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Law Lords Rule Out Compensation for Asbestos Victims

In Pleural Plaques Case

On 17^th October 2007 the House of Lords denied compensation to thousands of asbestos victims who have been diagnosed with pleural plaques, (scarring of the lung pleura caused by inhalation of asbestos fibres). 

Compensation had been paid for over 20 years for the disease and anxiety and fear caused by the knowledge that pleural plaque victims have a heightened risk of developing other asbestos diseases such as asbestos related cancer - Mesothelioma. This decision is yet another attack on compensation for asbestos victims.

The Derbyshire Asbestos Support Team (DAST) is outraged over the decision. Pleural Plaques affects working class people who were wrongly exposed to asbestos. It is all too easy for those who never risked their lives in industry to dismiss the suffering of so may who did. This judgment gives solace to rich insurance companies and leaves asbestos victims uncompensated. It is a disgrace.

The Derbyshire Asbestos Support Team along with other asbestos support groups are in the process of making the media and MPs aware that the insurance industry has once again been allowed to erode people’s rights.  Claimant Solicitors are also working on different legal arguments.  If you are in the process of making a claim for pleural plaques, contact your Solicitor for more details. 

If you have recently been diagnosed with pleural plaques, it is still important to contact the Derbyshire Asbestos Support Team who can inform you of the current position and also register your exposure to asbestos. 

NICE Approves Treatment for Asbestos Cancer Mesothelioma NICE changes its decision on Alimta

We welcome this change of heart by NICE which now recommends the use Alimta, the only licensed drug for the treatment of Mesothelioma, within the NHS. This decision ends over two years of post code lottery provision during which time Mesothelioma patients in Scotland, Greater Manchester and the North East received treatment denied to patients elsewhere in the UK. In Derbyshire there have been a number of people who live in the High Peak attending the Wythenshawe Hospital in Manchester and who were prescribed Alimta by their consultant but because they lived in Derbyshire were refused treatment.  Appeal succeeded but had they lived only a few miles over the boarder they would not have had to overcome this obstacle.

The NICE decision acknowledges the poor prognosis of Mesothelioma sufferers and the importance of providing treatment which, although not curative, can be efficacious for some patients suffering from very aggressive and rare cancers. NICE also acknowledges that Mesothelioma is uniquely caused by exposure to asbestos.

 DAST state that:

 “This excellent decision by NICE but it now needs to be swiftly acted on by PCTs throughout the country. Department of Health Guidance advises that every PCT “should use its best endeavours to ensure that any new treatments recommended by NICE are available as soon as possible after NICE issues Technology Appraisal Guidance.” We are calling on all PCTs to fully comply with this guidance and to make immediate arrangements for the provision of Alimta for the treatment of Mesothelioma.

Compensation Bill is given Royal Assent

The Compensation Bill was given Royal Assent, last week, which means that the Mesothelioma damages section contained within the bill is now law.

The Mesothelioma damages section, within the Bill, means that the injustice faced by Mesothelioma sufferers and their families in compensation claims following The House of Lords decision, Barker v Corus, has now been reversed.

The Government has acted swiftly in restoring justice for Mesothelioma claims and must be congratulated for their efforts in rectifying the injustice of the Barker decision. The government acted in response to a campaign led by victim’s families, asbestos support groups, Solicitors and the TUC.

Hutton announces bid to speed up Mesothelioma compensation

John Hutton today announced his intention to work in partnership with insurers to ensure faster compensation for Mesothelioma sufferers and their families.

The Secretary of State for Work and Pensions said: "As an MP in a ship building area, I have seen at first hand the effects that exposure to asbestos can cause.

"Mesothelioma is a particularly unpleasant disease and the time between diagnosis and death is often tragically short.

"No amount of money will ever compensate individuals and families for the suffering and loss caused by Mesothelioma, but it is doubly important that the process for claiming compensation does not add to the distress experienced by individuals and their families."

The DWP will work with the Association of British Insurers, the Association of Personal Injury Lawyers and the Department for Constitutional Affairs to urgently identify ways to speed up the settlement of claims. We all believe there is more that can be done to improve the system.

Our aim is to ensure that wherever possible sufferers of Mesothelioma can receive compensation whilst they themselves can still benefit from it, at the same time knowing that their families will be secure in the future.

The move could help up to 2000 individuals a year who currently die from Mesothelioma, which is by far the most common work-related death. The number of deaths is expected to rise to 2500 when it peaks in 2015.

© David Martin 2004-2009