Supporting a terminally Ill client through a mesothelioma compensation claim in Ireland

Mesothelioma compensation claim case background

Our client, a man in his late seventies, came to Philip Treacy at Coleman Legal after being diagnosed with mesothelioma, an aggressive and incurable cancer of the lining of the lungs caused almost exclusively by exposure to asbestos. He had been exposed to asbestos in the workplace over a prolonged period during his working life, beginning when he was in his mid-twenties.

Decades later, the diagnosis confirmed what many occupational disease cases of this nature ultimately reveal: that the exposure had caused irreversible harm. Our client was terminally ill. He wished to resolve his mesothelioma compensation claim against his former employer as quickly as possible and instructed Coleman Legal to act on his behalf without delay.

How we supported our client through the process

Philip Treacy recognised from the moment of first instruction that the standard timetable for personal injury litigation was not appropriate in these circumstances. Our client was gravely ill, and every stage of the case was approached with that reality at the forefront.

The legal basis of the claim rested on the employer’s duty under the Safety, Health and Welfare at Work Act 2005 and its predecessor legislation to provide a safe system of work and to protect employees from exposure to known occupational hazards, including asbestos. Asbestos has been a regulated substance in Irish workplaces for decades, and employers in industries where asbestos was prevalent carried a clear and well-established duty to safeguard their workforce. The defendant employer admitted liability.

Independent expert evidence was instructed to support the mesothelioma compensation claim, addressing the diagnosis, the prognosis, and the causal link between the workplace exposure and the development of Mesothelioma. The value of our client’s claim was prepared and quantified with expert input, including his pain and suffering, the psychological impact of a terminal diagnosis, and the consequences for his quality of life.

With liability admitted and the evidence in place, Coleman Legal pursued a resolution through mediation. Mediation offered the most efficient route to a concluded settlement, avoiding the delay of High Court proceedings while ensuring our client’s interests were fully represented and protected throughout the process.

The Statute of Limitations Act 1991 provides that in cases of latent disease, the limitation period runs from the claimant’s date of knowledge, the point at which they knew or ought reasonably to have known that their condition was attributable to the workplace exposure. This provision is central to mesothelioma and occupational disease claims in Ireland, where the gap between initial exposure and diagnosis can span many decades.

Outcome and resolution

Within nine months of the commencement of our work, we successfully reached a settlement on behalf of our client by way of mediation for €275,000, with liability admitted by the defendant, nine months after Coleman Legal received its first instructions. The matter was resolved in our client’s lifetime. Philip Treacy of Coleman Legal represented our client throughout. Philip noted: “From the time of receiving first instructions, we were aware of the need for expediting the matter. We ultimately successfully concluded the whole case by way of Mediation for our client, who was terminally ill in 9 months.”