March 25th, 2005
Big name insurers in the UK, including Norwich Union and British Shipbuilders, have lost their battle in the fight against paying out compensation to claimants with pleural plaques. The insurers now fact payouts of millions following the loss of the case. Their argument was that pleural plaques were not serious enough to warrant a payout of compensation, as they were not life threatening.
Pleural plaques entail scarring of the lungs, which is caused by asbestos exposure but is benign. The English High Court judge that heard the case did cut the compensation levels for those suffering with this problem, but did not stop payouts altogether, which is what the insurers had been battling for. The decision was made during a test case where ten men, all suffering from this condition, claimed that former employers were to blame for their condition because they had been negligent with regards to warnings and protection.
The men that were claiming compensation had argued that, although pleural plaques were benign, there was a risk of them developing into something more sinister and malignant in the future, such as cancer. After the court hearing, the men expressed their satisfaction with regards to the judge’s decision.
It is thought that the claimants will receive up to seven thousand pounds each, which in the past would have been up to fifteen thousand. However, the judge’s decision to cut the rate of compensation has lowered the upper limit for these and future claimants. In defense of his decision, the judge stated: "I bow to no-one in my compassion for those who contract an asbestos-related disease, particularly mesothelioma - indeed, vivid to my memory is the terminal suffering of a personal friend who contracted this condition."
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