Justice for Deceased Father – Mr Garvani’s Story
My father died from Asbestos related lung cancer in June 2007. He retired from work in 2000 when he was 65 and at that time was an active, healthy and cheerful man and spent much of his retirement time doing DIY and gardening.
In early 2007, he started to suffer from breathing problems and was coughing a lot.
He was prescribed medication but in April 2007 he started to suffer back pain which affected his mobility and left him having to use walking sticks to get about.
In May 2007 he went to Royal Oldham Hospital for a chest x-ray which revealed fluid on his lungs and that his right lung had partially collapsed. He was immediately admitted to hospital and a sample of lung fluid was taken for testing. A litre of fluid was also drained from his lung to aid his recovery and indeed he seemed to improve. He remained as an inpatient at the Hospital but on the 1st June 2007 my father was advised by the Consultant treating him that he thought my father had lung cancer and only had a few months to live.
Accordingly we made arrangements for my father to return home but over the next few days his condition deteriorated and he died on the 7th June 2007.
An inquest into my father’s death took place in September 2007 and found that my father had died of lung cancer and industrial disease.
I recall that a few years before his retirement my father told me that when he worked at Joseph Nadin Limited in Royton for 3 years in the late 1960’s and early 1970’s, Asbestos was used in the workplace. I believe that cement based products were made at Joseph Nadin Limited and I believe my father used a large mixing machine to make these products, mixing cement based powders with products such as China clay.
My father did also smoke tobacco for many years but gave up smoking in 1997.
It was only as a result of the inquest finding and my recollection of my father talking about Asbestos use that I sought legal advice from Pearson Hinchliffe Solicitors who advised me that I had a viable claim.
Despite the name of Joseph Nadin Limited no longer existing, my solicitors were able to trace the successor to Joseph Nadin Limited and was able to trace their insurers. Furthermore, despite the fact that my father smoked my solicitors were able to obtain expert medical evidence showing one third of the cause of my father’s lung cancer was Asbestos related.
My solicitors were able to negotiate a very satisfactory financial settlement of the claim on behalf of my father which included an element of reimbursement of the cost of my father’s funeral. This result was better than I expected.
I am glad I pursued the case on my father’s behalf and feel that there has been suitable recompense for the suffering which my father endured for the last few months of his life.