Latest
News
(Updated Oct 2007)
Law Lords Rule Out
Compensation for Asbestos Victims
In Pleural Plaques Case
On 17th 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.
(Updated July 2007)
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.
(Aug 2006)
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.
(June
2006)
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.
NEW