Tuesday, 28 October 2008

Mesothelioma

Mesothelioma is a form of cancer which affects the thin
membranes lining the chest (pleural Mesothelioma) or, less
commonly, the linings of the abdomen (peritoneal Mesothelioma).
It may also surround the organs within these cavities for example
the heart, lung and intestines.
Pleural Mesothelioma
The pleural lining has two layers – an inner (visceral) layer lining
the lung and an outer (parietal) layer lining the chest wall. The
pleura produce fluid to lubricate the space between the two layers
allowing the layers to slide comfortably over each other as we
breathe.
Pleural Mesothelioma causes the pleura to thicken. This may
make it press on the lung or attach itself to the chest wall. Fluid,
sometimes several litres, can collect between the two layers and
cause breathlessness. This is known as a pleural effusion.
Peritoneal Mesothelioma
The peritoneum also has two layers, the inner (visceral) layer next
to the abdominal organs and the outer (parietal) layer lining the
abdominal wall. Peritoneal Mesothelioma causes the peritoneum
to thicken and fluid (known as ascites) to collect in the abdomen
causing it to swell.
What Causes Mesothelioma
Exposure to asbestos is the only known cause of Mesothelioma. It
was a relatively rare disease up to the 1980’s, but is now occurring
more frequently because of the heavy industrial use of asbestos in
the post-war years. For most people diagnosed with Mesothelioma
the exposure happened 20-40 years previously although it could,
in some instances, be a longer or a shorter interval. Sometimes the
asbestos exposure may have been very brief and not always easy
to identify. Mesothelioma is, however, more common in people
who have had repeated exposure, usually in a work environment.
There are several types of asbestos all of which have been known
to cause Mesothelioma.
How Is Mesothelioma Diagnosed
Early diagnosis is difficult. In most cases the first obvious sign is
sudden breathlessness caused by an accumulation of fluid in the
pleural space. It may be accompanied by other symptoms such
as chest pain. Scans and X-rays can provide strong evidence to
support the diagnosis especially coupled with a history of asbestos
exposure.
However, other diseases can produce these symptoms and to
be certain of a correct diagnosis more investigations often need
to be carried out. Scans, fluid taken for laboratory examination,
needle biopsy or keyhole surgery to take a biopsy (a small sample
of tissue) are likely to be carried out to help confirmation of
diagnosis. These tests and results could take several weeks to
complete.
Is There Any Treatment That May Help
Mesothelioma responds very little to the normal cancer treatments
such as chemotherapy and radiotherapy. Any treatment offered
depends on several factors. These should include patient choice,
how well someone is, and how advanced the disease is. At present,
there is no known cure for this disease.
The initial most helpful treatment deals with the symptoms of
the disease. Removing fluid from around the lung can help to
relieve breathlessness. It can be drained either by drawing it
off or inserting a small drainage tube. However, fluid often re accumulates and the chest physician or surgeon may perform a procedure called a 'Pleurodesis’.
This is an attempt to “stick” the lung surface to the chest wall by
inserting sterile talc into the pleural space. This may be done by
a surgeon using ‘keyhole surgery’ otherwise called VATS –Video
assisted thoracoscopic surgery.
Surgery
A relatively minor form of surgery may be carried out during the
VATS procedure, involving the removal of some of the tumour.
Surgery may also improve some of the symptoms of the disease.
A major operation called an Extra-pleural Pneumonectomy (EPP)
is suitable only for a very select group of patients with early stage
disease and who are physically and mentally able to tolerate such
extensive surgery. The operation involves the removal of the whole
affected lung along with its lining, the lining of the heart and part
of the diaphragm. A limited number of thoracic surgeons in the
country can carry out this procedure Assisted Thoracoscopic Surgery
Chemotherapy
This is drug treatment to destroy or control cancer cells. Unlike
other cancers there is no evidence that chemotherapy ever cures
Mesothelioma. Some trials and studies have however indicated that
it may help to improve symptoms temporarily and may extend life
expectancy slightly.
Not all patients with Mesothelioma will benefit from chemotherapy
and there is no way of knowing which patients will benefit and
which will not. It is important for you to discuss this with doctors
and nurses involved in providing it.
Radiotherapy
This is the use of high energy radiation to kill diseased cells in the
body. In Mesothelioma it can be used in two ways:
1)A short course of treatment to the chest wall where a biopsy has
been done. This is a preventative measure and is intended to stop
Mesothelioma growing in the skin layer.
2) Some patients may benefit from some pain relief following
radiotherapy

Approximately 1800 new cases of Mesothelioma are diagnosed each year in England. The large majority of patients will die within a year of diagnosis and only a very small minority will survive 5 years.
It is imperative that Mesothelioma patients should be diagnosed as early as possible, offered radical treatment where this is appropriate, have access to optimal palliative interventions and care and be offered appropriate information and advice including on financial benefits and possible compensation.
A Framework has been developed by the Department of Health on advice from members of its Lung Cancer and Mesothelioma Advisory Group and from the British Thoracic Society. It includes comments received during consultation with cancer networks, professional groups and patients groups. I have no doubt that implementation of the recommendations in this Framework will improve quality for care for patients with Mesothelioma.
Professor Mike Richards
(National Cancer Director )


There are around 1800 new cases of Mesothelioma a year in the UK and the disease is almost always fatal. More people die of mesothelioma than of cervical cancer, malignant melanoma or endometrial carcinoma. Mesothelioma incidence is still rising and is expected to peak between 2010 and 2015. Between 2006 and 2020 up to 30,000 people will die of the disease in the UK.
In most cases, Mesothelioma is an industrial disease which leads to complicated legal and financial information needs.
More research is necessary if outcomes are to be improved;

Mesothelioma is a cancer which principally affects the lining of the lungs (pleura). However it can also affect the peritoneum (a thin lining in the abdomen), and occasionally, arises in the membranes covering either the testes (tunica vaginalis) or the heart (pericardium). Over 90% of Mesothelioma with a known first site occurs as pleural Mesothelioma.

Mesothelioma has a very strong association with exposure to asbestos and is exceedingly rare in its absence. When asbestos fibres are inhaled, malignant change occurs in a proportion of individuals and cancer of the pleura can follow. It is believed that nearly all deaths caused by Mesothelioma are linked to asbestos exposure.

There is a long ‘lag time’ between exposure to asbestos and the development of Mesothelioma, this varies from a minimum of about 10 years upwards, the average interval being in the order of 30-40 years

Cases of Mesothelioma in the UK used to occur mainly in people who had worked in ship building and heavy engineering (which used significant amounts of asbestos) and asbestos product manufacturing industries. For this reason, Mesothelioma was more common in areas such as Scotland, the North East and Southern England where many of these industries were based.

An increasing proportion of cases are now being diagnosed in individuals who may have had less intense exposure such as the building industry (carpenters, electricians, demolition workers etc.) and people who have worked in buildings where asbestos construction materials have been used and become disturbed in some way. It is estimated that these now represent the majority of new cases and therefore there is a large number of people who are at risk of the disease who may be unaware of their exposure to asbestos.

Men are far more likely to develop Mesothelioma than women, mainly because they were more likely to have been exposed to asbestos in the course of their work than women were. However, family members of people exposed to asbestos also have a higher risk of developing Mesothelioma because of fibres brought into the home on work clothes. A third group of cases probably arise because of ‘environmental’ exposure, for example in individuals who have lived in close proximity to asbestos factories or dumping sites. There is also a small number of deaths each year in people with no history of asbestos exposure – evidence suggests that there are likely to be at least 50 of these so-called “spontaneous” Mesothelioma cases each year in Great Britain.


The use, supply and importation of asbestos and asbestos products is now banned for all but a few exceptions by the Asbestos (prohibition) Regulations. Work with asbestos generally requires a licence and the use of strict control measures, including personal protective equipment such as respirators. The latest revision of the Control of Asbestos at Work Regulations introduced, from May 2004, a duty on those responsible for commercial premises to manage the asbestos contained in them (source: www.HSE.gov.uk).

The Health & Safety Executive (HSE) has found that the geographical variation in incidence is associated with the geographical locations of asbestos related industries. High risk areas tend to be those containing, or near to, industrial sites where asbestos was used extensively in the past – shipyards, asbestos manufacturing factories and railway engineering works for example (source: www.hse.gov.uk).

Information from the Health & Safety Executive (HSE) also shows that the annual number of Mesothelioma deaths is increasing from 153 in 1968 to 1633 in 2000 to 1969 in 2004. The annual total number of Mesothelioma deaths in Great Britain is predicted to peak during the period 2011 to 2015 at a level up to 2450 deaths per annum

The survival rate for Mesothelioma is poor compared with other cancers. This is thought to be due to the advanced nature of Mesothelioma at the time of diagnosis and the lack of effective treatments. However, with earlier detection and improved services it could be possible to extend and improve the quality of life of Mesothelioma patients and there is the potential for radical therapy in a small minority of patients which could significantly increase their length of survival. At the very least, such early stage patients should have the opportunity to be entered into high quality trials of new therapeutic approaches.

Raising Awareness
As with all cancers, it is likely that the earlier Mesothelioma is diagnosed the better the outcome for the patient in terms of improved symptom control and possibly length of survival. To ensure early presentation, the awareness of Mesothelioma among two target audiences needs consideration:
A. The Public;
B. Clinicians (both in primary care and non-specialist hospital departments).

There is very little known about public awareness of this condition and whether/if there is benefit to be gained by raising awareness of the risk across the general population given the potential psychologicial impact of knowing that, even if you were diagnosed early, Mesothelioma is at present an incurable disease.
Supportive and Palliative Care
As Mesothelioma is almost always fatal, all patients will need palliative interventions and care at different stages of their illness. Supportive and palliative care therefore has a key role to play for both patients and their families and carers.
Patients with Mesothelioma frequently suffer distressing symptoms. These may include breathlessness, chest pain, fatigue and weight loss. Intractable pain in particular is a key issue. Specialist palliative care including specific interventions such as radiotherapy to the site of chest drainage/biopsy, nerve blocks & cordotomy, are of particular importance in providing relief for some patients.

The MARS (Mesothelioma and Radical Surgery) study (funded by Cancer Research UK and the June Hancock Mesothelioma Research Fund). This is a pilot study to determine the feasibility and acceptability of performing a randomised trial comparing extra-pleural pneumonectomy (EPP) against no EPP surgery within the context of trimodality therapy (chemotherapy, surgery, post-operative radiotherapy). It is currently recruiting ahead of schedule;

The MESO-VATS study (funded by the BUPA foundation) – a prospective randomised controlled trial of video-assisted thoracoscopic (VATS) cytoreductive pleurectomy compared to talc pleurodesis in patients with suspected or proven malignant Mesothelioma. This has been underway for 2 years and is expected to expand into further centres.

The MES01 trial - a trial which compared chemotherapy against active supportive care alone for patients with malignant pleural Mesothelioma recently closed for recruitment. It is expected to report in 2007 and planning is underway for MES02.

The National Cancer Research Institute (NCRI) Lung Clinical Studies Group has established a Mesothelioma sub-group to facilitate the development of these and other clinical trials in the disease

Benefits Related to Employment - A patient (except if they were self-employed) may be entitled to the following benefits, if they have developed Mesothelioma after coming into contact with asbestos as a result of paid employment:
a) Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme – a patient may be eligible to make a claim under this scheme if it is believed that the disease developed because of a job done before 5 July 1948;
b) Industrial Injuries Disablement Benefit (IIDB) – a patient may be eligible for this benefit if the disease developed because of a job involving working with asbestos or being exposed to asbestos after 4 July 1948
Claims for both these benefits should be made as soon as possible so that a patient does not lose out on benefits they may be entitled to. Patients, their families, or NHS staff can contact the Benefit Enquiry Line on 0800 88 22 00 if they need further information.

If exposure to asbestos might have happened during service in the armed forces rather than in other employment, a claim can be made for a war disablement pension from the Veterans Agency by contacting on 0800 169 2277.

Other Benefits
Other benefits that patients with mesothelioma or their carers may be eligible to claim (sometimes in addition to the benefits above) include:
a) Disability Living Allowance – if someone is under the age of 65 they may be able to claim this allowance if they need help with personal care needs or have difficulty getting around because of their illness.
b) Attendance Allowance – if someone is over the age of 65 and needs help with personal care needs because of their illness, they may be able to claim an Attendance Allowance. If a patient’s illness means that they are not expected to live for more than six months, special rules apply to claims for this allowance to make sure any entitlement is received quickly and easily.
c) Constant Attendance Allowance – if a patient is in receipt of Industrial Injuries Disablement Benefit or a War Disablement Pension and needs daily care and attention because of the disability they may also be entitled to claim a Constant Attendance Allowance.
d) Carer’s Allowance – if a patient is in receipt of the highest or middle rate care component of Disability Living Allowance, Attendance Allowance or some rates of Constant Attendance Allowance and has someone helping to look after them, they may also be entitled to claim a Carer’s Allowance.
e) Other Benefits may also be paid to replace or top up earnings and
help with housing costs - it is important that patients get expert advice about all these benefits and the Benefit Enquiry Line on 0800 88 22 00 is a useful starting point.
Compensation

If Mesothelioma is likely to have been caused by exposure to asbestos at work, it may be possible to claim compensation from the employer, or from several employers, by suing them for negligence. If Mesothelioma is likely to have been caused because of clothing contamination or environmental exposure, it may also be possible to claim compensation from the relevant firm.

This is a very specialised area of law and a patient or their family should seek advice from a specialist solicitor who will know how to deal with a claim and to make sure it is dealt with as quickly as possible. If the person with Mesothelioma is a union member, or was when they worked with asbestos, their union may be able to refer them to an experienced solicitor. If not, a local Asbestos Victims Support Group if one exists in the area, will be able to help with advice. They will know of expert solicitors. The Association of Personal Injury Lawyers also has a list of experienced asbestos solicitors and the Law Society, or the Law Society of Scotland, will be able to provide a patient with a list of solicitors in their area.

As exposure may have happened several decades ago, an employer may no longer be in business. This does not mean that a claim cannot be made, as the solicitor may be able to claim against the employer’s insurer.

In addition, the Pneumoconiosis Etc. (Workers’ Compensation) Act 1979 provides one-off lump sum compensation for sufferers (or their dependants if they have died) of this disease who are unable to claim damages from the employers who caused the disease, because they have ceased trading.

Sources of help, advice and support
Leaflets are available for some of the benefits referred to in this annex setting out more information about the qualifying conditions, how to claim and where to obtain the relevant claim forms. These can be downloaded and printed from: http://www.jobcentreplus.gov.uk/jcp/customers/leaflets_and_guides/dev_011720.xml.html.

In addition, the following are useful sources of advice for patients with, or families affected by, Mesothelioma along with NHS employees who may require advice:

a) Mesothelioma UK (the National Macmillan Mesothelioma Resource Centre): 0800 169 2409
b) Cancer BACUP: 0808 800 1234
c) British Lung Foundation helpline: 0845 850 5020
d) Department for Work and Pensions benefit enquiry line 0800 88 22 00, Textphone 0800 24 33 55
e) Forum of Asbestos Victims Support Groups: 0161 636 7555
f) Association of Personal Injury Lawyers: 0870 609 1958
g) Law Society: 0870 606 6575
h) The Law Society of Scotland: 0131 226 7441
i) Local Citizens Advice Bureau, Veterans Agency, Welfare Rights Organisations and Trade Unions can be found in the phone book.
j) Veterans Agency 0800 169 2277, Textphone 0800 169 3458
k) Benefit Enquiry Line: Phone: 0800 88 22 00Textphone: 0800 24 33

http://www.direct.gov.uk/disabledpeople

Monday, 27 October 2008

Roselands Fishing Club Charity Donation

The Roselands fishing club held two matches in memory of Bob Tolley and raised £250.00 for the Bob Tolley Mesothelioma Snowdrop Fund.
Prizes were kindly donated by Polegate Angling, Anglers Den, JF Construction, Anglers Cabin and PACES who also donated match fees for the day.
Our thanks to Stuart Hobden, Nigel Hagar and all the members for their kind donation to the fund.
Above left Stuart Hobden and Nigel Hager present the cheque for £250.00 to Betty Tolley on the charity night Saturday 20th September 2008 at Eastbourne United Football Club.
Above right the Roselands Fishing Club members.

Thursday, 16 October 2008

Charity Day 2008

The charity day held on Saturday 20th September, in aid of the Bob Tolley Mesothelioma Snowdrop Fund was again a great success, we raised with your help over Three Thousand Pounds for Mesothelioma research, which is great news.
The Bob Tolley Golf Trophy held at Horam Park Golf Club was won by Dan Isted.(Pictured above). The club very kindly donated a golf club for our auction and also looked after the thirty three golfers who played. So a huge thank you to Steve Greenfield and his team there.

Bernie Barnaville was again our excellent auctioneer, he managed to get over a thousand pounds on the auction alone.

Once again we could not have done so well without help from friends, family and Eastbourne United Football Club. We would like to thank you all for your continued support of our charity in memory of my dad.

A big thank you also to C Brewer & Sons who donated £500, Serco Eastbourne £250, Hotchkiss Ltd Eastbourne £100.Andy Shelley £50, Adam Burke £15, Mrs Norwell £10, Jon & Rachel Humphrey £30, Jill & Phil (Tesco Eastbourne) £20, Keith & Jean Garner £10, Mick & Jan Sands, £10, Dave Sands £5,Willingdon Golf Club, The Royal Eastbourne Golf Club, Eastbourne Golfing Park, Wellshurst Golf Club, Malcolm Farrow of Antalis Paper Merchants, Nicky at Beauty Basics, Mo Mambo Restaurant, Pizza Express, Domino's Pizza, Rumblebellys, Pete Veevers Plumb Centre, Ministry Of Hair, Split Endz, Starbucks, Southern FM, WH Smith, Sarah Mason NC Soft, Nick Faldo Enterprises, Colin Montgomerie, Justin Rose, Game Group, Roy Galloway Curzon Cinema, Horam Park Golf Club. Who kindly donated money and auction prizes.

Thank you also to everyone who donated raffle prizes and gave us their time.

This is an annual event to not only raise funds but also awareness of Mesothelioma & Asbetsos diseases.More Details can be found on www.bobtolleyfund.co.uk

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