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Tuesday, 16th March 2010

Test case crucial for tragedy family

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Published Date: 06 June 2008
A FAMILY who have suffered a double tragedy through a deadly disease are keeping a close eye on a crucial test case into compensation.
The Orton family, from Hartlepool, lost two loved ones to mesothelioma, an illness caused by exposure to asbestos.

E-mail mark thompson

Now they are paying close interest in a test case which could see compensation from insurance companies stopped for the 2,000 victims who are diagnosed with the disease each year.

The family did receive compensation when father and son Harry Gray, 67, and Stephen Gray, 45, were exposed to asbestos while working as laggers.

Both died from the lung lining disease.

But Stephen's daughter and Harry's sister, Carole Orton, 40, is determined to keep fighting for justice for the thousands of victims who may not yet know they have the disease, which can lie dormant for up to 40 years.

Carole, an auxiliary nurse for Hartlepool Primary Care Trust, from Clavering, said her family have been "deeply saddened" by the current court case.

She believes compensation is vital to the families left behind after the disease has done its damage.

She said: "My brother was awarded his compensation when he was still well enough to enjoy it.

"This enabled him to enjoy holidays and short trips with his family but his two young children were only aged four and 15 months when their daddy passed away.

"He was able to buy a family home so he knew his children would be settled before he left them.

"We as a family strongly believe all asbestos victims or their families should be awarded some form of compensation as quickly as possible after diagnosis. Employers and their insurers should accept liability and pay out, because they have been aware of the link between asbestos and numerous health problems for decades."

A nine-week high court battle is now under way between the family of Michael O'Farrell, who died in 2003 from the disease and Excess Insurance.

He came into contact with asbestos as a steel erector for Humphreys and Glasgow between 1964 and 1967.

The family were awarded £152,000 in compensation by a county court but the insurers have refused to pay up.

They say the insurance policy is triggered when the disease developed and not when the person was originally exposed to asbestos.

The company is now in liquidation, so the insurers say there is now no policy in place because they no longer cover the company's public liability.

The Orton family have set up the Harry and Stephen Gray Mesothelioma Snowdrop Memorial Fund, to help raise money for research into the disease which experts estimate could kill 250,000 by 2029.
Anyone willing to help can call 07811 466242.

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  • Last Updated: 06 June 2008 3:01 PM
  • Source: n/a
  • Location: Hartlepool
 
 
 


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