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Useful Links<br />

Usefull Links<br />

Mesothelioma Warriors Blog<br />

https://rayandmave.wordpress.com/<br />

T<br />

Fundraising<br />

https://www.mavisnyefoundation.com/to-make-a-donation.html<br />

/<br />

Twitter<br />

https://twitter.com/grandmamavis<br />

Facebook<br />

https://www.facebook.com/groups/432649193771341/<br />

Legal and Financial Advice Helpline<br />

0808 231 0963<br />

www.mavisnyefoundation.com<br />

Registered Charity No. 1172765<br />

contact@mavisnyefoundation.org<br />

Registered Charity number 1172765<br />

Quo-modo<br />

JULY<br />

<strong>2019</strong><br />

Supporting Victims of Mesothelioma.<br />

Registered Charity No. 1172765


Contents:<br />

About the Foundation<br />

About Mavis<br />

The Journey Part 1<br />

The Journey Part 2<br />

The Journey Part 3<br />

What is Mesothelioma and<br />

How is it caused<br />

A claim through a Solicitor<br />

FAQ`s When making a Claim<br />

2018 Update<br />

2<br />

1


The Mavis Nye Foundation was created to<br />

inspire victims of mesothelioma an Asbestos<br />

related cancer.<br />

To give hope to fellow victims and to show<br />

light at the end of the tunnel<br />

Its objectives are to offer Grants to enable<br />

Clinical research teams to produce New Drugs<br />

to fight mesothelioma.<br />

To support Young Student Doctors to become<br />

Doctors Practising in Mesothelioma.<br />

Ultimately further Grant will become available as Funds Permit.<br />

4<br />

Founder Mavis Nye and her Lifelong Husband Ray<br />

3


About the Foundation<br />

About Mavis<br />

The Mavis Nye Foundation was created<br />

to inspire victims of mesothelioma,an<br />

asbestos related terminal cancer.<br />

To give hope to fellow victims and to show<br />

a light at the end of the tunnel.<br />

The foundations objectives are to:<br />

To offer grants for Clinical Research into<br />

mesothelioma<br />

Mavis is the president of the Mavis Nye<br />

Foundation.<br />

and is an inspiration for all mesothelioma<br />

victims.<br />

She is an Advocate at Mesothelioma UK<br />

(Charity.) and<br />

is a patient representative at the following.<br />

Patient Representative for Research at St. Bart`s<br />

Hospital.<br />

Patient Representative at Cancer Research UK<br />

Patient Representative at East Kent NHS Trust<br />

Patient Representative at NHS (England )<br />

Patient Representative at Cancer Network East<br />

NHS<br />

On Board for Confirm Trial<br />

On Board for Mars 2 Trial<br />

On Board for MIST Trial<br />

To Name a few:<br />

Mavis was Honoured with a BCA for her dedication and hard work<br />

6<br />

5


The Journey Part 1.<br />

Mavis Nye`s journey began in 1957 when aged 15 she met Ray who<br />

was to become her Lifelong Partner.<br />

He was an apprentice in the Royal Naval Shipyard in Chatham.<br />

They would meet during lunch breaks and later in the day.<br />

He would have on his clothes the fine invisible dust of Asbestos.<br />

No one at that time warned them that this would in later life become<br />

a major issue. After their first year together Ray was called up for<br />

National Service. The two years separation was no barrier<br />

to asbestos contamination ,<br />

because unwittingly Mavis was already exposed.<br />

The damage was done and the clock was ticking.<br />

On Rays demob they got Married. They continued on to<br />

raise a family and lived a normal life<br />

But! The damage was done and the clock was ticking<br />

It was 49 years later that the devastating consequences of their first<br />

meeting would now return. In 2009 Mavis was suddenly aware that<br />

her breathing was laboured and this quickly resulted during a short<br />

walk to the shops across the road,that she was now unable to breathe.<br />

An urgent appointment with our GP was made and within hours she was<br />

admitted into Hospital where 7 litres of fluid were drained from her lung.<br />

This was the beginning of a long nightmare journey.<br />

After weeks of tests and Biopsies she was given the news that she had<br />

mesothelioma. It was explained that it was a terminal cancer, that there<br />

was no cure and no treatment available.<br />

The prognosis was a life expectancy of about 3 months, and that she<br />

was advised to return home and put her affairs in order,<br />

The following 4 years were spent on chemotherapy and failed drug trials.<br />

A further year followed the oncologist report that the chemo was no longer<br />

working and that she was too toxic to proceed.<br />

There was no longer anything else that could be done<br />

8<br />

9


The Journey Part 2.<br />

Although Mavis had been in treatment she had not sat idle.<br />

She decided early on that something needed to be done.<br />

And so she began to set about searching for answers.<br />

She found a small group of like minded victims on social<br />

media and joined them. It was headed by Debbie Brewer.<br />

She and Mavis became good friends but sadly Debbie<br />

succumbed to this insidious disease leaving Mavis to<br />

carry the flag. She set to with a vigour that was<br />

unstoppable. She expanded these small groups humble<br />

beginnings and created various groups on social media<br />

and the mesowarriors as they had become known as<br />

became a global presence for information and help and<br />

advice. Today her work is internationally recognised.<br />

She is available on a personal level to support and<br />

encourage victims of mesothelioma.<br />

She has the support of manny influential people<br />

sympathetic to here cause.<br />

She is constant demand to give presentations to spread<br />

the word and share her story.<br />

She talks with Lords,Ladies,Professors,Oncologists and<br />

Doctors,And MP`s. She has been welcomed in the<br />

Asbestos industry.<br />

She speaks regularly in the House of Commons in the<br />

company of distinguished speakers.<br />

She was awarded a BCA for her work. She is a patient<br />

rep and sits on various committees and support groups.<br />

Her energy and enthusiasm has no boundaries.<br />

The following year, from the last result that she has no<br />

hope of treatment, was spent on these campaigns, during<br />

which she was advised by Professor Dean Fennell that a<br />

small drugs trial was about to start in the Royal Marsden,<br />

that was for mesothelioma.<br />

The weeks that followed were productive in that she was<br />

referred for interview for assessment. Some weeks later<br />

she received news that she had been accepted on a trial<br />

of just 3 people.<br />

Of those 3 she remained the only survivor.<br />

10<br />

11


The Journey Part 3<br />

The Mk3475 trial Later to be known as Keytruda trial. It<br />

was a comprehensive trial. Demanding treatment every<br />

14 days for up p 2 years depending on response.All of<br />

which Mavis grasped with both hands.<br />

She was slowly dying so what had she to loose. This trial<br />

was to prove a miracle. Shrinkage of the tumours began<br />

within a few weeks of treatments.<br />

She is still monitored regularly and hopes this will<br />

continue. At the moment taking into account the<br />

damage the disease and chemotherapy have done<br />

to her she is active and is living a better quality of<br />

life than the previous 7 years.<br />

She still has issues, her body has been irreparably<br />

damaged, unseen<br />

They were quick to point out that its not a<br />

cure because it could return at any time.<br />

Sadly to other 2 people on this trial did not<br />

survive. But to date Jan 18 she has had 18<br />

months<br />

of no treatment and no progression of the<br />

Mavis says that she has been given<br />

another chance at life so that she can<br />

help other sufferers<br />

12 13


What is mesothelioma and how is<br />

it caused<br />

Mesothelioma is a tumour (or cancer ) which usually grows in the<br />

pleura (the external lining of the lungs) or the peritoneum (the lining of<br />

the abdomen)<br />

It was not generally recognised until the late 50`s and is nearly always<br />

caused by exposure to asbestos. There is a long latency period<br />

between when the exposure to asbestos took place and when<br />

symptoms develop. At its shortest this is 12-15 years and it is typically<br />

about 30-40 years, although cases of 60-70 years have been reported.<br />

The amount of exposure to asbestos required for mesothelioma to<br />

develop is not known, but medical science has not ruled out that very<br />

low levels of exposure can cause the disease.. Mesothehelioma can<br />

result from exposure to all types of asbestos, including blue, brown<br />

and white<br />

There are 3 types of compensation for mesothelioma.<br />

The first is welfare benefits and a lump sum paid by the Department<br />

for Work & Pensions (DWP)<br />

The second is a different lump sum, known as "damages",which can<br />

be claimed, using a solicitor, from one or more of the businesses or<br />

organisations (Defendants) responsible for the individuals exposure to<br />

asbestos.<br />

The 3rd type of compensation is the Diffuse<br />

Mesothelioma Payment Scheme(DMPS). This<br />

sometimes applies applies when a damages<br />

claim cannot be made because the<br />

Defendants have been dissolved and their<br />

insurers cannot be found. The DMPS was set<br />

up in 2014 and makes a payment, based on<br />

the value of a damages claim, from a fund<br />

which insurance companies contribute to.<br />

A claim through a solicitor<br />

As well as claiming benefits and a lump sum from the Department for Work and<br />

Pensions (DWP) ,someone who has mesothelioma should consider making a claim<br />

through a solicitor.<br />

This is for a lump sum of compensation known as damages. As most cases of<br />

mesothelioma result from exposure to asbestos in work. most claims,<br />

are made against the individuals employer/employers. Damage claims are<br />

sometimes possible if someone was exposed to asbestos at home (because another<br />

member of the family brought asbestos dust into the home on his/her working<br />

clothes) or through living near an asbestos factory.<br />

If someone has received a lump sum and/or welfare benefits from (DWP) for his/her<br />

mesothelioma, he/she is still entitled to claim damages. The amount of damages is<br />

nearly always higher than the amount of the benefits and lump sum a claimant is<br />

awarded.<br />

The benefits and lump sum which have been paid are taken into account and<br />

deducted in whole or in part (according to the particular circumstances of the case)<br />

from any damages an individual receives.<br />

A claim for damages is more complicated and takes longer than claims for DWP<br />

benefits and the lump sum. It is important, therefore, to contact a solicitor who<br />

specialises in asbestos claims and to do this as soon as possible.<br />

A solicitor should offer an initial interview at the claimants home free of charge.<br />

15<br />

14


FAQ`s When making a claim<br />

How is a claim valued.<br />

Mesothelioma is a tumour (or cancer ) which usually grows in the<br />

pleura (the external lining of the lungs) or the peritoneum (the lining of<br />

the abdomen)<br />

It was not generally recognised until the late 50`s and is nearly always<br />

caused by exposure Some to asbestos. times men There and is women a long latency with period mesothelioma<br />

between when the do exposure not want to to asbestos contact took a solicitor place and because when for<br />

symptoms develop. At its shortest this is 12-15 years and it is typically<br />

example.<br />

about 30-40 years, although cases of 60-70 years have been reported.<br />

The amount of exposure to asbestos required for mesothelioma to<br />

develop is not known, They but think medical that the science company has not which ruled out exposed that very them<br />

low levels of exposure to asbestos can cause no the longer disease.. exists. Mesothehelioma can<br />

result from exposure to all types of asbestos,including blue,brown and<br />

white They did not work with asbestos themselves, but<br />

only near others who did.<br />

There are 3 types of compensation for mesothelioma.<br />

The first is welfare The benefits exposure and a to lump asbestos sum paid happened by the Department many years<br />

for Work & Pensions ago. (DWP)<br />

The second is a They different think lump that sum,known at the time as "damages",which they were exposed can be to<br />

claimed,using a solicitor,from one or more of the businesses or<br />

asbestos no one knew that it was dangerous.<br />

organisations (Defendants) responsible for the individuals exposure to<br />

asbestos.<br />

In fact cases in which claimants say things like this<br />

at first often succeed. This is another reason why it<br />

is advisable to see a specialist solicitor promptly.<br />

In a successful claim a lump sum is awarded. There are two parts to this:<br />

first, an amount, usually between £50,000 and £90,000, for the pain and<br />

suffering caused by mesothelioma, and second, compensation for the<br />

financial consequences of the disease (eg.Loss of earnings and /or pension<br />

and the cost/value of nursing care and equipment.<br />

Income tax is not paid on damages.<br />

An award of damages does not affect an individual`s right to continue to<br />

receive non means tested welfare benefits (e.g. Industrial Injuries<br />

Disablement Benefit,Personal Independence Payment/ Attendance<br />

Allowance)<br />

Someone who is receiving means tested benefits can set up a trust and pay<br />

his/her damages into this. This is a straightforward process and ensures that<br />

damages are ignored in assessing entitlement to means tested benefits.<br />

What information will a solicitor need?<br />

The solicitor will need to meet the claimant, ideally in person at his/her<br />

home, to take a detailed statement about how he/she came into contact with<br />

asbestos dust and to get an overview of the individual`s working history and<br />

his/her personal and financial situation. after this meeting, in many<br />

cases ,contact between the solicitor and client is limited to phone calls and<br />

letters.<br />

17<br />

16


How is a claim funded.<br />

If after an initial free interview, the solicitor thinks that the<br />

claim<br />

Mesothelioma<br />

has a<br />

is<br />

reasonably<br />

a tumour (or cancer<br />

strong<br />

) which<br />

chance<br />

usually grows<br />

of succeeding,he/<br />

the<br />

pleura (the external lining of the lungs) or the peritoneum (the lining of<br />

she the abdomen) should offer to act under a condition fee ("no win no<br />

fee") agreement. This arrangement means that there is<br />

no financial risk to the claimant or his/her family if the<br />

claim is not successful and that,if the claim succeeds,the<br />

claimant receives the whole of the amount of damages<br />

It was not generally recognised until the late 50`s and is nearly always<br />

caused by exposure to asbestos. There is a long latency period<br />

between when the exposure to asbestos took place and when<br />

symptoms develop. At its shortest this is 12-15 years and it is typically<br />

about 30-40 years,although cases of 60-70 years have been reported.<br />

awarded,without The amount of exposure any to asbestos deductions required being for mesothelioma made. to<br />

develop is not known,but medical science has not ruled out that very<br />

low levels of exposure can cause the disease.. Mesothehelioma can<br />

result from exposure<br />

How<br />

to all types<br />

long<br />

of<br />

will<br />

asbestos,including<br />

the claim take?<br />

blue,brown and<br />

white<br />

Straightforward cases sometimes settle without court<br />

There are 3 types of compensation for mesothelioma.<br />

proceedings being issued within about four months of the<br />

solicitor The first is starting welfare benefits work. and If a an lump early sum paid settlement by the Department is not<br />

for Work & Pensions (DWP)<br />

possible and court proceedings are issued (which does<br />

not The second necessarily is a different mean lump that sum,known there as will "damages",which be a trial) these can be will<br />

claimed,using a solicitor,from one or more of the businesses or<br />

follow a "fast track" procedure specifically for<br />

organisations (Defendants) responsible for the individuals exposure to<br />

mesothelioma asbestos. claims. This aims to conclude cases within<br />

about four months of issue. Often this procedure also<br />

requires the defendant to make a payment on account of<br />

damages (usually £50,000) within about two months of<br />

issue.<br />

What happens if the claimant dies before the claim is<br />

concluded.<br />

The executors or administrators of his/her estate can<br />

pursue the claim.<br />

19<br />

What is the time limit for claims.<br />

Court proceedings are usually required to be issued<br />

within three years of the date of Diagnosis. The courts<br />

have the discretion to allow claims to go ahead even if<br />

they are issued outside the three year period, but there<br />

can be no guarantee that this will be exercised in any<br />

given case. It is therefore, very important to contact a<br />

solicitor as soon as possible after diagnosis of<br />

mesothelioma.<br />

Should a man/or woman with mesothelioma make a will<br />

or, if he/she already has one, review this?<br />

Yes. This is especially important if he/she has a partner<br />

but is not married.<br />

What happens if the defendant has been dissolved and<br />

its insurers cannot be identified?<br />

If the defendants to a claim have been dissolved this<br />

does not necessarily mean that a claim cannot be made.<br />

If the defendants insurers can be identified ,the claim can<br />

effectively be brought against them.<br />

Sometimes ,however, the relevant insurance companies<br />

cannot be located because records have been lost or<br />

destroyed. Consequently ,a civil claim for damages<br />

cannot be pursued. A claim under the diffuse<br />

Mesothelioima Payment Scheme should be made.<br />

18


2018 Update<br />

In April of 2018 her world came crashing down for a second time.<br />

A routine scan result was the mesothelioma has returned,<br />

The old growth was still sleeping,this was New Growth.<br />

After a meeting it was agreed that she could receive the drug<br />

again for one more year.<br />

Historically she was the First mesothelioma person to get <strong>complete</strong><br />

response,creating history. So she returned to the Royal Marsden<br />

once more for treatment.<br />

After 4 infusions ,a scan report showed a 14% reduction. Jubilation<br />

it was working again. But this joy was short lived. After a very nasty<br />

chest infection treatment was stopped. Later a further scan result<br />

was not so good,it showed only stable.<br />

After consultation it was agreed that when the infection clears<br />

treatment would resume, should the next scan show stable, an<br />

additional drug may be introduced.<br />

In the meantime ,her DNA results which compared her 10 year old<br />

bi-op against a recent one, Showed stunning results.<br />

So much so that the results were being sent for inclusion in the<br />

Medical Journal.<br />

If the treatment should result in further shrinkage,they may recall<br />

past patients on whom the drug failed,to offer them another chance.<br />

The Royal Marsden are so excited.<br />

So to date January <strong>2019</strong> all is still to be played for.<br />

20

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