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Charity

Oliver & Co. empathise with the circumstances of the clients we represent which is why we pay £1,000 from the costs we earn from your case to the British Lung Foundation or Macmillan Cancer Support in accordance with your choice.

Mesothelioma Action Day 2009

Friday 27th February marked Mesothelioma Action Day, with meetings taking place across the country to raise awareness about the dangers of exposure to asbestos, and to highlight the need for funding for research into mesothelioma.

In Liverpool, Civic Dignitaries, sufferers of mesothelioma and their families, healthcare professionals and members of the legal profession participated in a public meeting held at the Liverpool Town Hall. Representatives from Oliver and Co were present to support the campaign for greater funding and research into treatment for asbestos conditions.

A release of sponsored doves in memory of all those who have died from mesothelioma opened the meeting, followed by speeches from various professionals.

Andrew McDonald, Barrister, provided an update on the legal issues, focusing on three main areas; namely the Trigger Litigation, lung cancer absent asbestosis claims, and the recent case of Rice v Thompson regarding the Merseyside Docks’ claims.  Andrew McDonald also highlighted the need to set up an Employers Liability Insurers Bureau, similar to that in place for motorists under the Motoring Insurers Bureau, to provide a safety net for employees where a relevant insurance policy could not be found. He urged those attending the meeting to write to their local MPs in this regard to lend some weight to the campaign.

Dr. Chris Warburton, Chest Consultant at Aintree Chest Centre, subsequently delivered an informative presentation, touching on issues such as exposure, forms of asbestos and symptoms. He discussed some of the newer forms of treatment, including Pemetrexed, radical surgery approach and conventional chemotherapy, and also addressed some of the difficulties the medical profession has in diagnosing asbestos-related illnesses. In keeping with one of the primary purposes of the meeting, Dr Warburton also raised the issue of funding for research into mesothelioma.

Questions were invited from members of the public to the two experts, with one of major concerns being highlighted that many people seem to associate asbestos-related diseases with the “older” generation, ignoring the fact that asbestos is still present in the workplace today and is an ongoing danger. Calls were made therefore to increase awareness of this deadly substance in order to protect today’s workforce.

Further information

Oliver and Co have recovered millions of pounds in compensation for clients with asbestos illnesses. We will fully assist with any claim you may have for compensation but also with any connected matters, such as applying for benefits you may be entitled to as a result of your condition. For free legal expert advice please call 0800 058 2737.

 

February

Asbestos Lung Cancer

Far fewer legal cases are pursued for asbestos lung cancer, in comparison to mesothelioma.  The reason is the difficulty in connecting the diagnosis of lung cancer to previous asbestos exposure, over other causes of the condition such as smoking.

For years the arguments on causation of lung cancer have raged in the medical world.  For many years the perceived wisdom was that to link lung cancer to asbestos, asbestosis (fibrosis of the lungs) also had to be present.  This was an illogical argument, because many mesothelioma sufferers do not have asbestosis, so why was it necessary to be present for another lung cancer?

In 1997 a group of leading scientists met in Helsinki, and came up with the Helsinki Criteria, a test for determining which lung cancer cases, in the absence of asbestosis, could be reasonably concluded to have been caused by asbestos.

The Helsinki Criteria all comes down to the amount of asbestos the sufferer is exposed.  If very significant the Helsinki Criteria states that it should be accepted that asbestos is the cause.  Expressed in scientific terms the level is 25fibre/ml years, and in a legal context it is necessary to get an engineer to prepare a report on the asbestos dosage.

Last year these issues came before the court  in the case of Shortell v BICAL Construction Ltd.

Mr Shortell had been exposed to asbestos when working at power stations alongside laggers for much of his working life.  However, he had also been a heavy smoker.  He contracted lung cancer and passed away in July  2006.

The issue for the court was whether it could be shown that his lung cancer was caused by asbestos, or was it the smoking?

Asbestosis was not present, but there was evidence of pleural plaques and pleural thickening.  After his death, no post mortem was performed and so there was no evidence of the  asbestos fibre count in his lungs.

At trial the Helsinki Criteria was accepted by the Judge – the first time that it had been recognised by the British Courts.

The issue for the court was whether there had been enough exposure.  This dosage calculation was carried out by engineers, which the medical experts then had to consider.

The type of asbestos was important.  Blue and brown asbestos are much more potent than white asbestos.  The medical experts considered Helsinki was based on blue/brown exposure.  However, if there was a mixture of exposure at say 50% white exposure and 50% brown/blue then the total asbestos dosage would have to be a figure of between 40 to 50 fibre/ml years, a significant increase on the 25fibre/ml threshold.  If a sufferer had only been exposed to white asbestos then the experts would only be willing to support a case for lung cancer compensation if the suffered had been exposed to in excess of 200fibre/ml/years.

                                              

            Blue Asbestos - Considered to be the most toxic form of asbestos

In Shortell the Claimant was successful, but the sting in the tale is the increase in the Helsinki threshold where there has been exposure to mixed types of asbestos.

To succeed in a case for lung cancer, and in the absence of asbestosis, sufferers will generally have to show significant exposure to more than just white asbestos.

It is of the upmost importance that at the outset of a claim detailed information on the type of asbestos the sufferer came into contact with is taken.

The case offers useful guidance into the evidential requirements when pursuing a claim for asbestos related lung cancer.

January

The launch of our Newsletter

We will now be issuing monthly newsletters as a way to keep you updated as to any legal updates concerning asbestos disease claims and also Oliver & Co. updates.

The newsletter will be brief and to the point but please feel free to contact us should you require any further information or advice.

‘Mesothelioma Study Day’, Harrogate

Two members of our team recently attended the Lung Cancer Nurses & Thoracic Group Educational Event in Harrogate. The day was extremely informative, involving ten different speakers. The content considered all aspects of mesothelioma from both a medical and legal perspective.

Ms. Liz Darlinson offered an invaluable insight into the global effects of asbestos and mesothelioma. Astonishingly many countries still produce or import asbestos. Indeed only 18% of countries have banned the production and use of the material. Indeed the use of white asbestos was only banned in the UK in 1999, brown asbestos in its raw form having been banned in 1980 and blue asbestos, the most dangerous, in 1970.

It may come as some surprise that countries such as Canada and Russia are still producing many tonnes of asbestos each year.

As one of the major historical producers of asbestos, Australia has the highest incidence of mesothelioma sufferers.

At Wittenoom, a small village in Australia, thousands of workers and their families, visitors, tourists, consultants and Government officials were exposed to lethal levels of blue asbestos a thousand times higher than occupationally regulated at the time.

Mr Lang Hancock commenced mining blue asbestos at Wittenoom in 1938. He and his partners in time became one of the major miners and manufacturers of asbestos products in Australia.

The mining and milling of blue asbestos at Wittenoom has had a significant impact on Australia. The town itself is now a ghost town with only 6 residents. In December 2006, the Government of Western Australia announced that the town would no longer legally exist, and in June 2007, the Minister for Regional Development, announced that the townsite status had officially been removed. The town's name was removed from official maps and road signs and the Shire of Ashburton is able to close roads that lead to contaminated areas.

The asbestos mining operations in the Wittenoom area and the resulting remnants of asbestos have already resulted in hundreds of fatalities among miners, residents and visitors to the town.

Wittenoom, Western Australia

As a nation they are therefore at the forefront of research into the disease.

It is hoped that efforts into mesothelioma research in the UK will also help other countries who will continue to suffer the effects of asbestos exposure for many years to come.

“Patient’s Perspective”

A gentleman suffering from mesothelioma then gave a talk about “The Patient’s Perspective” and he explained how his suffering with the disease was affecting him and his family on a daily basis and with regards to consideration for the future. At 61 his daughters are both still in full-time education and he is struggling with the decision as to the right time to tell them.

This emphasised the personal tragedy behind this terrible condition and the impact of this disease on people’s lives. This is something that we at Oliver & Co. always keep in mind when dealing with the legal side of things. We hope our personal service to clients reflects this.

The day continued in the same informative theme. Talks included topics such as treatment options for pain relief in mesothelioma sufferers. Palliative measures together with operative intervention were discussed. This helped us as lawyers to gain a fuller understanding into the medical procedures which are currently being offered to patients.

Overall our Asbestos Disease Team here at Oliver & Co. benefitted enormously from the extensive insight into all the issues that arise for someone diagnosed with this terrible disease. We hope to join in future events to ensure that we are at the cutting edge of medical developments taking place in this area. This in turn will allow us to offer an even better service to clients.

 

For more information and advice click on one of links below:

Mesothelioma UK	Funded by Macmillan Cancer Relief provides info & resources for patients and families including causes, diagnosis, treatment options and clinical trials.
MyWavelength.com	Get help & advice from like minded people.
June Hancock Mesothelioma Research Fund	Charity in memory of June Hancock also providing help & advice.
HSE Statistics Asbestos Related Disease	Statistical information from the Health and Safety Executive.
HSE Asbestos Site	Dedicated Asbestos Health & Safety Executive website.
HSE Asbestos Campaign	Health & Safety Asbestos campaign.

 

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