Pleural Plaques
Speaking in a Scottish Parliament debate on a recent House of Lords appeal
decision, Falkirk East MSP Cathy has made a plea for the resumption of
compensation to those affected by asbestos pleural plaques.
"Deloitte & Touche has estimated that the House of Lords judgment
of 17 October on pleural plaques would save UK insurance companies as
much as £1.4 billion," said Cathy.
"No wonder that they are so keen to brief on the decision. However,
that saving will come at the expense of people who are struggling to cope
with the devastating news that they have a condition that is far more
worrying than breathlessness, pain or other immediate symptoms, as it
is strongly associated with an increased risk of developing fatal conditions
such as mesothelioma and asbestosis. Unless people go on to develop those
illnesses or related conditions as a result of exposure to asbestos, they
will no longer be compensated.
"The House of Lords decision overturns 20 years of practice and increases
the stress and anxiety of claimants and their families, as they wait for
asbestosis or mesothelioma. Whatever the scientific argument around pleural
plaques may be—it has been suggested that they may be benign—they
are almost certainly an indication that a person is much more likely suddenly
to find themselves with a life-threatening illness and with a life expectancy
that is measured in months, rather than years. Perversely, the House of
Lords decision removes from them any realistic opportunity to claim money
while they are still alive, because delayed diagnosis and legal process
conspire to ensure that court cases last longer than people.
"If the insurance companies will not accept that people with pleural
plaques should be compensated for the genuine and irreversible injury
that asbestos has caused, there is an urgent need for legislation to establish
a right to damages for claimants in that situation. I look forward to
the day when workers in Scotland and elsewhere who contract illness due
to their work are treated with respect and compensated appropriately."
The campaign for legislation through the Scottish Parliament has cross-party
backing, and in response to the debate the Minister responsible, Fergus
Ewing, told MSPs that such legislation would be considered.
(November 2007)
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