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Relatives of Michael Clohessy are seeking compensation from the ESB for negligence.
At an inquest at Dublin City Coroner’s Court this month it was established that his cancer was asbestos-related. Clohessy worked as a linesman for the ESB for 33 years and died on December 6, 2003, aged 53.
“In the wake of that finding I’ve made a claim on their behalf,” said Peter Duff, the family’s solicitor.
The main part of the claim against the ESB will relate to the loss of earnings. A father of three, Clohessy was the main source of income for his family.
Clohessy died from a mesothelioma tumour in the lungs, which is often associated with asbestos. He spent two years at Our Lady’s Hospice in Harold’s Cross, Dublin, before his death in 2003.
“It was a horrific, lingering death,” said his widow Teresa.
The ESB has faced similar claims relating to asbestos exposure in the past. Former cases were settled out of court, with no admission of liability.
Duff is confident that the family will win their case. “I think our chances are excellent after that [inquest] verdict. A big factor is that he was with the ESB all his working life,” he said.
The Clohessy family claim will go through the Personal Injuries Assessment Board but Duff believes it will be sent back to the courts.
According to Dr Ken O’Byrne, a consultant oncologist at St James hospital, Dublin, there are about 25 cases of asbestos-related cancers in the republic every year, mostly dating back to the 1970s and 1980s.
He said that patients diagnosed with mesothelioma tumours who know the source of exposure generally win their claims.
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