Settlement in Mesothelioma Claim Against Council for Former Art Teacher

A former art teacher has been awarded a significant six-figure settlement, having been

negligently exposed to asbestos dust during a period spanning over 20 years, whilst working at schools in Norfolk from the 1980’s onwards.

Bruce Rushin worked at “system built” schools (schools constructed using prefabricated industrialised components), in which Asbestos Containing Materials (ACM’s) were widely use in their construction. Steel columns and frames in the schools were insulated with Asbestos Insulation Board and ACM’s were also used extensively within warm air cabinet heaters, on pipework, heating plant and other surfaces including ceiling tiles and wall panels. During his teaching career at the schools, Bruce was exposed to asbestos as a result of the disturbance and release of asbestos fibres from damage caused to asbestos panelling locating on walls, ceilings, panels above doors and below windows in classrooms, corridors and stairways. Bruce believed that the asbestos had deteriorated through age, vandalism, wear and tear, leaking roofs and a general lack of maintenance or adequate asbestos management. Further exposure to asbestos took place when Bruce pinned up pupils’ artwork for display on asbestos notice boards and on asbestos panelling. Asbestos was also found in the kiln that Bruce regularly used during art lessons. Construction work also took place in the schools, leading to further exposure to dust and debris.

Bruce started to suffer from shortness of breath and investigations including a biopsy led to the diagnosis of Mesothelioma. He sought advice and assistance from the London Asbestos Support Awareness Group and then instructed Isobel Lovett at Hodge Jones & Allen solicitors to pursue a claim on his behalf. However, it was not until over 12 months after the claim was notified to them that Norfolk County Council finally admitted breach of duty, after court proceedings were underway in the High Court, London.

Following updated medical evidence and financial loss assessment, extensive negotiations took place, leading to a financial settlement with added provision for future costs of private medical treatment not available on the NHS, to be paid for by the Council, if Bruce requires it.

Bruce found his diagnosis and subsequent symptoms and side effects from immunotherapy and chemotherapy treatment, very hard to deal with, suffering from extreme tiredness and fatigue and leaving him unable to continue with the artwork that he so loved to create.

Bruce commented :- “I couldn't have managed to cope without the support, love, care and positive attitude of my wonderful wife ( who also managed to complete her PhD in the time that I was having chemotherapy!) The care I have received at the Norfolk and Norwich Hospital has been exceptional along with the support of the Big C charity where I have the opportunity to meet other lung cancer patients and share our experience.

LASAG and Louise have been a massive support from the date of my diagnosis and Isobel Lovett and the team at Hodge, Jones and Allen have done a brilliant job in fighting for my settlement, which will give my wife and I much needed financial security and support if I need further specialist treatment.

I would just like to say that for other people faced with a life-changing diagnosis like mine, it is essential to take all the support that you can get from charities like LASAG and Mesothelioma UK, and, if appropriate, the services of a legal firm like Hodge, Jones and Allen.”

Isobel Lovett added: “This was a difficult claim as it involved relatively low-level exposure to asbestos over a period of time. However, there was no doubt that the cause of Bruce’s mesothelioma was his work as a teacher in school buildings containing asbestos materials which were damaged. Thankfully, once the court process was underway, the Council accepted liability and made Bruce an interim payment. The final settlement includes a commitment to pay for any non-NHS funded treatment which Bruce may need for his mesothelioma in future, which increases his treatment options.

On settlement of the claim, the Council’s solicitors conveyed the Council’s regret that Bruce had been put in this position, through just doing his job and through no fault of his own. In my experience, it is unusual for Defendants to express any such sentiment, but it was some comfort for Bruce to hear this. He was a dedicated teacher who loved his work and never imagined having to sue his employer for what is a preventable illness”