page 1 asbestos related diseases - when to claim rosemary giles partner

Asbestos Related Diseases - When to Claim

Rosemary Giles

Partner

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Types of Asbestos

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The Asbestos Time Line

• It is commonly thought that companies only became aware of the dangers of asbestos in the 1980s or 1990s – this isn’t true.

• The Annual Reports of the Chief Inspecting Officer of Factories from 1899 regularly referred to the injurious nature of asbestos dust and the need for exhaust ventilation and respirators to combat asbestos dust.

• In 1930 the Merewether and Price ”Report on the Effects of Asbestos Dust on the Lungs and Dust Suppression in the Asbestos Industry'' demonstrated the link between chronic exposure to asbestos dust and the development of asbestosis

• Papers by Wagner in 1960 and Newhouse and Thompson in 1965 reported the clear association between exposure to asbestos and mesothelioma.

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Types of Asbestos Related Disease

• Pleural Plaques

• Pleural Thickening/Asbestosis

• Asbestos Related lung Cancer

• Mesothelioma

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Pleural Plaques

• A ‘marker’ or indication of exposure to asbestos

• Symptomless

• Since a House of Lords decision in 2007 it is not possible to obtain compensation in England. No benefits are awarded.

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Pleural Thickening

• Pleural thickening is a lung disease that describes a scarring, calcification, and/or thickening of the pleura (the lining surrounding the lungs) often as a consequence of the inhalation of asbestos into the lungs.

• The annual number has been fairly constant over the last 10 years, with an average of around 430 new cases per year (IIDB)

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Asbestosis

• Lung fibrosis caused by the inhalation of asbestos fibres causing scarring and inflammation of lung tissue

• There were 985 newly assessed cases for Industrial Injuries Disablement Benefit in 2014. (IIDB).

• Annual numbers of newly assessed cases have fluctuated in recent years.

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Asbestos Related Lung Cancer

• Is there a diagnosis of lung cancer? and

• Has the patient been diagnosed with any other asbestos-related condition (especially asbestosis)

• Or, is there an occupational history of either:

- heavy exposure to asbestos or

- a prolonged period of more moderate exposure?

• If so, refer for specialist legal advice

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Mesothelioma

• Mesothelioma is a cancer of the mesothelial cells. These cells make up the membrane (lining) that covers the outer surface of most of our body's organs.

• There are two main types of mesothelioma:

• pleural mesothelioma – the most common type, which develops in the tissue covering the lungs

• peritoneal mesothelioma – which develops in the lining of the abdomen

The State The Courts

FINANCIAL SUPPORT FOR ASBESTOS RELATED DISEASE PATIENTS

http://www.dwp.gov.uk/

Mesothelioma or Asbestos related Lung Cancer Patient

Over 65Attendance Allowance

Under 65Personal

Independence Payment (PIP)

Industrial Injuries Disablement Benefit

Constant Attendance Allowance

Exceptionally Severe Disablement Benefit

Pneumoconiosis Workers Compensation(Government Lump Sum)

Child Maintenance and Other Payments Act(Lump Sum for domestic/environmental

exposure)

Blue Disabled Badge

£82.30 pw£82.30pw

£168.00 pw

£134.40 pw

£67.20 pw

£13,455 to £86,607

WarPension

What Information is Required?

Full Employment

history

Witness statement Evidence of

Diagnosis

Evidence e.g. Indenture

documents, Naval badges

01223 791 [email protected]

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Mr Charlie W Case Study

• Age 70, started life as an apprentice electrician later becoming an Electrical Engineer.

• He was exposed to asbestos during the course of his engineering career, he presented with right sided pain and a pleural effusion and some shortness of breath.

• He was investigated for mesothelioma but fortunately this has never been diagnosed but he was diagnosed with pleural thickening and is at risk of developing asbestosis and mesothelioma.

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Mr Charlie W Case Study continued

• Extensive and complex medical investigations were carried out to ensure that in fact this was not an early mesothelioma.

• He was exposed by three employers but insurance could only be found for two. Because asbestosis is a divisible injury we could only recover 60% of the total value of the claim from the two insurers identified.

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Mr Charlie W Case Study continued

• The claim was made to the insurers. No offer of settlement was made therefore court proceedings were commenced in the Royal Courts of Justice.

• The Court gave direction as to a case plan and a trial date was fixed, however the matter settled before the hearing date in the sum of £40,000.

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Mr Alan C Case Study• Age 78, diagnosed with asbestos related lung cancer.

• Apprentice Shipwright at HM Chatham Dockyard, employed by the Admiralty/MOD

• Worked on refits on Royal Navy ships and later an overseer of such work.

• Extensive exposure during ship refits as a Shipwright.

• He drilled through asbestos insulation boards, he stripped limpet spray asbestos.

• His colleagues were cutting AIBs on circular saws near to him.

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Mr Alan C Case Study Continued

• Presented in early 2014 with shortness of breath, ex-smoker having stopped 15 years ago.

• Underwent a course of radiotherapy, apart from SOB managing well.

• We applied for Industrial Injuries Disablement Benefit on his behalf which was paid within three weeks. He also received a PWCA Lump Sum award in the sum of £13,295. We also assisted him in obtaining Attendance Allowance and a Blue Badge.

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Mr Alan C Case Study Continued

• We brought a claim against the MoD which was concluded within 14 months of our instruction and the claim settled for £100,000. Alan was delighted with the outcome.

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Case Study Mr Wareham

Mr Wareham was diagnosed with mesothelioma when he was age 72.

He was referred to Irwin Mitchell shortly after diagnosis.

IM visited him at home and completed benefit application forms

Shortly after he received a lump sum payment and Industrial Injuries Disablement Benefit.

Mr Wareham’s only recollection of exposure to asbestos was when working as a joiner in the 50s for the Watford Timber Company.

Watford Timber Company was a live company but didn’t have enough assets to meet the claim.

Sadly, Mr Wareham died and after 18 months EL insurance was traced through an insurance investigator

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Mr Wareham Case Study Continued

• Mr Wareham’s son continued with the claim on behalf of the Estate.

• The company denied that they were at fault and said that they had never stocked asbestos materials.

• IM carried out an archive search of old newspapers and found an advert in the West Herts & Watford Observer dated 23 January 1953.

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Mr Wareham Case Study Continued

The advert was sent to the company’s solicitors

The company continued to deny that they were at fault.

The claim settled one day before trial.

Mr Wareham’s family had been left heartbroken after his diagnosis of mesothelioma.

Mr Wareham’s sons were relieved that they had honoured their father’s wishes and secured justice for him.

• How can your patients avoid this pitfall – steps to take:

• Referral for specialist legal advice as soon as the diagnosis is made;

• Full occupational history taken while the patient is relatively well;

The Pitfalls of Waiting:

Our Promise

• Will assist in all areas of financial support • Will respond quickly• Home visit• Part of the support network• No cost• Above all • We will look at the individual ‘s needs, wants

and requirements and help to provide practical solutions to improve quality of life.

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Thank youFeel free to email me at any time or call

me on my direct line

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01223 791810

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page 1 asbestos related diseases - when to claim rosemary giles partner

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