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Michael Bradford

U.K. ministry lays out pleural plaques, mesothelioma plan

February 25, 2010 - 10:09am


LONDON—U.K. residents who filed claims before the House of Lords ruled that pleural plaques are not a compensable injury will receive fixed payments of £5,000 ($7,728), the Ministry of Justice said Thursday.

The ministry said the payments are part of a range of measures to support victims of asbestos-related illnesses that respond to a 2007 House of Lords ruling that decided pleural plaques—lung scarring caused by asbestos fibers—is not a compensable injury. The payments will be made to individuals who filed claims that were unresolved when the nation's highest court made its ruling.

In a statement, the Ministry of Justice said it has not concluded that the House of Lords ruling should be overturned.

“The medical evidence is clear that while pleural plaques are a marker of exposure to asbestos, they are generally symptomless, are not harmful and do not become harmful,” it said in the statement. “Any increased risk of a person with pleural plaques developing an asbestos-related disease arises because of that person's exposure to asbestos rather than because of the plaques themselves. However, if new medical or other significant evidence were to emerge, the government would obviously reassess the situation.”

The ministry did, however, “acknowledge that a particular grievance is felt by individuals who had already begun a legal claim for compensation for pleural plaques at the time of the House of Lords' decision” and “had an understandable expectation that their claim would result in compensation. The government has therefore decided to make extra-statutory payments of £5,000 to individuals in this limited category.”

The London-based Assn. of British Insurers praised the plan.

“Insurers remain determined to ensure that all those entitled to compensation receive it,” Nick Starling, the ABI's director of general insurance and health, said in a statement.

“The government's decision not to reverse the House of Lords ruling is the right one,” he said.

The ruling “reflects medical evidence that plaques are symptomless, have no impact on health and do not develop into asbestos-related diseases,” Mr. Starling said. “It also upholds the fundamental legal principle that compensation is payable when someone suffers symptoms following negligence, but not for exposure alone.”

On a related front, insurers are appealing a January ruling in Scotland's Court of Session that upheld a June 2009 law to compensate people suffering from pleural plaques in Scotland.

Insurers are challenging the Damages (Asbestos Related Conditions) (Scotland) Act that reversed the House of Lords ruling as it applies in Scotland. However, the House of Lords ruling still applies in Wales and England.

The ministry also said it will establish an Employers Liability Tracing Office to help victims of asbestos-related diseases trace the proper insurer with which to file a claim and obtain compensation.

The ministry said establishing an Employers’ Liability Insurance Bureau could be a fund of last resort for sufferers of asbestos-related diseases.

It also announced:

  • Increased upfront payments for mesothelioma sufferers and their dependents.

  • Expansion of research into asbestos-related diseases funded by the government and £3 million ($4.64 million) contributed by insurers.

  • Formation of a working group of claims attorneys, trade unions, insurers, civil servants and judicial representatives to examine litigation practices for compensation claims related to mesothelioma.

  • Consideration given to legislative changes to clarify the limitation period to bring a claim for mesothelioma and resolve differences in claims settled before or after a death from the disease.

    “Last year alone insurers paid out over £100 million ($154.6 million) to mesothelioma suffers,” the ABI’s Mr. Starling said, “but it is unacceptable that it takes up to two years for these claims to work through the compensation system.”

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