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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47341
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello, my wife and i worked in a pharmaceutical company when

Resolved Question:

Hello, my wife and i worked in a pharmaceutical company when my wife was subjected to a blowback of tamoxifen powdered form whilst working on a tablet press machine. 3 years later she passed away with cancer of the breast. I have since learned that although Tamoxifen is used widely to treat cancer but that if you are exposed to it will also cause cancer. This happened back in 1992 and we lost her in February of 1995, i was left alone to raise our two daughters without a mention of condolence from the company.
It was at that time called Thomas Kerfoot. vale of Bardsley. Ashton-U-Lyne. GTR Manchesterand being bought out by Smithcline Beecham. Even a apology would have been a nice thought.
I await your response. Many thanks. Christopher Bedford. [email protected]
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What are you hoping to achieve in this situation?

Customer:

Is it possible to have them admit a breach of H/Safety practise?

Customer:

If so my daughters and i would be seeking industrial compensation for the loss of my wife and their mother

Ben Jones :

The issue here is that you would be way out of time to make a claim for this because any personal injury claim (even when it results in death) has a 3-year time limit to be submitted. This time limit starts to run from the date of death, so if your wife died in 1995, you would be too late to make a claim for compensation now. Whilst you may certainly contact the company and seek answers or an apology from them, they cannot be forced to admit liability or issue an apology and only a court of law can attribute liability on them, something you are no longer able to do due to the time limits I mentioned above. So this is now a personal issue that you may wish to pursue yourself, in the hope they apologise or consider issuing compensation out of their own discretion. However, if they refuse, your hands are somewhat tied to pursue this further and seek justice that way.

Customer:

Is there still an issue with a breach of health and safety and as such are they liable under Health and safety at work act 1976

Ben Jones :

You cannot just claim for a breach of H&S and the claim would be if there was an injury suffered because of their breach, but as mentioned you can no longer make such a claim. Whilst you can report them to the Health & Safety Executive, they can investigate this and fine them if necessary but as we are going some years back, if the processes are now improved and there are no further breaches, with little evidence to allow them to take the matter further, they are unlikely to proceed with this. Also they would not be issuing compensation to you, this is about compliance, not to award you compensation if there has been a breach

Customer:

O.K. Many thanks. C.A.Bedford

Ben Jones :

You are most welcome, all the best

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