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HSE Case Control Study on Mesothelioma Risks in Britain (2009)
A study was published in 2009 claims the death rate from mesothelioma in the UK is the highest in the world. The study obtained lifetime occupational and residential histories from 622 mesothelioma patients, of whom 512 were men and 110 were women, and 1420 population controls.
Mesothelioma Claim - Must I sue all Defendants?
Mesothelioma is said to be, in legal terms, an indivisible disease. In practical terms what this means is that it cannot be proven which of a number of Defendants who have exposed a Claimant to asbestos are responsible for the onset of the mesothelioma; however, the law states that any Defendant which can be proven to have exposed the Claimant to asbestos will be held responsible for 100% of the damages.
Elusive Insurers and Pleural Plaques Update
At Oliver & Co. we have come across this hurdle time and time again and have developed a secondary system for tracing insurers. We have developed contacts with some of the major insurance companies and carry our further enquiries with them before accepting a negative insurance search result.
The Damages (Asbestos-Related Conditions) Bill had its first reading in the House of Lords in October, having already passed through the House of Commons.
Recent Developments in Mesothelioma Claims
Oliver and Co Solicitors have welcomed the recent Court of Appeal decision in Sienkiewicz v Greif (UK) Ltd, which has produced a positive result for the innocent victims of asbestos exposure who have sadly gone on to develop asbestos related mesothelioma.
National Centre for Asbestos Related Diseases
Oliver and Co Solicitors supports the establishment of a National Centre for Asbestos-Related Diseases in the United Kingdom.
Asbestos has been used for thousands of years throughout the world, long being known for its fire and friction resistant qualities. However, it was not until the 20th Century that the debilitating effects of asbestos on the human body were appreciated and regulations were introduced.
Employers Liability Trigger Appeal
The Court of Appeal opens on Wednesday 11 November 2009 for what seems to be ‘round two’ of the Trigger Litigation Issue.
The Trigger Litigation concerns whether it should be the insurers who provided insurance at the time of the negligent asbestos exposure who should be responsible for paying out claims to mesothelioma victims.
Latest Asbestos Disease Statistics Released
On 28th October 2009 the Health and Safety Executive (HSE) released figures on asbestos diseases. The statistics coincide with a £1.2 million campaign to raise awareness of the dangers of working with asbestos.
The “Asbestos: Hidden Killer” campaign was launched on 2nd November and runs for 4 weeks. The campaign hopes to highlight the problems with asbestos and inform workers of when they could be working with asbestos and what they should do to protect themselves.
Compensation for Pleural Plaques - Decision on the horizon?
Pleural plaques are small localised areas of fibrosis found within the pleura of the lung caused by asbestos exposure. It has been argued by medical experts that they do not usually cause significant symptoms (if any) and do not impair lung function. Defendant insurers have argued through the court process that those who have pleural plaques could therefore not have suffered any damage as a result of being diagnosed but rather do have evidence to confirm that they have been exposed to asbestos in the past.
Valuation of Mesothelioma Claims
This article is a guide to the typical losses which can be found in mesothelioma claims, and the way the damages will be assessed.
Miners Beat Knee Claims
Miners’ beat knee generally occurs due to employers failing to provide adequate health and safety for employees.
There are a number of test cases currently going through the Courts. If these claims are successful, other claims will be able to be made.
Beat knee (bursitis) has now been added to the list of diseases/injuries covered by Industrial Injuries Disablement Benefit.
More Sensitive Test for Mesothelioma
Scientists at Oxford University claim to have developed a more sensitive test to assist clinicians in diagnosing mesothelioma. This asbestos related disease is often very difficult to diagnosis during a person’s lifetime.
National Accreditation awarded to Oliver & Co.
Oliver and Co. Solicitors has won recognition in a national accreditation scheme designed to assist injured people seeking legal advice.
The scheme, which is run by the Association of Personal Injury Lawyers (APIL) assesses lawyers according to their expertise and experience, and provides a quality ‘kitemark’ to those who meet the strict criteria.
Rhonwen Barraclough, one of our APIL Senior Litigators, is a specialist industrial disease solicitor is delighted the firm has gained the accreditation status.
“It is crucial that injured people receive properly qualified advice in their time of need and we are very proud to have been recognised for our expertise and professionalism,” she said.
Dangers Lurking in our Schools
A recent high court decision for mesothelioma compensation was made in the case of Dianne Willmore v Knowsley Metropolitan Borough Council (2009).
In this case, the Claimant contracted mesothelioma as a result of being exposed to asbestos dust as a pupil at her local secondary school. It was alleged at trial that the Claimant had been exposed to asbestos after a newspaper article published in 2008 alerted her to the possibility of asbestos having been present throughout the school building.
Donation of £1,000 to Macmillan
We are pleased to announce that we have donated £1,000 to Mamillan Cancer Care from the costs we had received on one of our Mesothelioma cases.
The 2009 Diffuse Mesothelioma Scheme
The 2008 Diffuse Mesothelioma Scheme came into operation on 1 October 2008. Its purpose is to ensure that all mesothelioma sufferers (or their dependants) receive a payment. It plugs a gap whereby previously only employees would receive a payment from the state. Now, if a sufferer is exposed in the UK they will be entitled to a payment. It therefore rights a very grave wrong, and provides payment to a significant category of sufferers who previously would have received nothing from any source.
New face joins the team
Oliver & Co welcome Rhonwen Barraclough to our Industrial Disease team. Rhonwen is a specialist industrial disease solicitor with more than 10 years experience in personal injury and insurance law.
Rhonwen has a wealth of experience in dealing with claims for diseases such as deafness, VWF, dermatitis and asthma. She has worked for defendant firms in the past and this has given her an invaluable insight into the conduct of such claims
If you have an enquiry and would like to discuss a claim or injury please feel free to contact her via email at
Employers Liability Insurance Bureau - No. 10 Petition
An Employers’ Liability Insurance Bureau is the only effective solution to the widespread problem of claimants being unable to recover compensation for industrial diseases where employers have long ceased trading and adequate records of insurance have not been kept.
Insurance "Trigger" in Asbestos Disease Claims
The arguments in relation to which insurer should pay compensation to an individual who was exposed to harmful amounts of asbestos dust in the past, are still ongoing.
This is despite the decision reached by Mr Justice Burton in the “trigger litigation” cases in Durham v BAI (Run Off) Ltd [2008].
Read more
Symptomless Asbestosis
Following on from the recent litigation in which the House of Lords held that Claimants could no longer claim compensation for pleural plaques, several cases have been heard in Newcastle County Court concerning symptomless asbestosis. The Defendants argued that, whilst they accepted that the Claimants had been negligently exposed to asbestos and as a result had developed asbestosis, the symptoms were either minimal or not apparent.
What are plaques?
Pleural Plaques are calcified deposits on the surface of the lung. They are caused by exposure to asbestos fibres and take decades to form. They are a sign of exposure to asbestos, but expert medical opinion states that they do not cause respiratory injury, breathlessness or loss of lung capacity themselves.
Read more
Mesothelioma Action Day 2009
Friday 27th February marked Mesothelioma Action Day, with meetings taking place across the country to raise awareness about the dangers of exposure to asbestos, and to highlight the need for funding for research into mesothelioma.
Asbestos Lung Cancer
Far fewer legal cases are pursued for asbestos lung cancer, in comparison to mesothelioma. The reason is the difficulty in connecting the diagnosis of lung cancer to previous asbestos exposure, over other causes of the condition such as smoking.
‘Mesothelioma Study Day’, Harrogate
Two members of our team recently attended the Lung Cancer Nurses & Thoracic Group Educational Event in Harrogate. The day was extremely informative, involving ten different speakers. The content considered all aspects of mesothelioma from both a medical and legal perspective.
Read more
Charity
Whats My Asbestos Claim Worth empathise with the circumstances of the clients we represent which is why we support the British Lung Foundation and Macmillan Cancer Support.
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Useful Links
For more information and advice click on one of links below:
| British Lung Foundation | The British Lung Foundation is the only UK charity working for everyone affected by lung disease. For help and advice on diseases such as Mesothelioma and Asbestos Lunch Cancer. |
| Macmillan Cancer Support | Provide practical, medical, emotional and financial support and push for better cancer care |
| Mesothelioma UK | Funded by Macmillan Cancer Relief provides info & resources for patients and families including causes, diagnosis, treatment options and clinical trials. |
| MyWavelength.com | Get help & advice from like minded people. |
| June Hancock Research Fund | Charity in memory of June Hancock also providing help & advice.
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