News

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.

On the basis of many High Court decisions in the 1980s it was possible for people to bring claims for pleural plaques compensation. Those who successfully pursued their claims would receive an average figure of £6,000.00 to £8,000.00 on a provisional basis which would then allow them to return to claim further compensation if they ever suffered with other recognised asbestos related illnesses such as pleural thickening, asbestosis, lung cancer or mesothelioma,  or £10,000.00 to £15,000.00 on a once and for all basis. However, in January of 2006 the Court of Appeal held in the case of Rothwell v Chemical & Insulating Co. Limited (and conjoined cases) that pleural plaques were not compensatable on the basis that they did not in themselves cause symptoms. The House of Lords reached the same unanimous decision on 17th October 2007. Defendant solicitors have described the decision which is thought to have saved the insurance industry as much as 1.2 billion as:-

“One of the most groundbreaking personal injury decisions in UK legal history”

Since then Claimant solicitors, support groups and lobbyists have campaigned even harder to ensure that the House of Lords decision is overturned through parliamentary legislation. The Daily Mirror supported the potential Claimants’ plight and provided much needed awareness to the issue.

On 9th July 2008 the government launched a consultation on the most appropriate ways of supporting people diagnosed with pleural plaques, a topic which has also been subject to regular parliamentary debate.

The consultation paper asks for views on the most appropriate way to respond to the Law Lords decision. Justice Ministry Bridger Prentice MP said:-

“We understand the concern and anxiety experienced by people who have been exposed to dangerous substances likes asbestos and who have been told that they have pleural plaques. The Law Lords have made their decision on legal grounds but those with pleural plaques may still need support. We need to find the best way forward to provide that support”.

The Consultation paper was submitted to the government in October of 2008 accompanied by a petition signed by thousands who argue that the Law Lords decision should be overturned.

In total the Government received 224 responses to its consultation paper as well as reports on the medical evidence on pleural plaques prepared for the Chief Medical Officer for England and Wales. It has been thought that there was a need to produce further medical evidence which had failed to be adduced when the Lords reached their decision in Rothwell. This medical evidence was thought to show that pleural plaques can adversely affect reserve lung capacity and could therefore be seen as having caused “damage” to the sufferer. The issue was debated in parliament on 11th February 2009 where a number of valid points were raised by MPs including Paul Rowen (Rochdale, Liberal Democrat) who asked:- “Why is it that, when bankers are threatened losing one year’s bonus, they threaten legal action straight away, but when ordinary people have

worked all their lives and then become ill because of an industrial injury, the history all along is that those folk have had to fight for what is their right and just dessert? This issue of pleural plaques is yet another example of that, and that is why people are so mad”.

Another MP taking part in the debate described the Law Lords’ decision to refuse to award pleural plaque compensation as “perverse”. It has been thought by some lawyers that the decision complies with the law, but with something as serious as pleural plaques, which has been argued to lead to those suffering with more sinister conditions such as mesothelioma in around 10 to 20% of cases, there should be no consideration for the “niceties of the law”.

Those in favour of the decision being overturned argue that there is a need to restore justice and fairness to the area of asbestos disease compensation .The Minister for Justice, Jack Straw (Blackburn) indicated to the House of Commons on 21st July 2009 that the Government would give further consideration to the issue of compensation before publishing a final response.

The All Party Parliamentary Panel on Asbestos met to consult on this issue and others on 3rd November 2009 and it is hoped by those against the decision to award compensation to those who have pleural plaques, that further pressure will be applied to the government to overturn the decision. A final decision on pleural plaques compensation appears to be on the horizon and may be with us by the end of this year. Oliver & Co Solicitors will continue to monitor the situation and update interested parties in the monthly newsletter.