were to be sprayed. The majority of these walls were plastered but some of the walls contained asbestos sheets. Dust was generated when Mr A rubbed down the walls which contained asbestos sheets.
On occasions Mr A worked in proximity to other tradesmen who were working with asbestos materials. For example Mr A sometimes worked around joiners who were installing suspended ceilings using asbestos sheets and asbestos tiles. The joiners had to cut the asbestos sheets and asbestos tiles in order to install them and dust was generated when the joiners cut the asbestos sheets and asbestos tiles in order to install them.
Some years after his retirement, Mr A fell ill and was diagnosed with diffuse pleural thickening. He underwent a pleural aspiration and a thoracoscopy.
Expert medical evidence was obtained.
The claim was concluded on a provisional damages basis in July 2015 for the sum of £34,113.53. As the claim has been concluded on a provisional damages basis, Mr A is entitled to seek further damages if at a future date he develops a more serious asbestos related disease or if he develops increased disability as a result of his diffuse pleural thickening.
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