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News | Tue 31st Mar, 2015
Stephen Glynn has secured a settlement for a lady suffering from mesothelioma in the case of Anita Webber v Department of Health QB March 2015.
Anita Webber was 56 when she was diagnosed with terminal mesothelioma. She was exposed to asbestos when she worked as a clerical assistant in a temporary role for the department of neurology in about 1985 when she was only aged 23 or 24. To access her office she had to walk down into the basement and walk along an enclosed corridor along which ran asbestos lagged pipework. At the end of the corridor there were some asbestos lagged vessels as well. The corridor was dank and very dusty and dirty.
Not only did the Department of Health defend the claim on the basis that Anita had not been exposed to any foreseeably harmful levels of asbestos when she walked along the corridor, even if she was, they said that this level did not in fact materially increase her lifetime risk of developing mesothelioma. It relied upon expert evidence from Dr Moore-Gillon and Tracey Boyle an occupational hygienist. Anita relied upon Chris Chambers, a consultant health and safety practitioner as well as the evidence of Dr Rudd.
After attending at a settlement meeting to say they would only offer a drop hands deal the defendant agreed to settle the claim on the day before a five-day trial for approximately 60% of the net value of the claim. Anita has so far defied all medical expectations of her survival.
Stephen Glynn was instructed by Vijay Ganapathy of Leigh Day & Co.