Lawyers secure damages for family after Leeds joiner’s asbestos cancer death
A Leeds hospice has received a funding boost after specialist lawyers secured a settlement for the family of a joiner who died from asbestos-related cancer.
Kenneth Linley, from Churwell, Leeds, died just weeks after being diagnosed with mesothelioma, a terminal cancer of the lining of the lung most commonly associated with exposure to asbestos, often decades previously.
Prior to his death, Kenneth had instructed expert asbestos-related disease lawyers at Irwin Mitchell to investigate whether his exposure and illness, was linked to his work history. He had been advised to seek legal advice by the charity Yorkshire and Humberside Asbestos Support Group (SARAG).
After the 80-year-old died, his loved ones including wife Lynda, 80, and son Gavin, 45, continued his case.
The family’s legal team went on to secure an undisclosed settlement from Kenenth’s former employers in connection with his diagnosis.
In addition, a previous landmark High Court judgment secured by Irwin Mitchell also meant that costs of £1,472.50 relating to the care that Kenneth received from Sue Ryder Wheatfields Hospice in Headingley could be recovered.
The money has now been presented to the hospice by Kenneth’s family and their legal team.
Dominic Riley, the specialist asbestos-related disease solicitor at Irwin Mitchell representing Kenneth’s family, said: “Hospices provide vital care and support to patients and their families at the most difficult times. We’re pleased to have helped Kenneth’s family say thank you to Wheatfields for looking after him in his final days.
“Hospices continue to face severe funding issues so we hope this donation will go some way towards ensuring Wheatfields can continue to carry out its fantastic work.
“The settlement also brings some form closure to Kenneth’s loved ones after what has been an incredibly distressing period. However, it’s important to remember what happened to Kenneth is another reminder of the terrible legacy asbestos has created with families continuing to be affected years after exposure has taken place.”
During his career, Kenneth, a dad-of-three and granddad-of-three, regularly worked with Asbestolux boards, cutting them with power tools that released asbestos dust into the air.
In April 2023 Kenneth developed a chest infection. He went for a scan in June 2023 following which he was diagnosed with mesothelioma. His condition continued to deteriorate, and he died on 12 August, 2023.
Gavin said: “Dad was a strong, independent man who loved helping around the house and cooking. He and mum were soulmates. They were inseparable and had a great life together. Going to the races was one the favourite things they enjoyed.
“Dad was still relatively fit and strong for his age, so his mesothelioma diagnosis came as a shock. It felt unjust that a man who had worked as a joiner for just short of 50 years, would die because of unsafe working practices he had encountered doing a job that he loved.
“Watching him decline so quickly was devastating. Dad became a shadow of the person he was. He went from the head of our family, and the person we all looked to for help and advice, to someone reliant on others.
“While Dad was only in the hospice for a few days we’ll always be grateful to the care they provided to Dad and the empathy they showed us at such an upsetting and emotional time.
“Nothing will make up for Dad’s death but we’re thankful we’ve got the justice he deserved. I’m sure it would have meant more to him knowing that Mum would be secure financially, as she now continues in his absence.
“However, it’s also important for us to share our story to raise awareness of the dangers of asbestos and how employers need to keep their workers safe. People may think asbestos is a thing of the past but it’s not.”
Jen Wickham, head of hospice fundraising at Wheatfields Hospice, added: “We’re incredibly grateful to Kenneth’s family and to Irwin Mitchell for helping recover the costs of the specialist care Kenneth received in our inpatient unit.
“This contribution will help us continue providing expert, compassionate care to others facing complex conditions like mesothelioma.
“It’s a powerful way to honour Kenneth’s memory and ensure more families can access the care they need at the most difficult time.”