Showing posts with label asbestos mesothelioma. Show all posts
Showing posts with label asbestos mesothelioma. Show all posts

News: Appeal over asbestos law ruling

Insurers have appealed against the decision to allow legislation which gives victims of an asbestos-related illness the right to claim damages.

Last week, a judge rejected a bid to invalidate The Damages (Asbestos-related Conditions)(Scotland) Act which came into force last year.

It allows sufferers of pleural plaques, a benign scarring of the lungs, to make compensation claims.

Aviva, AXA, RSA and Zurich believe the Scottish Parliament act is "flawed".

The law overturned a House of Lords ruling which said damages could not be claimed for the illness, which is not classed as a disease and has no symptoms.

'Good grounds'

Although pleural plaques does not cause or develop into a more serious asbestos-related condition, it does signify an increased risk of developing mesothelioma because of exposure to asbestos.

Nick Starling, director of general insurance and health with the Association of British Insurers, said: "After careful consideration and legal advice, insurers consider that there are good grounds for this appeal.

"Insurers have not taken this decision lightly, and it reflects their strong view that The Damages Act is fundamentally flawed as it ignores overwhelming medical evidence that plaques are symptomless, and the well-established legal principle that compensation is payable only when there are physical symptoms."

The ABI said the appeal would not affect insurers commitment to pay compensation to people with asbestos-related diseases, such as mesothelioma.

Source: BBC News (14/01/10)



News: Scottish asbestos law challenge rejected

A judge has rejected a bid to invalidate a Scottish Parliament law giving victims of an asbestos-related illness the right to claim damages.

Following a 22-day hearing at the Court of Session, Lord Emslie ruled against the move by UK insurance companies.

They disputed The Damages (Asbestos-related Conditions)(Scotland) Act which came into force last year.

It allows sufferers of pleural plaques, a benign scarring of the lungs, to make compensation claims.

The Holyrood law overturned a House of Lords ruling which said damages could not be claimed for the illness, which is not classed as a disease and has no symptoms.

Although pleural plaques does not cause or develop into a more serious asbestos-related condition, it does signify an increased risk of developing mesothelioma because of exposure to asbestos.

A judicial review of the act was brought by AXA General Insurance Ltd and other insurance companies.

'Differences of opinion'

The insurers said the act would benefit a small group of individuals who had suffered no harm and would impose a "disproportionate and excessive burden on insurers running into hundreds of millions, if not billions, of pounds".

Lord Emslie's written ruling concluded: "There is clearly room for differences of opinion as to whether the parliament was right to legislate in the way it did, and it remains to be seen whether the 2009 Act will prove to have adverse legal or political consequences in years to come."

But the judge said he did not accept that the insurers' complaints came anywhere near the standard of "irrationality" needed to invalidate an Act of the Scottish Parliament.

The Association of British Insurers (ABI) said they are now seriously considering the grounds for an appeal.

Justice Secretary Kenny MacAskill said he welcomed the decision.

He added: "The Scottish government believes that the legislation is right in principle and right in law and has been unequivocally upheld.

"I firmly believe that people with pleural plaques should be able to raise a claim for damages and I am pleased that this decision has gone in their favour.

"I sincerely hope that the insurers will now carefully reflect on what Lord Emslie has said and abandon any plans they have to raise an appeal in the Inner House."

The ABI's Director of General Insurance and Heath, Nick Starling said: "We are pleased that the judgment recognises the fundamental right of insurers to challenge legislation made by the Scottish Parliament, although we are disappointed that the judge did not feel able to overturn the law passed by the Scottish Parliament.

"Insurers will now be considering carefully this judgment, and are seriously looking at the grounds for an appeal against it.

"This is not the end of the road."


Source: BBC News (08/01/10)


News: Nov/02/2009 Thousands of residents and worker exposed to asbestos-contaminated

ScienceDaily (Nov. 2, 2009) — Over nearly a century, thousands of residents and workers in Libby, MT, have been exposed to asbestos-contaminated vermiculite ore, leading to markedly higher rates of lung disease and autoimmune disorders, and causing to Libby in 2002 to be added to the federal Environmental Protection Agency's "National Priorities List."



Researchers at Mount Sinai School of Medicine, leading a team of investigators from four institutions, are now launching three investigations into disease pathology in the town and to determine recommended cleanup efforts.

The Principal Investigator of the project is Stephen Levin, MD, Associate Professor of Preventive Medicine at Mount Sinai School of Medicine and a nationally known expert in occupational medicine and asbestos-related diseases who has also served as PI of the nationwide World Trade Center Medical Monitoring & Treatment Program, coordinated by Mount Sinai since 2002.

"The asbestos-related disease in Libby is far more aggressive and rapidly progressive than what's seen in most asbestos-exposed workers, with high rates of cancers and severe effects on respiratory function," said Dr. Levin. "For that reason alone, the health problems in Libby are important to study and understand."

The first of the three programs will focus on particular risks of exposure to Libby asbestos during childhood, when lungs are still developing and maturing. This research may determine the level of environmental cleanup necessary in Libby to protect children, who are a particularly sensitive target population.

A second study will compare lung scarring among Libby residents who were exposed to asbestos only in their environment (and not at their place of employment) with lung scarring seen in workers with historically long-term, heavy exposure to common commercial forms of asbestos. Researchers hope to discover why Libby residents have advanced rates of lung scarring. They will also investigate the mechanism for asbestos-related scar formation and approaches to preventing scar formation after exposure has already occurred.

The third investigation will examine the relationships between autoimmune disorders, autoimmune antibody abnormalities, and CT-scan evidence of scarring lung disease in the context of exposure to Libby asbestos. Auto-immune disorders such as rheumatoid arthritis and lupus have been found to occur more frequently in Libby, and antibody levels to the body's own tissues are found in Libby residents more frequently and at higher concentrations.

Mount Sinai researchers will collaborate on the research effort, to be known as the Libby Epidemiology Research Program, with Libby's Center for Asbestos Related Disease (CARD), investigators from the University of Montana and Idaho State University, and a national scientific advisory group. The research will be supported by a grant of over $4.8 million from the Agency for Toxic Substances and Disease Registry (ATSDR) of the federal Center for Disease Control and Prevention.

The crisis in Libby, a mining town whose history has been shaped by vermiculite-producing corporations since the 1920s, is the result of community-wide occupational and environmental exposure to Libby's naturally occurring vermiculite, contaminated with asbestos and asbestos-like silicate fibers up to 26% by weight.

Health effects have been detected not just in mine and processing plant workers, area lumber mill workers and loggers (from asbestos dusting of forests) and their families, but also among other Libby residents and their children. Many were exposed through ambient air or to mine tailings and other contaminated materials provided to the town by mining companies for the construction of ball fields, school running tracks, playgrounds, public buildings and facilities, as well as for private gardens and house and business insulation.

There is evidence that even relatively low-level exposures to Libby asbestos can cause serious scarring lung diseases, which markedly impair respiratory function, as well as asbestos-related cancers like lung cancer and mesothelioma, which occur at higher rates among the Libby population than elsewhere in the United States.

The health crisis potentially extends far beyond the borders of Libby, since millions of homes and businesses in North America have used vermiculite from Libby as attic insulation, fireproofing and soil conditioner. The ore from Libby was shipped by rail to 49 plant locations throughout North America and the Caribbean for processing, exposing many more workers and communities to the hazardous dust.

CARD Director Brad Black, MD, said, "The pattern of asbestos disease caused by exposure to Libby amphibole asbestos has led to excessive morbidity and mortality for the Libby population, and has been exceedingly challenging for the medical community. The severity of nonmalignant pulmonary disease in non-occupational exposure has been very unusual, raising question as to the potency of the unique amphibole mixture. We look forward to working with Dr. Levin and Mount Sinai to find some of these answers."


The Mount Sinai Hospital / Mount Sinai School of Medicine (2009, November 2). Asbestos Contamination: Health Impacts Of One Of The Nation's Largest Environmental Disasters. ScienceDaily. Retrieved January 12, 2010, from http://www.sciencedaily.com­ /releases/2009/11/091102172255.htm

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