This morning the Law Lords ruled that pleural plaques is not a
disease, so sufferers should not be awarded compensation. This
decision will affect thousands of people with pleural plaques now
and in the future. Although their Lordships unanimously dismissed
the appeals, three of them suggested that the position might have
been different had the cases been based on breach of contract. The
decision has been attacked by union leaders who have noted that it
will lead to "massive savings" for insurance firms.
Pleural plaques are a scarring of the lung tissue resulting from
asbestos exposure but which does not
cause breathing difficulties. In some cases, people suffering from
pleural plaques may go on to develop the asbestos cancer of
mesothelioma years later or they may
develop anxiety or psychiatric illness in apprehension of this
risk.
It has been possible to obtain compensation for pleural plaques
for more than 20 years but recently the insurance industry mounted
a challenge to these claims. The Claimants were successful in the
High Court but the Defendants appealed and the Claimants lost in
the Court of Appeal. The Claimants' failure in the House of Lords
marks the end of the road for their court cases.
Andrew Morgan from Field Fisher
Waterhouse commented:
"People suffering from the asbestos disease of pleural
plaques have been entitled to compensation for 20 years or more.
Their Lordships have ruled that a scar on the lung cannot be
compensated, even where breach of duty is admitted, and even though
a scar on the outside of the body can be compensated. This decision
is likely to remain controversial for some time. There is no doubt
that this decision swings the balance very heavily in favour of the
insurance industry and against working people who have been
negligently exposed to asbestos through no fault of their
own".
For further information, please contact Andrew Morgan, Rodney
Nelson-Jones or Peter Williams on
020 7861 4000.
You can find out more information about how we can help making
an asbestos compensation claim by using
the link provided.