Family secures £250,000 damages in groundbreaking asbestos case
In a case that breaks new legal ground in Scotland, a family from Paisley has secured damages of £247,000 after losing their mother to the deadly asbestos disease mesothelioma.
This is the first time is Scottish legal history where a case has been successfully pursued on behalf of someone who suffered from secondary exposure to asbestos from their spouse’s clothes.
Mrs Adrienne Sweeney who died in 2015 was exposed to asbestos after coming into contact with dust from her husband’s work overalls. Her late husband William Sweeney had worked for Babcock & Wilcox Limited at their boiler-making factory in Renfrew. He brought his work clothes home to be washed by his wife, a common-place activity in many homes at the time. As a result Mrs Sweeney was exposed and suffered cruelly with the terminal condition of mesothelioma.
Mr Sweeney had passed away some years earlier so Mrs Sweeney’s family were left in the difficult position of proving their case with their dad not there to provide evidence of the working conditions at Babcock’s. Crucial to the case was the evidence of a former colleague, who himself died before the hearing.
Speaking on behalf of her family, Mrs Sweeney’s daughter Kay Gibson said: “We are pleased that our case against Babcock International was successful. Most importantly this gives our late mother the justice she wanted in life and that we sought on her behalf after her painful and unnecessary premature death.
“Our loving mother like so many other women in Scotland in the late 1960’s and early 1970’s supported her family by caring for her children and washing her husband’s overalls when he returned from a hard day’s work for employers who used deadly asbestos. These women like our mother were unaware how unsafe it was to be handling the asbestos dust that came from these work clothes or of the contamination risk to their own and their families’ lungs.
“We her children await to see if we will suffer the same fate. Babcock International have not won their case but is it wrong that ordinary bereaved families still have to individually battle the might of global corporations for justice for their late relatives in such situations.”
The family’s lawyer Nicola Macara from Thompsons Solicitors said: “It is very regrettable that Babcock International Limited made the family go through the full court process hoping that, with all those central to the case being dead, they would successfully defend the action. Fortunately we were able to lead credible and reliable evidence as a result of having taken both Mrs Sweeney’s and the late witness’ statements.
“This landmark case is a very positive outcome not only for the Sweeney family but for all Scots fighting to ensure that justice is done for sufferers of asbestos-related disease.”