Wednesday 10 September 2008

In June, we reported the wonderful news that our friend in the UK ’s tumor had shrunk by 10 percent following an initial round of a special treatment called , which she is undergoing in Germany.
She had her first round of therapy in May, and a second in June. Since the June treatment, her tumor is now 18 percent smaller! Debbie returns to Germany for another round of treatment this month, and is hopeful that the tumor has continued to shrink.
In July, the featured Debbie in an interview, talking about . She hopes to spread the word about this treatment so that more people might explore it’s possibilities for . Click here to view the BBC video.
Debbie shares her story on her blog, http://www.mesothelioma-and-me.com/. She was diagnosed with meso in November 2006. It is suspected that she contracted meso as a result of being exposed to dust on her father’s work clothes as a child. He was a lagger and would often scrape from pipes during his day’s job.
According to the web site http://www.radiologyinfo.org/en/info.cfm?pg=chemoembol, is a combination of and a procedure called embolization, to treat cancer. Debbie is being treated by Dr. Thomas J. Vogl, Chairman, Department of Radiology, Department of Diagnostic and Interventional Radiology - University Hospital, Johann Wolfgang Goethe, University of Frankfurt am Main.
In this procedure, Dr. Vogl catheterizes the tumor and administers localized directly into the arteries feeding the tumor. Once the chemo has been administered, other agents can be administered to block off the blood supply to the tumor.
We look forward to another stellar report following Debbie’s visit to Germany this month!

Wednesday 3 September 2008

Charity Event 20th September Eastbourne



Bob Tolley Mesothelioma Snowdrop Fund

Charity Event Saturday 20th September 2008

Golf at Horam Park Golf Club

10.30 am tee off

Lunch Included £26.00

Afterwards at Eastbourne United Football Club 7.30 pm onwards

Insurance Companies Fight To Deny Asbestos Claims

MP's Criticise Insurance Industry On Asbestos Claims
MPs spoke out in disapproval of the insurance industry’s treatment of asbestos victims.Michael Clapham MP described the insurance industry as acting like “jackals” in their concentrated attack on paying compensation to victims of industrial illnesses.After Excess Insurance Company Limited’s ‘trigger issue’ High Court challenge that could dramatically reduce the likelihood of mesothelioma sufferers being compensated. Mr Clapham accused the insurance industry of gross “hypocrisy” saying that on the one hand their representatives make statements that they want to ensure that payments to mesothelioma victims easy and straightforward, then in the next breath they launch expensive legal cases to deny victims compensation.MP Jim Sherdan described asbestos victims as “being treated worse than cattle”. He argued that if animals experienced the same diseases, then the middles classes would demand that swift action was taken.The MPs were speaking in a Westminster Hall debate about the fight to restore compensation to victims of pleural plaques.Pleural plaques are scarring of the lungs caused by heavy and long term exposure to asbestos. Pleural plaque victims are a thousand times more likely than other people of contracting the fatal lung cancer mesothelioma which kills 2,000 people a year.A medical expert on pleural plaques, and Consultant Physician, Robin Rudd has stated that pleural plaques are a pathological change in the membrane which surrounds the lung, victims of pleural plaques are liable to pleural thickening causing breathlessness, lung cancer and mesothelioma.Dr Rudd also found that pleural plaque sufferers suffer severe mental anxiety following diagnosis, as they fear that they will die from mesothelioma, which is incurable. During the debate it also emerged that a leading accountancy firm has estimated that the Law Lords decision on pleural plaques will save the insurance industry £1.4 billion.

Mesothelioma Claims 28 Year Old Victim

Did Asbestos At School Kill This Woman

For two years Leigh Carlisle courageously battled the killer disease mesothelioma, which is almost always caused by asbestos, and searched for the reason why she might have contracted it at the age of 26. She was believed to be the UK's youngest recorded victim of a disease normally associated with older people. To have developed it at such a young age, she must have been exposed as a child. But how and where?
Leigh, from Failsworth, Oldham, never got her answer. She died on Wednesday, aged 28, at a hospital in north Manchester, with her boyfriend by her side.
Not long before her death, her lawyers began to investigate the possibility that she could have contracted the disease at her primary school. As her family and boyfriend paid tribute to her fight, solicitor Geraldine Coombes of Irwin Mitchell, a firm specialising in industrial diseases, said they were awaiting a response to a Freedom of Information request about the buildings in which Leigh was taught as a youngster.
'We had been working with Leigh and her family to establish how she was exposed to asbestos. We know that she must have been exposed to it as a child,' said Coombes, adding: 'We know that asbestos in schools in a real problem.'
Leigh's boyfriend, Michael Price, said: 'Leigh had so much courage and strength - she was an inspiration to me and to others.' Instead of flowers at her funeral, he said she wanted donations to the Oldham Cancer Support centre in Failsworth. 'Leigh would have liked to think that she helped the cancer centre to support other people.'
Her parents, Sheila and Mark, sister Sarah and niece Bella said in a statement: 'Leigh is still very much part of our family, always a treasured daughter, sister and auntie. Everyone is so proud of her.'
Leigh, who completed an MA degree in marketing last year, was eventually diagnosed after suffering abdominal pains. The disease, which attacks a thin membrane coating the lungs and abdomen, is one of the most aggressive forms of cancer, but usually takes more than 20 years to develop.
Leigh once speculated that she could have been exposed to it while taking a regular shortcut to her primary school through a builder's yard.
Although the precise cause of her illness is not yet known, her story has highlighted the cases of around 200 school workers who have died or are suffering serious illness as a result of asbestos being used in schools. The National Union of Teachers has described the issue as a 'ticking time bomb'. Research and campaigning work by Michael Lees, whose teacher wife died from mesothelioma after being exposed to asbestos in the school where she worked, had made the public aware of the extent of the problem, said Coombes. 'We hope the government will act to protect teachers and schoolchildren,' she added.
It is estimated that today around 13,000 schools contain asbestos. It was widely used in school building projects during the second half of the 20th century.
It is claimed in an investigation in the New Statesman this week that even though the Department of Education and Science became concerned about its use as early as 1967, pressure from the asbestos industry meant that it continued to be used.
Around 2,000 people die from mesothelioma in Britain each year, a figure which has doubled since 1992 and looks set to rise further. Professor Julian Peto of Cancer Research UK has called the use of asbestos in Britain an 'extraordinary industrial error'. He believes that 90,000 more people will die from mesothelioma in Britain and that a further 90,000 will die from other lung diseases related to asbestos exposure.
'Leigh will be greatly missed by everyone who knew her,' said her solicitor. 'She was always friendly and kind to others, no matter how bad things were with her health. She was an exceptional young woman, spending time raising money for charity and raising awareness among younger people about cancer

Mesothelioma Compensation

Unite backs High Court test case on behalf of thousands of asbestos victims
2 June 2008
UNITE the Union is backing a High Court test case next week to protect the legal rights of thousands of vulnerable asbestos victims throughout the UK.
The UK's largest trade union, represented by Thompsons Solicitors , is backing a lead case in a nine-week court battle, starting on Tuesday, June 3, 2008, against insurance companies who deny liability to pay compensation in mesothelioma cases. Unite is fighting to preserve the right to compensation for people who develop the fatal disease, mesothelioma, caused by exposure to asbestos in the work place.
Unite joint General Secretary Derek Simpson said: "The union is supporting this test case to protect the right of mesothelioma sufferers and their families to obtain compensation, and to make sure that insurance companies pay out on behalf of the employers they insured when workers were being negligently exposed to asbestos.
"What's at stake here is millions of pounds which should be used to compensate asbestos victims and not be pocketed by the insurance industry. It is a sickening scenario and we will fight every step of the way to see that insurers are not allowed to pass the buck and dodge their liabilities."
Charles' daughter, Maureen Edwards said: "It's important to us that we win this test case, not just for our family, but for all those families, now and in the future, who will be devastated by this awful disease."
"My dad died a painful death due to mesothelioma and watching him go through it was agonising for all of us. But now our grief and sorrow is being dragged out and made worse by the insurers who we feel are doing all they can to get away without accepting any responsibility.
"We will not be able to move on with our lives until we have finally achieved justice for my dad."In what has become known as the "trigger issue" test case the insurers are arguing that the policies they sold to employers to insure against liability for workers becoming ill or injured due to their work, are "triggered" by the development of the disease rather than by the exposure to asbestos. Their argument breaches the fundamental principle that the person who caused the damage (i.e. by exposing workers to asbestos) pays and will be indemnified by their insurer. It is a heartlessly opportunistic attempt by insurers to take advantage of a recent Court of Appeal case involving ' Public Liability' insurance. Public Liability insurance policies are written to trigger liability when injuries develop, but Employers Liability insurance, as in this test case, was written on the understanding that the insurer's liability is triggered by the asbestos exposure which caused the damage .
Often the time lapse between exposure to the deadly dust and the development of mesothelioma can be longer than 40 years.
If the insurance companies are successful it will lead to thousands of asbestos victims and their families being deprived of their right to compensation.
In the test case, supported by Unite, the family of mesothelioma victim Charles Michael O'Farrell have previously been awarded compensation by the court of £152,000. The insurers have refused to pay this.
Whether the family ever receive the compensation depends on the outcome of the High Court test case. The decision is expected in the autumn but is likely to be appealed by whichever party loses. It is widely anticipated that the trigger issue test case may eventually be taken to the House of Lords.
Charles O'Farrell, a retired member of Unite, who died in 2003, was exposed to asbestos while working as a steel erector for Humphreys & Glasgow Limited from 1964 to 1967. The company ceased trading in1986 and is currently in liquidation.
When Charles was exposed to asbestos his employer was insured by Excess Insurance Company Limited.Excess is now refusing to pay to Mr O'Farrell's family the damages the court ordered against the employer it insured.If the High Court finds in favour of Excess it will mean thousands of mesothelioma victims and their families will be unable to obtain compensation because, if by the time the worker develops the disease the employer who exposed them to asbestos is defunct, no insurance will exist.
- ends -
Contact: Ciaran Naidoo on 07768 931 315
Notes to Editors
1. Mesothelioma is a cancer of the lining of the lung caused by exposure to asbestos. There is no cure and around 2,000 people a year are currently diagnosed with the disease in the UK.

Trgger Issue


Family wins High Court judgement for Mesothelioma Death

The family of Bob Tolley who passed away from Mesothelioma in September 2006 were successfully awarded compensation against Mr Tolleys previous employer, Humphreys & Glasgow Ltd. A judgement was issued in the High Court on Thursday 12th June, for asbestos exposure which led to mesothelioma.

This turned out to be double edged sword for the family, who although awarded compensation may not receive any of it due to the Employment Liability trigger issue being heard in the high court at the moment with six test cases going before Mr Justice Burton. The case hinges on the wording of Employers Liability Policies, insurers are arguing that the policies sold to employers insure against liability for workers becoming ill or injured due to their work, are triggered by the development of the disease rather than the exposure to asbestos. At what point does the disease begin to "exist", at the time of exposure or when it begins to develop or when symptoms actually appear?.

Often the time lapses between exposure to the deadly dust and the development of Mesothelioma can be 40 years or more, so many employers have ceased trading or gone into liquidation.

Bob's wife Betty who attended the court with her solicitor Carolann Hepworth of John Pickering & Partners, said after the judgement was awarded: "I am relieved that someone had finally taken responsibility for what happened to my husband, it has never been about the money for me or my family, how do you put a price on someone's life.
Bob was always very fit and healthy and only just 67 when he died, he did not deserve this disease and I find it very unfair he was exposed to asbestos whilst just going about his normal working life due to someone else's negligence. Ignorance is no defence for putting employees in any kind of danger at work".

The family continue to raise funds for Mesothelioma research. A charity event is being organised on Saturday 20th September comprising of a golf tournament in the day and an evening auction raffle buffet and disco at Eastbourne United football club Channelview road. Last years event raised £1403.00 for research, this year the family hope to raise even more. money. There is also a website http://www.bobtolleyfund.co.uk/ set up in memory of Bob, in conjunction with Mick Knighton Mesothelioma Snowdrop Fund & The British Lung Foundation.

If you need advice about an asbestos related illness contact any of the asbestos support groups, or John Pickering & Partners for information about making a claim for compensation.

FREEPHONE: 0800 854201
Website: www.johnpickering.co.uk
www.mesotheliomaadvice.co.uk
FREEPHONE: 0800 854201
Website: www.johnpickering.co.uk
www.mesotheliomaadvice.co.uk
Carol Ann Hepworth
Old Exchange Buildings
St Ann's Passage
29/31 King Street
Manchester, M2 6BE
Email: ch@johnpickering.co.uk
Tele: (0161) 834 1251
Fax: 0161 834 1505