Payout over death

4:10pm Saturday 23rd August 2008

THE widow of a Basingstoke hospital worker who died from exposure to asbestos has been awarded a compensation payout of nearly £200,000.

James Rattray, who worked as a carpenter and joiner in the maintenance department for nearly 30 years, died two days after his 64th birthday, in April 2005, of a type of cancer caused by exposure to asbestos.

In January, South Central Strategic Health Authority admitted Mr Rattray had been negligently exposed to asbestos - and now, more than three years after his death, his widow, 65-year-old Jenny Rattray, has received a compensation settlement.

Although she is pleased the matter has been settled, Mrs Rattray, of Hillary Road, Basingstoke, said: "The only compensation really is that the disease was quite quick, because it can hang on for years. Jim is greatly missed by his family."

She said that her husband became ill with shortness of breath and a pain in his chest while he was recovering from a hip operation just before Christmas 2004.

An x-ray revealed fluid in his lung and, after a special test, Mr Rattray was diagnosed with mesothelioma - a disease caused by exposure to asbestos.

Mrs Rattray said: "Because my husband worked in maintenance, he dealt with worktops, ceilings, and he had to take down water pipes that had to be looked at."

She added that he carried out maintenance work at Park Prewett Hospital, in Rooksdown, before it was closed.

Shortly before her husband's death, Mrs Rattray contacted hospital union Amicus, and Rowley Ashworth Solicitors subsequently took on the compensation claim for personal injury, identifying where, and how, he came into contact with asbestos and who was responsible.

Solicitors interviewed members of staff from the maintenance department and obtained a court injunction to look at the father-of-two's medical records after Basingstoke hospital refused to release them.

In April 2008, the strategic health authority made an interim payment of £47,000. Mrs Rattray was advised by her solicitors that this was not enough for the loss she had suffered, and so an appointment was made to go to the High Court in London for a damages assessment hearing.

The case was due to be heard last month, but the health authority increased its offer to £190,000 - including the payment already made - which the family accepted.

Mrs Rattray said: "I feel sorry because Jim worked for 27 years looking after maintenance of the hospital, but in the end I think they should have looked after their staff, and my concerns are about other maintenance employees. It's a hospital looking after the public, but are they looking after their staff?"

The South Central Strategic Health Authority confirmed that it made an out-of-court offer which was accepted by Mr Rattray's family.

A spokesman said: "The health authority is pleased that agreement has been reached with the family of Mr Rattray in relation to a claim while he was working at Park Prewett Hospital in Basingstoke."

One of Mr Rattray's colleagues, who was a plumber in the maintenance department for more than 30 years, died from the same disease just two months after him, and his widow, who did not wish to be named, has also received a £110,000 compensation payout.

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