Sick man settles case against asbestos firm

An action by a man who claimed he suffered severe personal injuries after working with asbestos and asbestos-related materials…

An action by a man who claimed he suffered severe personal injuries after working with asbestos and asbestos-related materials several years ago was settled while at hearing at the High Court yesterday. The terms were not disclosed.

A doctor told the court that his prognosis for Mr William Murphy (49), a father of three, of Kildare Road, Crumlin, Dublin, was for a very limited life expectancy.

Mr Murphy had sued Cape Ireland Ltd, industrial insulation and asbestos removal contractors, of Lansdowne Road, Dublin. He had worked with the company from 1965 to 1970 and from 1971 to 1975.

Mr Murphy said he began working with the company at the age of 15 as an apprentice layer and in thermal insulating engineering. He claimed that he mixed material for the insulation process with his bare hands. In July 1997, Mr Murphy attended his GP after noticing he wheezed and experienced loss of breath while doing physical work and was feeling very tired. He had X-rays and also underwent various medical tests and treatment.

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Liability was admitted in the case but there was an issue as to the nature of Mr Murphy's medical condition and whether he had asbestosis or mesotheliome.

However, shortly after the case opened yesterday, Mr Joseph Finnegan SC, for Mr Murphy, told Mr Justice Smith that the action had been settled and could be struck out.

In evidence, Mr Murphy said up to the time he left the company after his first period of working there, he was not given a respirator or protection. It had never been thought about. Throughout his working life, he had never had a health problem, he said. His breathing was now bad and he suffered discomfort when fluid built up in his lung. He had to have his lung drained a number of times. He tried not to worry and he and his wife tried to carry on as normal but he had to give up work.

Dr Luke Clancy, a consultant at St James's Hospital, Dublin, said Mr Smith was referred to him on July 31st, 1997. His prognosis was that Mr Murphy's life expectancy was very limited.