Italian chef got mesothelioma from asbestos in the oven and ceiling

(Photo from the New York Daily News)

The Salisbury Journal reports that Luigi Pes, a retired chef whose time spent near pizza ovens with asbestos seals in the kitchen and an asbestos ceiling in the storeroom of a Salisbury restaurant resulted in malignant mesothelioma, was awarded "a six figure sum in compensation after he was diagnosed with terminal mesothelioma." 

On July 5th, the Journal wrote an article on Mr. Pes' mesothelioma lawsuit, which ended with an out of court settlement in the plaintiff's favor. Mr. Pes' case is a compelling one:

Luigi Pes, 60, worked at the former La Gondola restaurant in Fisherton Street until 2001. During the 1980s he was exposed to asbestos both in the seals of the pizza oven and in a storeroom where the ceiling contained the hazardous material. 

Mr. Pes says he was not warned about the dangers that asbestos could pose to his health and in February 2008 he was diagnosed with mesothelioma, a cancer of the lining of the lungs.

A piece of asbestos ceiling tile. Mr. Pes was exposed to asbestos through oven sealant and asbestos ceiling material.

After receiving the news of his mesothelioma compensation, Mr. Pes told reporters: 

“For many years I worked there with no idea about the damage asbestos could do to my health. In later years when I became aware about the dangers of asbestos, I had an idea that I had been exposed but I never expected that I would end up with this disease. 

“Despite my progressive illness and the restrictions it brings, I’m doing my best to enjoy each day I have left. I’m not angry but I do feel strongly that more should have been done to protect me from getting this disease.”

The site of Mr. Pes' fatal asbestos exposure is no longer open to the public: La Gondola restaurant was sold to new owners in 2001 and closed in 2005.

Though we are glad Mr. Pes survived to see justice served and to receive the monetary compensation he deserved, we cannot truly celebrate, as there are few happy endings when it comes to mesothelioma. We wish Mr. Pes and his family all the best, and sincerely hope he continues the trend of longer mesothelioma survival rates.

Mesothelioma lawsuit ends in favor of late Welsh electrician's family

Aberthaw Power Station, where Mr. Vaughan worked for 32 years. (Photo courtesy of RWE npower)

The family of John Vaughan, a Welsh electrician who died of mesothelioma which he developed from asbestos exposure during his thirty two years at Aberthaw Power Station, were awarded “substantial compensation following a lengthy legal battle," according to the South Wales Echo.

Mr. Vaughan was 71 at the time of his death from mesothelioma. He left behind his wife Glenys, their three children, and six grandchildren. The Echo reports that Mr. Vaughan was exposed to asbestos while working at Aberthaw Power Station, which at the time he worked there was run by the Central Electricity Generating Board (CEGB). It is now run by RWE npower, the company against whom Mr. Vaughan's survivors filed a mesothelioma lawsuit. 


Many power plant employees have been exposed to asbestos, and Mr. Vaughan was exposed to asbestos dust "as he worked alongside laggers who were handling asbestos insulating materials." 

Llantwit Major coastline. (Photo courtesy of Baker-Lite)

Mr Vaughan, of Llantwit Major in South Wales, retired from Aberthaw Power Station 1992. His family said during his retirement, Mr. Vaughan enjoyed "walking, golf and family holidays." He began experiencing mesothelioma symptoms in late 2007, and was diagnosed with mesothelioma over a year later. The prognosis was six months to live.

The Vaughans filed a claim for compensation, but Mr. Vaughan died before anything was settled. Mr. Vaughan's widow Glenys pursued her late husband's claim in court, and was just recently awarded "an unspecified amount in an out-of-court settlement."

Mrs Vaughan told reporters: 

“My husband suffered terribly all because he dedicated himself to his job. He took great pride in working hard and making sure that, whatever project he was working on, he did it perfectly. In the end his hard work and dedication ultimately ended his life. 

“He was determined to pursue compensation because he wanted to make sure that his family were provided for. We’d much rather have him here beside us but we know that he’d feel vindicated that his employers have admitted responsibility for his death.”

Vindication and compensation: mesothelioma sufferers and their families deserve no less.

Edna White's family wins mesothelioma compensation, thanks to former coworkers

(Left: Edna White, around the time she worked at Lorival Plastics. Right: Edna with her grandchildren.)

In the United Kingdom as it is here in the United States, millions of people who worked in mills, plants, factories, construction sites, shipyards and in maintenance and repair were exposed to asbestos. The late Mrs. Edna White was one of those exposed to asbestos, which her family believed--and as the court recently ruled--happened while Mrs. White worked at Lorvial Plastics in Bolton (near Manchester) in the 1960s.

In an article last year, Mrs. White's daughter Jill Blake asked her mother's former coworkers to come forward with more information about Mrs. White's time at the Lorival Plastics:

Her daughter, who was a child when her mother worked at Lorival Plastics, wants to know exactly which job she did there. 

It is believed asbestos was used in the factory, which specialised in injection-moulded plastic products, to manufacture toilet cisterns and Mrs Blake believes she came into contact with it there.

In the 2010 article, Ms. Blake noted that her mother died of mesothelioma at the age of 68 in 2009, and that this did not have to be the case:

"She was so active before she was diagnosed with mesothelioma. ...A consultant who treated her said she would probably have had another 20 years if she had not had this disease - and that hurts."

Ms. Blake's efforts on behalf of her mother paid off:

Several people came forward to tell the family about Mrs White's work and contact with the deadly material [while] she was employed by the Little Lever company, which no longer exists, in the 1960s.
The information has brought Mrs White’s family justice, as well as answers as to how their mother came into contact with asbestos, as their legal battle has now been settled.

Anthony Bolton, identified in The Bolton News' April 6, 2011 article on the verdict in favor of Mrs. White's

 surviving family, said of the effect Ms. Blake's plea for help had on the case:

“Edna worked as a time and motion monitor.When her family first approached us for help we had no first hand information about her work history or working conditions at Lorival Plastics. 

“But following a witness appeal in The Bolton News we were contacted by several people, including one star witness who proved invaluable to the progression of the case. 

“Although nothing can make up for their tragic loss, Edna’s family now have the closure they need to move on and rebuild their lives.”

 Edna White's family sought help from both the community of Bolton and Little Lever, and from a mesothelioma lawyer. No one could give Mrs. White's family what they really wanted--twenty more years with their mother and grandmother--but, in Ms. Blake's words,

“It’s good to have answers but it’s been mixed feelings really, we are still dealing with our loss. It shows The Bolton News readers really can make a difference and we are very grateful.We hope this will encourage other people to answer appeals and raise awareness of asbestos and its impact.” 

We are glad that Mrs. White's family received the mesothelioma compensation they deserve, and we hope that all victims of asbestos exposure continue to explore their legal rights and asbestos legal options.

 

British mesothelioma victim settles out of court

The Northern Echo reported last week that 86 year old mesothelioma patient Cyril Faulkner received an out-of-court settlement from his former employers, Hawkins and Holmes Limited.

Mr. Faulkner, who worked as a plumber for Hawkins and Holmes from 1961 to 1973, was diagnosed with the fatal cancer in 2008, and with this settlement, will now be able to cover the costs of his mesothelioma treatments.

As quoted in the Echo, Mr. Faulkner's reaction to the outcome was one of mixed emotion:

“I was devastated when I found out that I had developed mesothelioma. For years, I loyally worked for this company and, all along, they would have known and understood that I was working with such a dangerous material, but yet did nothing to stop me from inhaling the asbestos dust.

“I’m relieved that Hawkins and Holmes has now been brought to justice for the blatant disregard which it has shown me and my colleagues who also would have been exposed to asbestos.”

As in the States, the people hit hardest by mesothelioma are those who were exposed to asbestos in the workplace. This group includes plumbers, like Mr. Faulkner, but considering the prevalence of asbestos use in the construction and insulation of buildings, cars, and boats, very few tradesmen in the 20th century would have been totally safe from asbestos' toxic fibers and dangerous dust.

"Blatant disregard" was Mr. Faulker's phrase for his employers' attitude towards him and his co-workers. Not malice, not an intent to destroy lives; just a callousness that allows decision-makers to gamble with others' lives. For all the strides made in technology and business, lawsuits such as Mr. Faulkner's have shown how slow human nature has been to catch up with those advances.

Mesothelioma lawsuits like Mr. Faulkner's show both the inhumane mentality that allows one man or group of men to disregard the lives of another, and the power of one man, with a dedicated team of lawyers, to battle that callousness, and tip the scales of justice back toward the balance we strive to keep.

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