Not the best start to a New Year - RIP Fredshill

Message

DavShill · #1 Post by **DavShill** » Fri Dec 30, 2011 9:24 am

My Dad's been under the weather in the last few mnths. Started with what we thought wasa chest infection in July. He recovered but it left him with some breathing difficulty and a tight chest. He's always been very active (did a 70 mile charity cycle ride in his 70th birthday year) Went for some test in November and they took him to hospital just before Christmas and took a litre and a half of fluid from his right lung. Took samples for biopsy and sent him home after 5 days.

Took him to see the consultant yesterday and got the results. Unfortunately he's got Mesothelioma, asbestos related cancer of the lung. It's incureable and they have said on average, at this stage of the desease he may have 6-12m. He was a plumber for the first 20 years of his working life and worked for the corporation, regular work with asbestos pipe, guttering and boiler lagging etc etc.

He's 80 in May so we have counted our blessings that the condition has taken this long to take hold. He could have gone in his 40s, 50, 60s and missed the grandkids growing up etc.

So - not the best start to 2012 and we have some planningto do. He is having a quick dose of radiation next week so we'll get that over and see what happens in the next few weeks. Lost my mum two yeas ago so they'll be together again soon - god bless.

Falco9 · #2 Post by **Falco9** » Fri Dec 30, 2011 9:44 am

Sorry to hear that Dave, little anyone can say that will make 2012 a more positive time for you. I'm sure you'll cherish the time you have left with each other though and make the most of each day

All the best and try to keep positive mate

Rich

D-Rider · #3 Post by **D-Rider** » Fri Dec 30, 2011 10:04 am

Really sorry to hear this Dave. I know the time left with him won't be easy but make the most of it and add to the good memories you already have.

Best wishes and prayers for you, your family and your Dad.

Andy

Aladinsaneuk · #4 Post by **Aladinsaneuk** » Fri Dec 30, 2011 11:13 am

My thoughts are with you and your family

please feel to PM me if i can help in any way
(Hard though it may be to believe but I am a nurse...)

DavShill · #5 Post by **DavShill** » Fri Dec 30, 2011 11:55 am

Thanks for the good wishes and kind words, it's appreciated. Thanks Pete I appreciate the offer.

Samray · #6 Post by **Samray** » Fri Dec 30, 2011 12:03 pm

I hate this aspect of Christmas, always seems to happen then.
Sorry to hear Dave, thinking of you and yours.

flatlander · #7 Post by **flatlander** » Fri Dec 30, 2011 1:13 pm

I concur with all the above matey sorry to hear your news

MartDude · #8 Post by **MartDude** » Fri Dec 30, 2011 2:48 pm

That's a bummer.

Be glad for the life you've had together, and make the most of what remains.

My thoughts and prayers are with you and yours

TC · #9 Post by TC » Fri Dec 30, 2011 4:40 pm

I really am sorry to hear about your Dad. I am pretty sure that my Mother dies of Meso, but this was in the days before I knew anything about industrial diseases.

I spent some time working in Industrial Disease related law, and meso is probably the worst anyone can get.

However, on the plus side, Mesothelioma is an industrial disease, and although he may have been exposed to it 50+ years ago, a claim can still be submitted and it is worth a substantial amount.

It only has to be proved that he was exposed to asbestos in one of his previous occupations, and the claim is home and dry, but the life time work history statement needs to be obtained as soon as possible, and the case can be funded under a no win no fee or under legal expenses insurance.

My firm does not deal with industrial disease, but I know someone who does.

Value of claims is often around the £100,000 + depending on age, and Master Whittacker at the RCJ who deals and is responsible nationally for judgements in Meso cases, does not suffer defending companies easily.

Even though your dad may have been exposed by a company that no longer exists, many had employer liability insurance which is still valid, or if they have been subsequently been taken over, then the new firm becomes liable.

So don't feel that time or age since exposure is against your dad, quite the contrary.

They are not easy cases, but once exposure and therefore liability has been established, they are straightforward.

If I can be of help, PM me with a contact number and I will be happy to call and have a chat, even if it is only to offer you advice.

As I say, I have been involved in quite a few Meso and asbestos related cases in the past.

PS. Your Dad is also able to claim under Pneumoconiosis Etc. (Workers’ Compensation) Act 1979

This does not affect any industrial disease claim he may make, but he is entitled to make the claim now he has the diagnosis and the payout is quite quick.

You can read more here

http://www.direct.gov.uk/en/MoneyTaxAnd ... /DG_186001

As I say, PM me with a phone number and I will be happy to give you a call if you think I may be able to help

DavShill · #10 Post by **DavShill** » Fri Dec 30, 2011 4:55 pm

Thank you TC that's really helpful. The consultant recommended we speak to a solicitor as the cause is 99.99% due to asbestos. Dad's work history is also clear-cut, working for the council/corporation on housing estates and schools at the time they were using, installing and lagging with asbestos, including hand mixing blue asbestos.

He's had a great life and we don't expect any significant compensation but if some is due it will certainly help with the cost of care and home support in the later months.

Thanks again to everyone.

Just been to see him and he's in good form and in fine spirit.

fastasfcuk · #11 Post by **fastasfcuk** » Fri Dec 30, 2011 5:08 pm

really sorry to hear your bad news dave, no words are going to make it easier for you and your family. my thaughts are with you and your family.

Aladinsaneuk · #12 Post by **Aladinsaneuk** » Fri Dec 30, 2011 5:27 pm

re the cost of home and care home fees

if dad is palliative care - and he would be, he would meet the criteria for continuing care where everything is paid for by the state

I would suggest doing a social services referral and getting a macmillan referral asap

oh - continuing care is not means tested either....

TC · #13 Post by TC » Fri Dec 30, 2011 5:38 pm

DavShill wrote:Thank you TC that's really helpful. The consultant recommended we speak to a solicitor as the cause is 99.99% due to asbestos. Dad's work history is also clear-cut, working for the council/corporation on housing estates and schools at the time they were using, installing and lagging with asbestos, including hand mixing blue asbestos.

He's had a great life and we don't expect any significant compensation but if some is due it will certainly help with the cost of care and home support in the later months.

Although your fathers health is the most important thing, despite his age, the value of his claim will be a minimum of £50,000, but most cases settle in the region of around £200,000

Bear in mind, that a claim for palative care can be made, as well as any members of the family who care for him on a full time basis. Cost of home support and care is part of the deal but does not come off his compensation.

Blue asbestos was without doubt the worst, used to be used a lot in marine engineering.

His claim should be straightforward as it can be proved he was exposed whilst working for the council, and you only have to prove one employer caused exposure, and then it is up to them to trace others if they are not prepared to be held fully liable, although as part of the case all employers will be investigated.

The only person he will not be able to claim against will be the Military.

Many servicemen were exposed to asbestos during their national service, but under the crown proceedings act, they become exempt if they served prior I believe to 1986, in which case any exposure after that date can be claimed, but if served prior to that date, then the military will be exempt as I say.

However if someone served in the merchant marine, for example aboard the old cruise and cargo ships which was riddled with asbestos, then the merchant marine is liable as well.

Make sure you get someone who specialises in industrial diseases.

It is very specialised area of law, and a normal personal injury solicitor is not qualified to deal with these cases, and there are a couple I would recommend you steer clear of in particular.

#14 Post by **mangocrazy** » Fri Dec 30, 2011 5:55 pm

Really sorry to hear about this Dave, as others have said - enjoy time with him while he's still around. At least you've had 'notice' of his leaving you and you can prepare to a degree, although nothing ever fully prepares you for the loss of a parent, even when you can see it coming.

randomsquid · #15 Post by **randomsquid** » Fri Dec 30, 2011 6:22 pm

Sorry to hear that Dave, there's nothing worse than a loved one being seriously ill.