Insurer won’t pay out the cash I need for injections to let me live a bit longer (From Echo)

Time is running out for mesothelioma patient Dave

10:20am Thursday 7th October 2010 in Health By James Calnan

Running out of time – former roofer David Mahoney

A GREENSTEAD man who is slowly dying from asbestos poisoning is fighting for money to fund treatment which might help him live longer.

David Mahoney, 50, says his life has been “destroyed” since he began to feel the effects of the mesothelioma he contracted as a roofer on a Colchester building site in 1976.

The father-of-five has been suffering from the rare form of cancer for four years and believes he now has only months to live.

A High Court judge has ordered the company handling claims against his employer’s insurer to make an interim £50,000 payment, but the company has refused, pending a series of court hearings which could take 18 months or even two years.

The company insists it is not liable because his mesothelioma only became apparent after his employer’s original insurance company folded.

Mr Mahoney, who has 11 grandchildren, says he used to love boxing, weightlifting and playing football.

He added: “I’m destroyed. It’s a horrible disease and once you’ve got it, there’s no turning back.

“The hardest part is missing the grandchildren growing up.

“Until I got this, I didn’t even have a doctor’s record. I used to be able to run ten miles without even thinking about it. Now I have no control over my life any more.”

Mr Mahoney and wife, Angela, were forced to move into a council flat in Scarfe Way, after their own three-bedroom house in nearby Stevens Walk was repossessed when he became too ill to work.

He has worked occasional days for communications firm, CCL UK, on the Whitehall Industrial Estate, in Colchester, and says boss Steve Wakefield has helped him through some tough times.

Mr Mahoney would like the chance to prolong his life by travelling to a hospital in Frankfurt for a course of injections which are not available on the NHS.

They would cost at least £30,000, which he cannot afford without the interim payment.

Mr Mahoney urged other people affected by asbestos to stand up to insurers which refused to pay out. He added: “I want to make other people aware of it.

“Through no fault of my own, I got this, just by going to work.

“All I’m doing now is fighting to get as much money as I can for my wife and kids and get other people to stand their ground.”

A COURT of Appeal decision on Friday might give asbestos victim David Mahoney the money he desperately needs to pay for his treatment.

But his lawyer, John Green, of Manchester-based WE Solicitors, fears even if the court finds in his favour, a further appeal to the Supreme Court could prevent him getting the money in time.

Mr Mahoney started as a roofer when he left Stanway School, in 1976, working for a now-defunct builder called Myton on the British Home Stores building in Colchester town centre.

At one point in the 18 months he worked there, he is thought to have inhaled tiny asbestos particles, though it wasn’t until 2006 he showed any symptoms. After weeks of pain, he collapsed at work.

A series of tests and operations followed, before he was diagnosed with mesothelioma on October 15 last year.

Although outwardly healthy, the cancer on his left lung means he tires very quickly. He said: “If I walk to the car park, that’s me finished.”

Myton’s insurer, Builders Accident Insurance, should have been liable, but it folded in the Nineties.

A company called BAI Claims Services was set up to handle claims against Builders Accident Insurance.

Mr Mahoney’s lawyer said BAI did not accept his claim because his mesothelioma developed after the Builders Accident Insurance policy had expired.

A High Court judge has already ruled this was not a valid excuse and ordered the company to hand over £50,000 by August 20. BAI immediately appealed against this ruling, refusing to pay until judges rule again this Friday.

However, even if Mr Mahoney wins this week, an appeal to the Supreme Court could further delay a payout.

Mr Green described Mr Mahoney’s plight as “awful”.

He said: “The client is left with nothing and we have no legal redress, but to wait until this ‘trigger’ issue is finally resolved.

“We’re looking at 18 months to two years after Friday’s decision.”

John Goodwin of BAI, declined to comment on the case, ahead of Friday’s hearing. He added: “We are, of course, concerned cases like Mr Mahoney’s are still not resolved, and are anxious for them to be resolved as soon as possible.”