Asbestos sufferer awarded £330,000 over fatal asbestos exposure

“I hope that by sharing what’s happened to me, others can get the support and answers they need."

Joe Smith had been retired for just over a year when he received the devastating diagnosis of mesothelioma - a terminal lung cancer caused by inhaling deadly asbestos fibres.

The 67-year-old was exposed to asbestos while working as a mechanic for Midland Bluebird at their workshop in Milngavie in the late 1970s.

For nearly a decade he and his colleagues carried out repairs and maintenance on buses, routinely replacing brake shoes, pads and clutches - all laced with asbestos.

Joe spent years inhaling microscopic asbestos fibres while simply doing his job - a reality faced by many workers of his generation. By the time of Joe’s employment in the 1970s it was well known within the automotive industry that inhalation of asbestos dust and fibres carried a risk of injury or respiratory disease.

In fact, other employers in the UK were already implementing safeguards to reduce risks.

Yet despite this, Joe’s employer failed to provide protective clothing or masks and no warnings were given to employees about the harmful effects of inhaling asbestos fibre.

The family man born and bred in Clydebank recalled: “The dust was everywhere in the workshop.

“You’d have to use a punch and hammer to knock the rivets off the brake pads before replacing them - you can imagine how much dust that kicked up, especially with a few of us doing it at the same time.

“Replacing the clutches was the worst. You had to go underneath the bus into the pit and when you prised open the gearbox, the dust would fall straight down on top of your head.

“We didn’t really know that the asbestos was dangerous, not until much later when health and safety became more of a thing - you’d think to yourself ‘Oh, I've been doing this for years – where was that protection for me?’” 

Before his diagnosis Joe would keep fit by playing golf three times a week with a friend.

But when he started experiencing breathlessness and difficulty swallowing in early 2024 his GP referred him to the Gartnavel Hospital for a chest x-ray and a CT scan which showed two tumours present on his abdomen and a large pleural tumour which was pushing against his oesophagus.

An urgent biopsy then confirmed Joe’s diagnosis of mesothelioma.

Joe said: “I was shocked when they told me - it’s like a silent killer really, isn’t it? I mean for me it must have laid dormant for 30 odd years.

“As much as I’d rather it didn’t happen I can’t go back and change it. Just need to look forward.”

Joe and his wife were out for a walk in Clydebank following the diagnosis when they came across Clydebank Asbestos Group (CAG) - a charity set up in 1992 to help asbestos sufferers and bereaved relatives - and decided to go in to ask for advice.

The charity later referred him to Digby Brown where Gary Ross, Partner in the firm’s Industrial Disease team, led the legal action against Midland Bluebird. 

Gary investigated the retired mechanic’s work history, medical records and worked alongside leading experts to evaluate everything: his prognosis; his potential financial losses; and the possible impact that these losses could have on his future and the future of his family.

Throughout the course of his claim, Joe’s condition deteriorated with the pain in his stomach becoming almost unbearable and hospital visits becoming the norm.

Gary, together with the continued involvement of CAG, ensured Joe and his family were able to access practical help and emotional reassurance during this incredibly difficult time and after months of investigations, Gary was able to secure £330,000 in rightful damages for Joe through a mesothelioma claim.

The 67-year-old said: “I was surprised at how easily my employer gave in when Gary presented them with the evidence – they didn’t put up any sort of fight and I thought ‘They knew they were at fault’.

“In terms of Gary I first met him at the CAG support centre and from the beginning he was fantastic - always very clear with each stage of the process.

“The compensation was a shock and I was genuinely speechless when Gary told me what the bus group offered - I’ve got three kids and seven grandkids so I can give them a more secure future with the compensation.

“My advice to anyone who worked with or thinks they worked with asbestos is go and get checked at the doctors and speak to a legal expert.

“I hope that by sharing what’s happened to me, others can get the support and answers they need."