Asbestos Related Illnesses

Pleural Plaques

Victims of asbestos and their families face a further period of ‘confusion and uncertainty’ after a Court of Appeal ruling today (8th October). The case is quite likely to go to the House of Lords.

Brigitte Chandler, a lawyer with Swindon firm, Charles Lucas & Marshall and one of the UK’s leading experts in industrial disease litigation, said she was disappointed with the judgement which saw insurers win a partial victory in the Court of Appeal.

The judgement will allow some sufferers to recover damages for the injuries they sustained at work decades ago but will mean many others will miss out.

“This decision today takes us no further forward with some victims of asbestos exposure now able to claim compensation while others can’t. Many business and insurance companies also won’t know where they stand,” she said.

Brigitte Chandler has hundreds of clients in the Swindon and South West region waiting on today’s decision.

The three judges were unable to agree on a High Court ruling in November 2008 – hailed as a victory for the victims – which stated that employers’ insurers at the time of exposure to asebstos were liable to pay out on claims for mesothelioma – caused by exposure to asbestos in the workplace.

Insurers decided to appeal against the judgement. Today’s Court of Appeal decision will allow some victims to claim against the insurers at the time of exposure to asbestos but also found that in some cases the responsibility lay with the employers’ insurers at the onset of symptoms – which can be 50 or 60 years later after exposure to asbestos. In cases where the employers company is no longer in existence there will be no insurance cover in these cases and victims will not be able to claim. Some employers who have no insurance cover for asbestos claims could go bankrupt as a result of this decision.

“This decision creates a divide among claimants,” says Brigitte Chandler. “The very wording of employers’ insurance policies will need to be scrutinised. We were hoping for a uniform judgement today but we haven’t got one.”

For further information please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

Asbestos Dust

The family of a Barnstaple man who died as a result of his coming into contact with asbestos when he worked for a local door manufacturing company have been awarded substantial damages.

Kenneth Bracher, who lives in Chumleigh, Devon, brought the claim against his father’s former employers, Shapland and Petter, now called Newman Tonks Limited.

His father, Donald Bracher, died from asbestosis in January 2008. His former employers have agreed to pay £47,500 in compensation for the pain and suffering he experienced.

Mr Bracher worked for Shapland and Petter for much of his working life. The family’s solicitor, Brigitte Chandler, one of the country’s leading industrial disease lawyers and a specialist in asbestos disease, says she believes other former employees will have been affected by asbestos dust and should seek legal advice if they develop an illness relating to asbestos which is usually in the lungs

“Mr Bracher worked with asbestos lined fire doors, often in a small room, where he was expected to cut windows in these doors,” she says. “There was a large amount of dust in the air with minimal dust extraction.

“In fact two people who objected to the dust were sacked. Shapland and Petter were one of the largest employers in Barnstaple at the time. They did not provide protective masks or warn employees about the dangers of asbestos.”

Mr Bracher started to experience problems with his breathing in 2003. His condition deteriorated and he died in 2008.

“Asbestos was widely used in this company,” added Brigitte Chandler. “It is quite possible other members of the workforce may have or develop asbestos related problems in the future and it is well worthwhile pursuing a claim.”

The regional charity, the Swindon & South West Asbestos Group was set up to help asbestos sufferers and their families.

The charity will send out booklets, DSS forms and information about asbestos disease free of charge.  They also have support groups for asbestos sufferers and their families.  For further information contact 01793 813616, email info@asbestosgroup.co.uk or write to PO Box 2729 Swindon, SN1 4ZW.

Brigitte Chandler - Asbestos and Industrial Diseases Claims Expert

Workers who have developed pleural plaques as a result of being exposed to asbestos have been given the green light by the Government to claim compensation.

The Ministry of Justice has announced details of a payment scheme for people suffering with pleural plaques caused by asbestos exposure.

However only claimants who issued court proceedings, sent a letter or visited a solicitor to handle a claim prior to 17 October 2007 will be eligible for the £5,000 compensation.

“The decision is good news for people suffering with pleural plaques,” said Brigitte Chandler, partner and specialist in industrial disease at law firm Charles Lucas & Marshall in Swindon.

“We have a large number clients who have been waiting for the Government’s decision on this issue. It means we can now start to process their compensation claims.”

Compensation claims for pleural plaques had been put on hold following a House of Lords decision to stop payment of damages to people with pleural plaques.

The Government’s announcement now means that anyone who tried to bring a claim for pleural plaques prior to October 2007 and was not successful, should contact their solicitor to process the claim.  Applications have to be made by 1 August 2011 with applicants entitled to compensation of £5,000.

“Unfortunately, those who did not bring a claim prior to October 2007 will not be able to claim under this new Government Scheme,” says Brigitte Chandler. “Those who can claim but go on to develop more serious illnesses such as lung cancer, caused by asbestos, will still be able to bring a claim for a larger sum against their employers.”

Pleural plaques is the least serious of the medical conditions associated with asbestos and is the name given to areas of thickening on the inside lining of the rib cage. They do not cause symptoms and can occur after any amount of asbestos exposure.

“There appears to be no relation between the number or extent of pleural plaques and how much asbestos the person has breathed in,” explained Brigitte Chandler. “They are seen on x-rays or CT scans of the chest. Once they are present, the plaques do not go away but they may not develop into anything worse either.

“However, a small percentage of people with plaques may go on to develop one of the more serious asbestos illnesses such as mesothelioma, lung cancer or asbestosis. People with these more serious asbestos illnesses can still claim damages against their employers.”

For further information please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk