Dying man sues health bosses

10:06pm Thursday 29th November 2007

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A DYING man who claims he developed terminal cancer after working at hospitals in Burnley and Pendle is suing his former employers for compensation.

Walter Wally' Brimelow, 75, could have just six months to live after developing malignant mesothelioma, a terminal cancer of the tissues surrounding his lungs or abdomen, according to a writ issued at London's High Court.

The writ says that Mr Brimelow was exposed to asbestos when he worked as a maintenance builder at Burnley General, Victoria, Bank Hall, Hartley, and Marsden hospitals over a 20-year period.

Mr Brimelow, of Holcombe Drive, Burnley, is seeking damages of up to £200,0000 from East Lancashire Hospitals NHS Trust, which took over responsibility for the hospitals when it was formed.

The writ says that Mr Brimelow worked in areas containing boilers and pipework lagged with asbestos, which he stripped off, as well as in service ducts in the hospitals.

It says that he and his colleagues could not avoid brushing against asbestos, which liberated dust and fibres, and he worked with brickwork containing asbestos expansion joints which were crumbling and dusty.

He is also said to have removed asbestos rope from boiler doors, and to have come into contact with further asbestos lagging which was used in toilets and on pipework at Burnley General Hospital had asbestos lagged pipework, the writ says.

He says the health authority negligently exposed him to a risk of injury, failed to warn him of the risks he ran, failed to damp down dry asbestos, and failed to give him effective protective equipment.

The writ says that he was diagnosed as suffering from mesothelioma in June this year and has undergone radiotherapy and chemotherapy.

However, it says he he knows that his condition is incurable and that he is expected to live less than a year with a significant chance that he could die by next February.

Mr Brimelow was unavailable for comment about the claim.

Mrs Lynn Wissett, Director of Clinical Care and Governance at East Lancashire Hospitals Trust, said: "The Trust can confirm that we have received correspondence from a legal representative relating to employment between 1967 and 1987.

"This relates to a time period before the formation of East Lancashire Hospitals NHS Trust.

"The Trust is working with other organisations to provide the necessary information and is unable to comment further during ongoing legal proceedings."