Information

Pleural Plaques

Pleural Plaques are benign (non malignant) small hard plate – like surfaces on the pleura (the lining of the lung). They are caused by asbestos fibres that invade the pleura from the lungs. They do not typically cause any respiratory disability but are “markers” that indicate previous asbestos exposure and as such put the sufferer at an increased risk of developing a more serious asbestos related condition.

Claims can be made for asbestos related pleural plaques where the sufferer has been occupationally exposed to asbestos, and can be made on a once and for all basis, or on a provisional basis, where the claimant would receive roughly half the once and for all award of compensation but also a Court Order, which would enable the sufferer to return for further compensation should they develop a more serious asbestos related condition in the future.

Claims on a once and for all basis are settled for about £6,000 and claims for provisional damages are settled for about £3,500. In cases where the claimant’s employers and their insurers are insolvent the claims are sometimes paid by the Financial Services Compensation Scheme the FSCS which only pays compensation at 90% for pre 1972 exposure to asbestos.

Pleural Thickening

This is a diffuse fibrosis in the pleura. Asbestos fibres move from the lung to the pleura causing the pleura to become thickened and a widespread fibrosis can develop. The thickening can restrict the lungs ability to expand and contract and can therefore make breathing difficult. Like Plaques the Thickening is evidence that the sufferer has been exposed to asbestos and the pleural thickening places the sufferer at an increased risk of developing a more serious asbestos related illness.

As with Pleural Plaques claims can be dealt with on a once and for all or provisional damages basis, and the typical settlements are based on other co-morbid conditions, and the level and extent of the disability. In addition a claim can be made to the DSS for Industrial Injuries Disablement Benefit.

Asbestosis/ Lung Cancer

Asbestosis is caused by inhalation of asbestos fibres which causes irritation and inflammation. The body attempts to neutralise the foreign fibres which can cause further inflammation and cell damage. A fibrosis or scar tissue develops as a result in the interstitial spaces around the small airways and alveoli. This thickening and scarring prevents oxygen and carbon dioxide from travelling between the alveoli and the blood cells so breathing becomes less efficient. Symptoms are typically shortness of breath, and coughing. Asbestosis is a progressive disease, which means that it continues to progress long after exposure to asbestos ceases. Asbestosis on its own rarely causes death, but it can increase the risk of lung cancer (certain types) and mesothelioma. Asbestosis is usually found in both lungs, usually lying in the bottom of the lungs.

Claims for asbestosis where there has not been any malignant change, can be settled on a provisional or on a full and final basis. The level of compensation depends on the age of the sufferer, whether there are any other co morbid conditions and the level of disability caused by the asbestosis. Claims for carers are possible depending on the level of disability and claims can also be made for Industrial Injuries Disability Benefit from the DSS

Where there has been a malignant change then the claim would be settled on a full and final basis, and the level of compensation varies depending on the factors set out under the next heading**.

Mesothelioma

This is a rare cancer affecting the lining of the lungs (the pleura) or the lining of the abdominal cavity (the peritoneum) or the lining of the heart (the pericardium). The prognosis for mesothelioma suffers like most cancer patients often depends on how early it is diagnosed and how aggressively it is treated. The treatment is invariably considered palliative rather than curative and can only affect the life expectancy of suffers in most cases.

**Settlements vary greatly depending on the age of the sufferer, the length of the illness, whether the sufferer had other life threatening health problems, including old age – and also whether or not the sufferer has dependants, and what the average family income was prior to the onset of the illness. Clearly those in employment or with large pensions and a dependant spouse will receive greater compensation that a widowed person on limited means.

The average settlement that this firm has received for the sufferers or their
families of this disease, in the last twelve months is £125,000