WE Solicitors have successfully represented a client who was diagnosed with an extremely rare form of mesothelioma called tunical mesothelioma. Mesothelioma of the testicle occurs when the disease is found in the tunica vaginalis, a thin membrane that surrounds, protects and insulates the testicles. The tunica vaginalis is similar to the lining of the chest and abdominal cavity in that it is made up of mesothelial cells and it has two layers, a visceral (inner) layer and a parietal (outer) layer located in the testis. There have been fewer than 230 instances of this condition recorded worldwide and indeed this type of mesothelioma accounts for only 1% of all mesothelioma cases in the UK.

Our client first contacted us having undertaken an operation to remove the testicle following months of pain and discomfort.  His wife undertook research on the Internet and contacted us to see if we would assist him in any way.  Due to the nature of his injury he was refused the usual benefits and payments from the Government including a payment under the Pneumoconiosis Workers Compensation Act 1979 and Industrial Injuries Disablement Benefit.

Our client was a retired joiner who had worked with asbestos in his apprenticeship to become a coach builder.   From 1963 he was employed with Spen Valley Coach Builders in West Yorkshire where he was employed cutting and sawing asbestos insulating boarding for the body work of vehicles. Later he was employed by the High Royds Hospital in West Yorkshire where he was part of the maintenance team.  He came into contact with asbestos throughout his employment at the hospital.

The defendants denied causation and argued that the mesothelioma was not asbestos related.  The claimant relied upon the evidence of one of world’s leading experts who confirmed that although the condition was rare there were studies linking asbestos exposure to tunical mesothelioma.  At a hearing at Manchester High Court in October 2014, the court ordered the defendants to set out their grounds for the denial.  The court, having considered the evidence, found in favour of the claimant. Thereafter the case was settled without a trial for a significant six figure sum.

Steven Evans the partner who handled the case said, “I am extremely happy  we have been able to help this gentleman.  Despite having this rare form of mesothelioma he has shown great courage in pursuing the claim despite suffering ill health.  He faces an uncertain future as there as so few people diagnosed.  When I gave him the news of his settlement he was overcome and said he expected nothing like the sums we obtained for him”.

If you have been affected by mesothelioma or another asbestos condition please do not hesitate to contact Steven Evans on 0800 294 3065.