Date published: 01.09.08 - not release date

Court awards compensation to include chemotherapy not available on the NHS

Law firm, Field Fisher Waterhouse LLP (FFW) 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 Doctor 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, Harminder Bains, his personal injury lawyer, included the cost of obtaining it via the private sector in the court action.

Acting for Mr Dahele, FFW 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 received in total the sum of £400,000 for his asbestos compensation claim.

Mr Dahele’s lawyer, Harminder Bains in the Personal Injury Practice 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.”

About Field Fisher Waterhouse LLP
Field Fisher Waterhouse LLP is a full service law firm based in the City of London. It also houses one of the country's leading personal injury practices.

For further information please contact:
Harminder Bains (harminder.bains@ffw.com) (020 7861 4274) Field Fisher Waterhouse LLP.
Rodney Nelson-Jones (Rodney.nelson-jones@ffw.com) (020 7861 4022) Field Fisher Waterhouse LLP.