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Pleural Plaques Scotland

Good News for Pleural Plaques Victims

Pleural plaques are the most common disease caused by exposure to asbestos. They take the form of a white or yellow thickening on the pleura and generally involve both lungs. The plaques are usually symmetrical and similar in size and can become calcified. Sufferers of pleural plaques can suffer restricted lung function, as the lungs often scar, becoming thicker and less elastic. In addition, pleural plaques are often a precursor to asbestosis, a condition that can result in breathlessness, chest-pain, coughing and a build-up of fluid in the tissues of the fingers. Other potential conditions include lung cancer and pleural mesothelioma. Pleural plaques can take between 15 - 20 years to manifest. The NHS estimates that pleural plaques affect around 50% of workers who endure heavy exposure to asbestos.

A controversial issue

Recent legislation in Scotland has overturned a bid to invalidate The Damages (Asbestos-related Conditions) (Scotland) Act. The Act asserts that certain asbestos-related conditions, including pleural plaques, are to be considered as ‘actionable personal injuries’. The Act was challenged by insurers of asbestos companies, who fear billions in compensation will have to be paid out. Unfortunately it is not the same in England and Wales where pleural plaques does not give rise to a compensation claim.

Nicholas Jervis, managing director of compensation claims specialists, 1stClaims says: “Insurers have tried to overturn the Damages Act on a technicality. Pleural plaques themselves are symptomless and current laws state that compensation is only payable when there are physical symptoms. What this challenge fails to recognise is that sufferers of pleural plaques are more likely to develop debilitating and potentially life threatening conditions, such as mesothelioma. Without exposure to asbestos, the likelihood of developing these conditions is much, much less. They also have to live with the fear that the pleural plaques may develop into a far more serious condition.”

Nicholas’ views are echoed strongly by others. An ex-shipyard joiner, Robert Adam, is one of only a few left alive from the workforce he worked with on the Clyde. He said: “Out of 150 joiners who worked with me, only 35 are left alive. The others all died well before they were 65, most of them from mesothelioma or lung-cancer.” Many Scottish compensation claims have been held in limbo until the recent ruling. Jervis sees this as: “a fantastic victory for the victims of pleural plaques. What we really need now is for the legislation to extend across the whole of the UK. For too long, victims of pleural plaques have been the silent sufferers of asbestos-related illness.” The Government has responded by saying that they are going to give “active consideration” to the victims of pleural plaques, although a decision is not expected to be reached until the end of the summer of 2010.

Jervis agrees with Judge Lord Emslie that any bid by insurers to overthrow the recent ruling would be “irrational”. “In the light of the Scottish Parliament’s decision, we can only hope that the House of Lords see sense and follow suit. Too many people have suffered and died as a result of heavy exposure to asbestos. It is time to redress the balance for the surviving victims and to provide them with the compensation to which they are entitled,” Jervis concludes.

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