House of Lords Denies Pleural Plaques Sufferers the Right to Compensation
17/10/2007
Thank you so much for handling my case so well. You came to know us at a great time of sadness and you were so kind. We will always remember you as very professional but also very warm hearted.
Sylvia, Tamworth
The highest court in the UK, the House of Lords, has today announced
that it will not overturn the law which prevents sufferers of pleural
plaques from claiming compensation on the grounds of negligence.
Despite
a five day hearing earlier this year in the House of Lords, in which
sufferers of pleural plaques argued that they should be compensated for
the negligent exposure to asbestos they suffered, the law lords upheld
the verdict passed by the Court of Appeal in January 2006.
The law
states that pleural plaque sufferers, whose cases have not yet been
settled, will not be permitted to claim compensation.
Pleural
plaques are areas of thick scar tissue which form in the chest lining
and diaphragm and are caused by asbestos exposure. Over time, this
thickening of the pleural membrane, which lines the lungs, can make
breathing difficult and can, in some cases, be accompanied by the
development of other more serious respiratory diseases including
mesothelioma and lung cancer.
Adrian Budgen, head of the
industrial diseases team with law firm Irwin Mitchell, commented: "I am
extremely disappointed that the decision to deny pleural plaques
sufferers' access to justice has not been overturned by the House of
Lords today. I represent many families who will be devastated by the
news.
"This decision will impact upon thousands of people who
have faced emotional anguish since their diagnosis. Pleural plaques is
a consequence of negligent exposure to asbestos. This exposure
physically scars victims and is often a precursor to very serious, and
sometimes fatal, disease."
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