MESOTHELIOMA A BRIEF GUIDE FOR PATIENTS AND THEIR FAMILIES

Transcription

1 MESOTHELIOMA A BRIEF GUIDE FOR PATIENTS AND THEIR FAMILIES

2 WHAT IS ASBESTOS? Asbestos is a naturally occurring fibrous mineral. It is unique as it is the only mineral that can be woven into cloth. It is strong, flexible and fire resistant. In the 1940 s asbestos was called the magic mineral. Asbestos is mined and exported from countries such as South Africa, Russia, Canada and China. There are 2 main types of asbestos: Serpentine Chrysotile (white asbestos) Amphibole Crocidolite (blue asbestos) Amosite (brown asbestos) Whilst it is thought that Amphibole asbestos is more potent than Serpentine asbestos, all asbestos causes disease such as mesothelioma, lung cancer, asbestosis and pleural thickening.

3 HOW WAS IT USED? Asbestos was widely used in industry and construction from the 1900s, it was installed as fire proofing extensively throughout the 60 s 80 s and can still be found in many buildings. Examples of asbestos use: Asbestos lagging can be found around pipework and boilers. This was mixed as powder with water and applied as a paste. The lagging often dries out and flakes and if knocked or damaged fibres are released easily. It was used extensively in hospitals and other public buildings. Asbestos was sprayed as fire insulation onto the steel girders and under floors of buildings. Asbestos insulating board was commonly used as partitioning and as ceiling tiles. Asbestos cement products were used to make roofs, wall claddings, soffit boards and rain water goods like gutters and downpipes. Asbestos was used to make friction materials like brake and clutch linings. Asbestos was used as a building material in many schools and was also present in classrooms as fire blankets, Bunsen burner mats and gauze. Asbestos gloves and blankets were provided to welders and the welding rods were coated with asbestos. Asbestos rope was used by plumbers, many also cut boiler flues and backing plates from asbestos cement products. Asbestos was used to wrap electrical cable. Asbestos was used extensively throughout the London Underground system.

4 WHO IS AT RISK? Anyone exposed to asbestos is at risk of disease. The risk increases with the level of exposure. There is a very long latency period for asbestos disease (10-60 years). People at risk today include: Asbestos laggers Pipe fitters Carpenters Electricians Plumbers Teachers Shipbuilders/dockers Power station workers and those exposed to dust from laggers at work Health professionals exposed to asbestos lagged pipes Factory workers Family members can be exposed from contact or from washing the clothes of someone exposed to asbestos at work, as well as those by living near to an asbestos factory or other environmental exposure More people die each year from mesothelioma than are killed on the roads. Asbestos pipes Asbestos roofing

5 WHAT TO DO? Mesothelioma is a type of cancer caused by exposure to asbestos dust and fibre. It usually develops in the fluid in the lining of the lungs (pleural mesothelioma) but can also affect the lining of the abdomen (peritoneal mesothelioma) and the lining of the heart (pericardial mesothelioma). Usual symptoms are of breathlessness, chest or back pains and weight loss. Following a chest X ray or CT scan you will usually have had a biopsy to confirm the diagnosis. It is important to get early legal advice from a firm of solicitors who specialise in asbestos related disease claims. In order to claim compensation it is necessary to prove that you were negligently exposed to asbestos either by an employer, contractor or occupier of premises at a time when they knew or should have known of the dangers of asbestos. Although many people assume that no one knew it was dangerous the reality is that the risks to health from asbestos were known about for a long time. There is no need to worry about legal costs as you or a family member can contact us free by telephone on or by going to our website at We will arrange to see you at home or hospital, wherever you are and at your convenience. We will discuss your case in full and advise what we think or it and how to proceed. Our service is free of charge to you. If we proceed with the case most cases can be dealt with under a no win no fee agreement. This means that if you succeed in the case the legal costs will be paid for by your opponent. If the claim fails then you do not pay us and we protect you against any costs of losing with insurance. If you win you will keep 100% of any compensation agreed or awarded.

6 WHAT IF MY EMPLOYER NO LONGER EXISTS? This is a common problem and even if the company no longer exists it is often possible to trace their insurers who will then be responsible for dealing with the claim. In the event that neither the company nor their insurers can be traced it is possible to put forward a claim to the Diffuse Mesothelioma Payment Scheme. This scheme was set up to provide compensation to people who were negligently exposed to asbestos but who cannot bring a civil claim for compensation against an employer or their insurance company. Payments are made under an age related tariff but generally speaking they are less than most civil claims. As an application to this scheme can affect your entitlement to other lump sum payments available it is important to seek specialist legal advice before considering this. HJA are experienced in tracking down the employers liability insurers for dissolved companies. Asbestos fibres under microscope

7 MARGARET S STORY Margaret Ward worked in a factory in Peterlee, Durham between 1963 and Her job was to apply wood stain to fire surrounds. Although she did not work with asbestos herself, asbestos board was cut by joiners to fix as a backing to the surrounds she handled. She did not know of this exposure when she contacted us. In 2014 she developed a persistent cough that would not respond to treatment and eventually she was taken to hospital for treatment for pneumonia. It was here that it was discovered that she had mesothelioma. We put a witness appeal into the local paper and were able to find ex colleagues from the factory who could confirm the fact that she was exposed to asbestos and how she unknowingly came in contact with the dust each working day. The company had long since closed down and despite searching we were unable to trace the insurance company for the time of Margaret s employment. However we were able to submit an application to the Diffuse Mesothelioma Payment Scheme and supported by the evidence of the witnesses the claim was accepted and she received the compensation payment. To find out more about Margaret s story visit

8 ARE BENEFITS AVAILABLE? We will also advise you on state benefits that are available. You may not have claimed any state benefits before but there are specific payments available for sufferers of certain dust diseases. You may be eligible for benefits, these include: Industrial Injuries Disablement Benefit (IIDB): If you were exposed to asbestos during your employed work and suffer one of a number of certain asbestos related conditions, including mesothelioma, you can claim a weekly pension. This is currently payable at per week. Pneumoconiosis Etc. (Workers Compensation) Act 1979: This is a lump sum payment that you may be entitled to if you are awarded IIDB. Diffuse Mesothelioma Scheme 2008: A lump sum payment for people who suffer from mesothelioma but were not exposed to asbestos during employed work, for example from the clothes of their partner or during self employment. War Pensions Scheme. If you were exposed to asbestos during service there are payments available depending on your circumstances. Contact Veterans UK Helpline on You may also be entitled to claim other state benefits if you have difficulty walking or need help looking after yourself, for example: Personal Independence Payment (PIP): a benefit for people aged under 65 Attendance Allowance: a benefit for people aged 65 or older. Carer s Allowance: a benefit for a carer looking after a disabled person. Blue Badge Scheme: Disabled parking badge. Industrial Injury benefits are not means-tested. They could, however, have an effect on other means-tested benefits you may receive.

9 These are the age related awards as at April 2016 under the Pneumoconiosis Etc. (Workers Compensation) Act 1979: Age when Payment Age when Payment diagnosed diagnosed 37 or under 86, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , and over 13,455 It is important that the information given on the forms is accurate, as it can be used to support any civil claim that you intend to make. We can provide advice on the benefits available and will help complete the necessary forms when we visit.

10 PAT STONE MESO SUPPORT Patricia Stone spent her working life teaching science. After finishing her teacher s training she taught at schools in Essex and Sutton before moving to a school in Wandsworth in The school was run by the Inner London Education Authority and they adopted the Nuffield Combined Science and Biology Syllabuses as a method of teaching science. This involved the far more practical involvement of pupils in experiments. Pat worked at the school until 1989 and in the course of each working day she would handle the asbestos mats placed under Bunsen burners as well as the little asbestos impregnated gauzes used on top of the Bunsen tripods. Over time the mats became frayed and dust and fibres were given off from handling the mats. This was simply brushed off her hands. Towards the end of 2013 she started to develop symptoms of chest pain and after extensive investigation she was given the diagnosis of mesothelioma in December Her daily exposure to asbestos in the classroom was the cause of the mesothelioma. She pursued a claim for damages against her former employers but sadly she died before the claim was concluded. Although ILEA never admitted responsibility they settled the claim in full with her husband, Graham. He has used the damages to set up a fund in his wife s name to provide assistance and support to mesothelioma sufferers. Pat Stone Meso Support is working with Mesothelioma UK to help fund a dedicated Mesothelioma Cancer Nurse Specialist for London. In addition they are providing funds to help finance research into this disease.

11 WHY HODGE JONES AND ALLEN? We have an excellent reputation for our work in winning mesothelioma cases. Our skill in helping mesothelioma sufferers is widely recognised by legal and medical professionals, as well as by other organisations, support groups and charities we work with and support, including Mesothelioma UK and MacMillan advisors. By choosing Hodge Jones & Allen to deal with your mesothelioma claim, you will have direct access to dedicated and accredited solicitors who specialise in mesothelioma cases and who will handle your claim in a sensitive manner from start to finish. We pride ourselves on providing a friendly, personal and professional service. We will always put your needs and interests first. USEFUL CONTACTS Mesothelioma UK - Tel: British Lung Foundation - Tel: Macmillan Cancer Support - Tel: Asbestos Victims Support Groups Forum UK - Tel: London Hazards Centre -

12 ind out more about Margaret s story and the impact of asbestos visit OUR CONTACT DETAILS Call Isobel Lovett Partner, Head of Industrial Disease and Illnesses Hodge Jones & Allen 180 North Gower Street London NW1 2NB Tel: To find out more about Margaret s story and the impact of asbestos visit