Mesothelioma payout set to shake up asbestos-related compensation claims

2nd, October 2008

A recent ruling in favour of a claimant seeking damages for contracting an asbestos-related cancer could pose a significant challenge to the medico legal sector.

The family of Robert Earl, who died of the asbestos-related disease Mesothelioma in 2005, have succeeded in their claim against his former employer, County Garage Limited.

Having worked for almost eight months for the company in 1969 Mr Earl was exposed to asbestos in the brake linings of the company’s commercial vehicles. This successful claim for a relatively minor exposure to asbestos could set a precedent for those seeking compensation for the same disease, developed through exposure to asbestos on a less intensive scale.

Roger Maddocks, partner at Irwin Mitchell believes the case will present new opportunities for claimants with asbestos-related cancer: “It’s not unheard of for cases to be brought forward by people who have had high exposure to asbestos, particularly those in heavier industries. However, Robert Earl was one of the many whose exposure was fairly minor in comparison as it was ruled the claimant’s exposure was made at work fixing and changing asbestos break linings.

"The significance of this case may highlight to those in similar conditions that there are claims possibilities they may not have previously considered or identified as their exposure has been on a smaller scale than the majority of asbestos-related compensation claims.
Although sufferers are encouraged to seek a claim soon after diagnosis, many have been deterred by being unable to supply evidence, due to the patient’s deteriorating health or the time passed since exposure.

“Attempts to cut administrative red tape for businesses have also made it harder for legal professionals to trace insurance histories and prove exposure,” explained Maddocks.

Early compensation
The news may come as extra fuel for the Association of Personal Injury Lawyers (APIL), in its fight to persuade the Government to overturn an ‘inherently unfair’ House of Lords’ decision on compensation for pleural plaques victims. The Lords have recently decided not to compensate those in England and Wales diagnosed with the asbestos-related, lung scarring condition as it was not deemed harmful.

“It’s all very well when victims are told the condition is harmless but the fact they have been negligently exposed to asbestos in the first place means they are playing a waiting game, wondering if they may be facing a death sentence,” said Martin Bare, immediate past president of APIL.

Industry representatives said UK Government figures have suggested an annual cost to defendants of between £76 million and £607 million.

MSP minister for community safety, Fergus Ewing, dismissed the “embroidered” figures and added: "We really do think some of the figures being quoted are close to alarmist and therefore we don't recognise that they're likely to be valid or accurate." The Scottish Parliament has already drafted legislation to overturn the Lords’ decision.

Pleural plaques are well-demarcated usually bilateral areas of fibrosis present on the inner surface of the ribcage and the diaphragm. They are often partly calcified and appear around 20 years after exposure to asbestos. By themselves benign plaques are not cancerous, however they can develop into the life-threatening asbestosis and Mesothelioma around 30-40 years after exposure occurs.

The Government had suggested two schemes to aid those diagnosed with pleural plaques, although APIL claimed both ‘posed potential problems’ for victims who may wish to claim should their condition worsen, and for those facing a time limit on a claim.
Bare added the new schemes should also ensure any compensation awarded ‘is in line with what victims were awarded prior to the Lords’ decision’.

Mesothelioma payout set to shake up asbestos-related compensation claims

A recent ruling in favour of a claimant seeking damages for contracting an asbestos-related cancer could pose a significant challenge to the medico legal sector.

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