Compensation hopes of asbestos-linked cancer campaigners dashed by ruling

Published on Saturday 4 July 2009 19:54

THOUSANDS of sufferers of an asbestos-related illness linked to cancer have been told that they will not qualify for state benefits.

Campaigners fear the decision could blight their chances of winning the legal right to compensation, on which a long-delayed decision from the UK government is promised within the next fortnight.

The Department for Work and Pensions has accepted the findings of an expert review into pleural plaques, a lung condition that is a marker of future risk of cancer and mesothelioma. The Industrial Injuries Advisory Council (IIAC) said that pleural plaques should not be added to the list of industrial injuries that attract disability benefits – preventing sufferers from claiming up to around 100 a week.

The Ministry of Justice has promised to publish by 21 July – the date that Westminster's summer holidays begin – the outcome of its consultation on whether to award sufferers of pleural plaques around 5,000 in damages.

Though the IIAC said its report was not meant to advise on the issue of civil compensation, the Ministry of Justice said its decision would be "informed" by the report, which would "make an important contribution to the debate".

The consultation was launched a year ago this week after the government came under pressure to reverse a House of Lords judgment in 2007 that people with pleural plaques could no longer sue their employers for damages.

Last month, a new law passed by the Scottish Government came into force effectively reversing the Lords ruling and allowing sufferers to sue for negligent exposure to asbestos.

A Ministry of Justice spokesperson said: "We intend to publish a response to the consultation paper on pleural plaques before the summer recess.

"The report said that up to 90,000 people a year may develop pleural plaques, up to 20 years after coming into contact with asbestos.

Despite evidence from campaigners that they are responsible for breathing difficulties and their discovery can cause psychological trauma – with sufferers fearing a subsequent diagnosis of a fatal lung condition such as cancer or mesothelioma – the IIAC said sufferers were not entitled to disability payments.

Stuart McMillan, SNP MSP for West of Scotland, said the decision was "appalling and shocking of the highest order". He also condemned the delay in the Ministry of Justice announcing the outcome of its consultation, despite Gordon Brown saying in February that an announcement would be made "very soon".

Ian Tasker, assistant secretary of the STUC, said: "As far as I'm concerned, the insurers knew the risks of asbestos at the time – so did the employers. Now they are the ones who are doing everything to ensure that pleural plaques victims don't get consultation. The government shouldn't meet the cost of this, the industry should meet the cost. The people who exposed workers and members of the public to asbestos are the ones who should be picking up the tab for this."

He added: "I have seen people who are suffering from pleural plaques who are breathless, who may have difficulty even getting around. I don't see why they shouldn't get access to benefit payments."

The seat of future sickness

PLEURAL plaques are a form of scarring of the lining of the lung. Although they do not normally cause any symptoms, they are an indication of asbestos exposure.

The plaques are benign and do not become cancerous, but their existence is associated with an increased risk of mesothelioma, an asbestos-related cancer.

They appear as a white or yellow thickening on the pleura and often involve both lungs.

The condition typically develops 20-30 years after exposure to asbestos, in up to half of those exposed. It is more likely to occur if exposure has been excessive or prolonged, but may also occur after low-dose exposures.

Studies show that patients with extensive pleural plaques have restricted lung function. This is often presumed the result of underlying asbestosis that X-rays have not detected.

Unlike pleural thickening, X-rays can easily detect the well-defined margins of pleural plaques.