Court awards compensation to include chemotherapy not available on the NHS
11 September 2006
Law firm, Field Fisher Waterhouse LLP has won a £400,000 damages
payout in the High Court for a carpenter who is battling for
survival against asbestos-related cancer. The agreed award to
father-of-two Amarjeet Singh Dahele, aged 52, of East London, is
believed to be one of the highest ever made in such a case.
Whilst working on three tower blocks in Stratford, East London
between 1975 and 1977, Mr Dahele was regularly exposed to asbestos
dust and fibres. He was required to saw and drill asbestos
sheets and was showered with asbestos-laden dust and debris as
scaffolding was removed from above him.
Mr Dahele was diagnosed with Mesothelioma - a cancer of the
lining of the lungs, only caused by exposure to asbestos. It is
amongst the most difficult cancers to treat and the disease is
notorious for its slowness to develop and for the agony suffered by
its victims.
Mr Dahele had received Pemetrexed (Alimta) and Cisplatin
chemotherapy at St Bartholomew’s Hospital, London but had been told
by his treating consultant Dr Jeremy Steele, director of Bart's
Mesothelioma Research, that although a further course would be
beneficial it would not be available on the NHS. As a result, his
lawyer Harminder Bains included the cost of obtaining it via the
private sector in the court action.
Acting for Mr Dahele, law firm, Field Fisher Waterhouse sued the
company for which he worked as a carpenter at the time - Thomas
Bates and Son Ltd, of The Old Brick Works, Romford. The
company admitted liability after cross-examining him at his
home. At court the company conceded Mr Dahele's claim for
nursing care and equipment in the sum of £18,593.26, the cost of
private chemotherapy treatment in the sum of £20,000 and in respect
of the lost years claim a reduction of 25% rather than the usual
50%.
Mr Dahele’s lawyer, Harminder Bains of
Field Fisher Waterhouse comments: “This is one of the highest
awards in this type of claim and clearly illustrates the reasons
why victims of asbestos disease should make claims for
compensation. Mr Dahele will now be able to pay for chemotherapy
which is not available to him on the NHS and it will also assist in
looking after his young family which is of great comfort to
him.”
For further information please contact:
Harminder Bains of Field Fisher Waterhouse LLP on 020 7861
4274.
If you would like to find out more information about our
Personal Injury Practice, please visit our personal injury
section. You can also learn more about our expertise in
asbestos related claims.