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Lymington Man Suffering Fatal Asbestos Disease Receives Five-Figure Sum In Compensation From MoD and E.On
05 October 2006
“The Asbestos Dust Was Like Snow Falling”
A former dockyard and power station worker from Lymington, Hampshire who suffers from mesothelioma, the fatal asbestos-related lung disease, is to receive a five-figure sum in compensation for the pain and suffering he has endured and for lost income.
Mr John Gardner, 67, from Sway in Lymington, claimed he was exposed to asbestos whilst working for the Ministry of Defence (MoD) and the Central Electricity Generating Board (CEGB).
The MOD has agreed to pay Mr Gardner 40% and E.On UK (which took over this part of the CEGB’s work) will pay 60% of the compensation.
During the early 1960s Mr Gardner was exposed to asbestos when working at the MoD’s Portsmouth dockyard as a fitter and later as a draftsman
From 1966 until 1980 Mr Gardner worked for the CEGB as an engineer, first at Southampton power station and then at Marchwood. At both power stations he was again exposed to asbestos on a regular basis
Mr Gardner retired in 1992, accepting voluntary redundancy, and he has not been employed since.
He says: “I worked with asbestos a great deal during my time with the MoD. I would work in boiler rooms and engine rooms, hacking away at asbestos to remove it, not aware that the dust I was creating would harm me.
“Working alongside laggers who removed and replaced asbestos meant I was exposed to a large amount of asbestos. Sometimes the dust was so bad it was like snow falling.
“But at the time it was quite a normal thing to do, because workers had not been told about the dangers of asbestos.”
Alison Kerr, partner at the national law firm Russell Jones & Walker, represents Mr Gardner. She says:
“As with many people of his generation, Mr Gardener was not made aware of the risk of working with asbestos until it was too late and he is now paying the full price for that neglect.
“Much of Mr Gardner’s own work at the MoD did not directly expose him to asbestos, but when he worked alongside laggers the exposure worsened.
“At the end of many shifts Mr Gardner would be covered from head to toe in asbestos dust.
“When he worked for the CEGB, Mr Gardner was exposed to asbestos when looking after the oil pump, water treatment plant and the boiler house with its pipe work lagged in asbestos.
“Again, Mr Gardner and his colleagues worked alongside the laggers removing and reapplying asbestos.
“At the MoD, and in his early work at the CEGB, Mr Gardner and his colleagues were not provided with masks or other protective equipment and they had to shake the asbestos dust from their overalls at the end of their shift.
“It was not until 2001 that Mr Gardner started to suffer chest pain which at first revealed pleural plaques. These are benign scars to the lining of the lung, but they do indicate asbestos exposure.
“Unfortunately, this condition developed into mesothelioma in late 2004, for which there is no cure. We are pleased to have settled this case so quickly so that Mr Gardner can make full use of his compensation, if he needs to, during his illness.”
ENDS
Russell Jones & Walker employs over 350 staff (161 lawyers) and is renowned as the leading national firm of solicitors in protecting the rights and legal interest of individuals and those who represent them. RJW has a network of regional offices and includes those in the following centres: London, Birmingham, Bristol, Wakefield, Manchester, Newcastle, Sheffield, Cardiff and Edinburgh.