Shipyard worker wins £1m mesothelioma damages
Grandfather Raymond Shanks sued Newcastle-based Swan Hunter, where he worked as an electrician for four years from 1965.
The 59-year-old was diagnosed with mesothelioma two years ago and is only likely to live until early 2009. He was awarded £948,565 at the High Court on Thursday for pain, suffering, loss of earnings and other expenses.
Mr Shanks, of Grindon Close, West Monkseaton, North Tyneside, was diagnosed two years after his son, Michael, died of non-Hodgkin’s lymphoma at the age of 28. Before Michael died, Mr Shanks promised him that he would support his two children, now aged nine and seven.
Giving his ruling on the amount of the claim, disputed by the company, Judge Hickinbottom said he was in close proximity to insulation fitters and others working with asbestos at the Wallsend yard. This was his only exposure to asbestos during his working life.
He emigrated to Adelaide, Australia, with his wife and family in 1982, where he worked as a construction manager on major projects, but returned to the UK in October 2005 after his diagnosis.
Although Mr Shanks has enjoyed a stable and good quality of life since April 2006, he has constant pain in his chest, can only walk at a “snail’s pace” and needs his wife to “fetch and carry”. He underwent an operation and intensive chemotherapy, but his health is likely to decline after April 2008, said the judge.
Awarding him £70,000 for pain, suffering and loss of enjoyment of life, the judge noted that before the onset of “this appalling and inevitably fatal disease”, he had been particularly fit and active. The balance of the award was made up of sums for loss of earnings past and present, relocation costs and other expenses.
Mr Shanks has been married to wife Kathleen for 37 years and has a daughter, Penny.
source : www.injurywatch.co.uk
