Mike Hall MP

Labour Party | Weaver Vale

Pleural Plaques

7 January 2008

Pleural plaques is a disease caused by exposure to asbestos causing scar tissue on the pleura.

On the 17th October 2007 there was a ruling by the House of Lords that pleural plaques cannot be compensated in English Law.

Mike Hall MP said:-

"This judgement is perverse in law and completely incomprehensible to those victims who suffer from pleural plaques.

"I understand the Lords ruling is based on the view that a final settlement for people exposed to asbestos and therefore potentially at risk of developing lung cancer or mesothelioma cannot be determined at the stage when people develop pleural plaques.  They have therefore ruled that pleural plaques cannot be compensated at all. This is absurd.

"This judgement prevents those who suffer from pleural plaques and do not go onto develop lung cancer or mesothelioma from seeking compensation whilst they are alive.

"It prevents those who are suffering from pleural plaques and want compensation at this time from seeking final damages.  They seek final damages in the full knowledge that if they do develop lung cancer or mesothelioma they will not be able to seek further compensation.  This is a choice the victim of exposure to asbestos takes knowing the full consequence of their choice."

There are other aspects of compensation law where medical conditions that could develop into terminal medical conditions are able to be compensated for.

Between 1984 and 2005 all 22 Senior Lawyers sitting as County Court Judges hearing claims for pleural plaques have awarded compensation in the region of £15,000 to £20,000.  The effect of the House of Lords ruling is that all these claims were invalid.

Mike Hall MP said:-

"In am very concerned about this ruling and the effect it will have on those who have been exposed to asbestos. I have written to John Hutton MP, Secretary of State for Business & Enterprise asking him to look into this matter."