John Davey v 00017518 (formerly known as Shaw-Saville and Albion Company Limited)

Apologies for the lack of posts recently. After a flurry of reported cases at the start of the year, nothing post-worthy has happened in the last few weeks.

The post below is about a case in which Aliyah Akram obtained a PSLA award of £90,000 in respect of a man who died of mesothelioma at the age of 88, having been diagnosed at 86.

As Master Davison’s judgment was ex tempore, we don’t have a written judgment to share with you. But we are told that the case will be reported on Lawtel soon and accordingly will be available to use as a comparator.

An award of £90,000 for pain, suffering and loss of amenity was made where the deceased had suffered from of mesothelioma for around 3½ years.

The deceased contracted mesothelioma as a result of his exposure to asbestos while working as a scaler engaged in ship repair at the Royal Docks in East London between 1948 and 1971.

Although aged 86 years old at the time of his diagnosis, the deceased had been an otherwise healthy, active man. As a result of the mesothelioma, he suffered from breathlessness and developed a massive pleural effusion on his left lung.  He underwent a talc pleurodesis and an intercostal drain was inserted.  His other symptoms included a persistent cough, swelling of his ankles and severe chest pain.  He lost weight in a dramatic fashion.  For the last 18 months of his life he was unable to go out independently and towards the end of his life his disability and pain became very severe.  He suffered significant anxiety as a result of his prognosis.

The deceased’s life expectancy was reduced by 4.4 years.

Master Davison noted that the deceased had been predominantly nursed by his family and had been able to die at home and so the claim fell below the very top of the bracket (£95,700) but merited an award of £90,000.