Belfast man wins asbestos legal fight

Published Thursday, 09 February 2012
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A former boxer who worked in the docks in Belfast during the 1950s has won a High Court battle against his former employers, which proved the impact of asbestos.

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    Asbestosis battle
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Arthur Rafferty was one of thousands of men taking bags of the deadly material off ships and onto the shore.

"No-one ever told us about the dangers of this, we never got as much as a paper mask," he told UTV.

"It was a dangerous job, we reported that to our union a couple of times about the dangers of it and the dust, but our union did absolutely nothing about it."

At Belfast's Mater Hospital in 2002, Mr Rafferty was diagnosed with asbestosis, a lung disease which can result in cancer. His doctor told him there was nothing that could be done.

"That in itself knocked me out because I was a professional boxer," he explained, "I never drank, I never smoked, I always kept myself fit."

Following the diagnosis, Mr Rafferty decided to sue his former employers. However, five years later, doctors told Mr Rafferty that he did not have asbestosis, but would one day develop the disease.

A judge then explained to him that a compensation case against his employers could not be pursued.

As he had been treated for asbestosis for five years, Mr Rafferty decided to visit a specialist in Liverppol to seek a second opinion on his medical situation.

"He point blankly said yes you do have asbestosis and you do have bronchitis.

"Yet these radiologists here in Belfast, three of them one from the Mater, one from the City and one from the Royal, couldn't find anything," said Mr Rafferty.

The final diagnosis meant Mr Rafferty could once again begin his legal fight. On Thursday he received an undisclosed sum of money from his former employers, on winning his case.

"Even two barristers in the court that had been following my case and I don't know them from Adam, they came up to me and shook my hand. He said that was a David and a Goliath," Mr Rafferty explained.

But the legal action is not over yet, as Mr Rafferty plans to take a case against doctors in the Belfast Trust whom he alleges are responsible for his misdiagnoses.

© UTV News
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4 Comments
carolyn in antrim wrote (101 days ago):
Hi Arthur, I am so Proud to hear your news, I know your Journey hasnt been an easy one, but to do what you have done, and to pursue this case all the way is proff that when faced with such neglect and inhuman treatment, a person like you with a will to life, will and can beat the system, I wish you many more years Arthur...
robert in ards wrote (103 days ago):
my father worked in the shipyard for over 40 years, he died due to asbestos approximately 28 years ago, when my family tried to claim we were informed the time to claim had expired, nobody i/e trade union or legal people involved informed us that we could make a claim.due to this neglect by these people how many more families got a raw deal the same as mine?i hope all the people now ill due to this substance make a claim?good luck to them all.
jackie in belfast wrote (103 days ago):
Well done Arthur glad to see you have lost none of your fighting spirit. Totally agree that some of the doctors here have little interest in getting the right diagnosis for their patients, they seem happy to hand out a few pills and hope you will go away.
Crawford Baird in cloughmills ballymena wrote (103 days ago):
Hello Arthur , It is an absolute pleasure for me to be the first to post a comment to you , to firstly offer you my feelings of sympathy , and also to offer you my sincere heartfelt Congratulations on your success and victory . I myself have been suffering now for four and a half years as a result of bad management and specialists who "DON'T KNOW" any answers . Your story has given me a lot of new hope . GOD BLESS .
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