Wednesday, November 10, 2010

Asbestosis, Mesothelioma And The Consequences Of Asbestos Exposure

By Simon Dayshen

Asbestos was widely favored in the construction industry at the end of the 19th, and in the early years of the 20th century. Asbestos has high resistance to electricity, is fire retardant, and is cheap and easy to use. The health risks were unfortunately not understood at the time, and many workers in the industry were exposed to severe and prolonged health risks. Airborne asbestos fibers can get lodged in the worker's lungs, and are not easily expelled. The fibers are also sharp, and can puncture and penetrate body tissues. The health legacy faced by asbestos workers is quite appalling, and many now suffer from debilitating, painful and often fatal diseases. Asbestosis and mesothelioma claims have been filed successfully in courts all around the world, many companies involved in the industry have so much liability they have filed for bankruptcy protection, and some companies have even faced criminal charges.

Asbestos is now known to cause asbestosis, mesothelioma, various other cancers, and pleural plaques. Asbestosis is a lung disease. It was first reported medically in the Nellie Kershaw case (England, 1924). The body produces an acid to try and dissolve the asbestos fibers lodged in the lungs. Eventually the acid scars the lung tissue, often to such a degree that respiratory failure results. The condition can take 10-20 years to develop after exposure to asbestos.

Mesothelioma is a type of cancer. It affects the mesothelial lining, which is a lining to various parts of the body, including the lungs and chest cavity. The only known cause of this cancer is asbestos: unlike other lung cancers it is not associated with smoking in any way. It is usually fatal, most patients will not even survive for one year after diagnosis. The latency to develop mesothelioma can be 20-50 years from asbestos exposure.

Other cancers, including lung, kidney, larynx and gastrointestinal cancers have also been linked with asbestos exposure. Latency periods of 15-30 years have been reported.

Pleural plaques are diffuse or localized fibrosis of the pleura, and are less serious than asbestosis and mesothelioma. In the UK courts a decision to award compensation to asbestos workers suffering from pleural plaques was overturned by the Court of Appeal, and the decision was upheld in the House of Lords.

The House of Lords seem to accept the argument advanced by the insurers than pleural plaques are no more than a marker for the presence of asbestos, rather than being an injury for which compensation should be paid. Therefore pleural plaques are not currently actionable in the UK.

However asbestosis claims and mesothelioma claims have often been made successfully in many courts and in many countries. These diseases are now the subject of one of the largest cases ever: in a US class action there are more than 600,000 claimants and over 6,000 defendants.

The first ever asbestos lawsuits were in England, just five years after the death of Nellie Kershaw from asbestosis in 1924. Although neither Kershaw nor her relatives received any compensation, the inquest and subsequent UK government enquiry established a clear link between her death and her work with asbestos in a textile factory.

Another possibly important case, which this time involves mesothelioma claims, was the case of Michelle Campbell, who contracted the disease through contact with a relative's work clothes.

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