Pleural plaques, a miscarriage of justice?
Recent news stories have suggested that the government may be looking to overturn its current stance on pleural plaques and compensation claims.
Back in early 2006 a court of appeal handed down a judgment which overturned 20 years of precedent stating that victims with pleural plaques could make a claim. The court by a 2-1 majority found that pleural plaques are not a compensable condition and this highly controversial decision has been criticised since the judgment was handed down.
The Scottish parliament overturned the decision in 2007 and now Gordon Brown has hinted at a decision being made on the situation once parliament reconvenes after its Easter rescission. If the court’s decision is overturned, courts across to UK could see an influx of compensation claims come in.
What are pleural plaques?
Pleural plaques are described by Dr. Abe Reinhartz as "well demarcated usually bilateral areas of fibrosis present on the inner surface of the ribcage and the diaphragm. They are often partly calcified." The important thing to remember is that a pleural plaque can turn into mesothelioma, a form of cancer which is nearly always linked to some form of asbestos exposure.
Any one suffering from a pleural plaque shouldn’t suffer from any respiratory problems unless they are well above average size. Sufferers can lose some breathing capacity, but pleural plaques alone are not generally considered to be life impairing. If anyone has been diagnosed with a pleural plaque then it is highly recommended that further lung screenings are done so that any further diseases such as lung cancer and other less serious respiratory problems will be caught early.
Why was the pleural plaques ruling overturned?
Lady Justice Smith who commented on the ruling said that “In my judgment, such a tissue change does amount to an injury… The presence or absence of symptoms goes only to the question of how serious the injury is… The plaques are of the same nature whether they are extensive or limited and, in my view, if extensive plaques are an injury, so are limited ones… I cannot accept that a visible tissue change (such as a lesion caused by radiation on the skin) is different in nature from a tissue change which is hidden within the body… I would also hold that pleural plaques are a disease…
In summary, I would hold that, in cases of pleural plaques such as are found in this group of cases, the claimant's cause of action is complete at the time when the pleural plaques formed because, by that time, he was already subject to appreciable risks of serious conditions arising from the same wrongful act.”
What will the new ruling mean?
If the government uphold the court’s ruling then little will change and in many people’s opinion many will be denied a chance of compensation which they are duly owed. If the court’s decision is overturned by the government then the flood gates will open and whilst it may seem all is well for anyone wanting to make a claim there is little doubt that the insurance companies will want to fight the decision.
It is as yet unclear just what the government will announce once they reconvene after Easter, but until then the fact of the matter is many could well not be able to claim for the compensation that they are duly owed.
Our Promise
Compclaim are accident claims specialists in the UK. We guarantee our clients the highest levels of service and every case is processed under our completely free no cost scheme.
- 100% Compensation Guarenteed
- Fast, Friendly Service
- No Deducations
Remember you receive 100% of your compensation
With many years experience in handling Personal Injury Claims, we believe our clients deserve High standards of service. We speak to you in plain English and ensure that every step of your Personal Injury Compensation claim is handled with the utmost professionalism.
If you would like to discuss your claim in absolute confidence complete our no obligation application form and one of claim advisors will call you back or call us now.
Road Traffic Accidents
Accidents at work
Medical Negligence
Industrial disease
Information Centre
  |
Asbestos in schools: what is being done? Over the past year, teachers across the UK have been awarded over £18 million in compensation for injuries at work and other disputes. The vast majority of those injuries were down to work... [Read More] |
 |
Pleural plaques, a miscarriage of justice? Recent news stories have suggested that the government may be looking to overturn its current stance on pleural plaques and compensation claims. Back in early 2006 a court of appeal handed down... [Read More] |
 |
Asbestos campaigners hail government meeting Asbestos has been of major concern to thousands of British workers in recent years, with many cases each year involving the substance leading to severe personal injury and death. Campaigners... [Read More] |
