Widow of teacher exposed to asbestos in school receives huge payout

Widow of teacher exposed to asbestos in school receives huge payout

The wife of a retired school teacher has received compensation after her husband was exposed to asbestos in school.

Brain Shaw was a former music teacher at Leicester Grammar School.

He had taught at the school for 21 years right up until 2012.

Brain died 4 years after his diagnosis.

Solicitors Slater and Gordon took on the case.

After investigation, they came to the conclusion that Mr Shaw was probably exposed to the asbestos in school following a refurb on the music room in 1985.

They believe asbestos wasn’t removed from the piping.

Brain Shaw - Widow of teacher exposed to asbestos in school receives huge payout

Couple pursue legal case

The couple decided to pursue a case against Leicester Grammar School Trust following Mr Shaw’s diagnosis.

They were convinced that Mr Shaw’s terminal illness was attributed to his exposure to asbestos in school.

After his death in 2015, Mrs Shaw continued to pursue the case on his behalf.

She said in an interview:-

“I will always remember the night he returned after seeing the doctor.

We had been previously attending the hospital as he felt as though there was a rattle in his chest, something he had never experienced before.

That was the first and last medical appointment he attended without me, and for him to receive that diagnosis alone is a permanent regret.

Bryan absolutely loved what he did. Music and being a teacher was a huge part of both our lives and discovering that the time spent sharing his passion was ultimately going to end his life in such a way was a bitter blow.”

The trust settled the case out of court and Mrs Shaw received a 6 figure payout, the exact amount undisclosed.

School Trust denies any liability

However, even after the pay out, the trust has never accepted any liability.

They say the matter was simply passed onto their insurers to deal with.

Head Teacher of Leicester Grammar School, Chris King, commented:-

“Bryan Shaw, a former teacher at Leicester Grammar School, brought a legal case against the Trust claiming that the cause of his mesothelioma lay in a source in a building occupied by the school prior to 2008.

Exceptionally in such cases, cause and effect do not have to be proven by the claimant.

At no stage did the Trust accept liability and the Trust did not pay any money to the Shaw family.

The matter was passed to our insurance company who we believe settled the case without it going to court.”

Duty holders and employers have a legal responsibility to manage asbestos in their properties, carrying out an asbestos survey in their building so as not to put employees at risk of asbestos exposure.

So make sure you contact our Armco office to arrange an asbestos survey, before it’s too late! 

Whether you need an asbestos management survey, or a refurbishment/ demolition survey, contact us on 0161 763 3727 or by visiting https://www.armco.org.uk/

Finally, for all your asbestos training needs call 0161 761 4424 or visit https://www.armcoasbestostraining.co.uk/to book an asbestos awareness training course.

 

 

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Published Jan 24, 2018
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