£70m Package to help Asbestos Victims

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By Emily Dugan

The Government is set to present a £70m package of help for asbestos victims to trade unions this week. The proposals include setting up a research centre into asbestos-linked diseases; insisting insurers fund compensation for dying victims unable to rely on their employers’ insurance; and more money for sufferers of the deadly asbestos cancer mesothelioma.

The fund and research centre were welcomed last night, but opponents were quick to criticise the Government’s decision not to overturn a 2007 law lords’ ruling which left sufferers of a condition known as pleural plaques ineligible for compensation. The condition is often a sign of the onset of deadly asbestos diseases.

The proposals were outlined in a private meeting between Gordon Brown, the Justice Secretary, Jack Straw, and concerned MPs last week. Sources confirmed that if accepted by the unions, the plans would be rapidly adopted. But the construction union UCATT called the proposals “morally indefensible”.

The establishment of an Employers Liability Insurance Bureau to maintain a “fund of last resort” for victims of asbestos exposure who cannot trace their employers’ insurers is the most significant victory, as it will be mainly paid for by the insurance industry.

Tony Whitston, of the Asbestos Support Groups’ Forum, said: “Lots of this is really good: establishing a fund of last resort will make a huge difference to people who are dying. And a research centre is also something we’ve been calling for for some time.”

The decision not to overturn the law lords’ pleural plaque ruling is certain to provoke resentment, especially since it has already been reversed

MKMRF Patron,Dave Anderson MP pledges to continue pleural plaques fight

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27th January 2010

Dave Anderson has stood defiantly with campaigners for compensation for victims of pleural plaques. Today he outlines his determination to continue the fight.

“ I AM passionate about this issue. I hail from a mining and industrial area and know well the damage pleural plaques has done to so many innocent people. Their lives have been damaged or destroyed by their employers’ criminal actions. I was disgusted when the Law Lords overturned many years of the process of claiming compensation.

It wasn’t causing problems. It proved a day of celebration for the real culprits, the responsibility-shirking employers and for their insurers who boasted that they would save £1.4bn. That is why I have stood shoulder to shoulder with those campaigning for justice. With Jarrow MP Stephen Hepburn, the trade unions, Thompsons solicitors, and the Chronicle, we have demanded pay-outs be made available to all sufferers of the condition. I am sure campaigners will not let up in their efforts.

 I can assure them, nor will I. The case for reinstating compensation is very clear and has been ably amplified by the Chronicle’s sterling campaign. We have raised the issue on very many occasions in Parliament and in direct meetings with the Justice Secretary Jack Straw and Prime Minister Gordon Brown. Sadly, despite all of our efforts, the Government has continued to rely on the medical evidence that suggests Pleural Plaques is ‘asymptomatic’ and that it only infrequently develops into something more serious.

 We have challenged this, but their view is based on the material that the Law Lords took into consideration. I feel we have done enough to cast doubt on the medical opinion with the Government. I am more than happy to co-sponsor a private members Bill which will reverse the position to that which applied prior to the Law Lords ruling.

The real problem is the cost of compensation. Varying figures from the Government put it at between £26m and £41m. Unions suggest it would be around £35m. All these are annual figures spread over 15 years”.

Anger as PM Cancels Meeting

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Saturday 16th January 2010

Frustration is mounting in the fight to win justice for victims of pleural paques after Gordon Brown called off another meeting.

Campaigners have joined forces with MPs and unions to demand justice for sufferers of pleural plaques, after their right to compensation was overturned by a Law Lords ruling in 2007.

Despite Gordon Brown and his ministers promising to help,nothing has been done with the Prime Miniater calling of another meeting with MPs. And Justice Secretary has recently admited that money is a big concern for the Government.

Whitehall departments are worried about being landed with a compensation bill, while Business Minister, Pat McFadden has now confirmed that there have been no recent discussions about the issue.

He made the admission when challenged by MPs, Mick Clapham and MMKMRF Patron Dave Anderson who said there was widespread support to help victims and money should be made available because of the Government’s moral responsibility to assist sufferers.

Judge Turns Down Challenge to Asbestos Conditions Law

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8th January 2010
A judge has turned down a challenge made by insurance companies on the validity of a law that allows individuals to claim damages for asbestos-related conditions such as pleural plaques, even when the conditions are not displaying symptoms or causing disability.

The Scottish Parliament passed the Damages (Asbestos-related Conditions) (Scotland) Act 2009 – which came into force on June 17 last year- because they believed that it would be wrong to regard these conditions as trivial, and a primary purpose of the Act is to ensure that a recent decision of the House of Lords to the opposite effect should not apply in Scotland.
However, the insurance companies said that the Act violated the European Convention on Human Rights in two areas and was irrational at common law, saying that it would benefit people who have actually suffered no harm, and result in the insurers having to pay hundreds of millions, possibly  billions, of pounds due to the retrospective changes to insurance contracts.

Prior to the House of Lords ruling, British insurance companies had regularly conceded liability to pay damages for asymptomatic pleural plaques and similar asbestos-related conditions. Many claims were settled on that basis from about 1984 onwards, with awards being made by courts in England and Scotland, and it was only a sharp rise in the number and value of such claims in the early 2000s that provoked the House of Lords test cases.
The House of Lords said that damages cannot normally be claimed for medical conditions which do not display symptoms and are non-disabling. Damages cannot normally be claimed for worry or anxiety, or for the risk of future harm, or even for a combination of these.

However, a decision would have to be made on whether the claimant’s condition is bad enough to cross the threshold for a valid claim, and in borderline cases this may be difficult to determine.  Significantly, more than one of those involved in making the House of Lords decision expressed regret that claimants would be left without a remedy. The Act took a more positive view, in line with previous practice before the House of Lords ruling.

The asbestos-related condition of pleural plaques was one such condition that the Act was intended to cover. Although it has no discernible effect on an individual’s health, pleural plaques are an abnormal change in the layers of tissue between the lungs and the inside of the rib cage, They are dense, irregularly-shaped, collagenous masses which can be more than 10cm across and up to 1cm thick and can fuse together into large sheets and solidify over time.
Those diagnosed with pleural plaques are liable to become alarmed and anxious for the future. Being diagnosed confirms that they have had significant asbestos exposure in the past, something that they may not have previously been aware of.  
It underlines that they are at a much higher risk of contracting lung cancer, mesothelioma or asbestosis and it may bring to mind the suffering and perhaps death of friends, colleagues and relatives from these serious asbestos-related diseases.

The challenge to the new Act was opposed by both Scottish Ministers and representatives of claimants. In his 151-page judgement, Lord Emslie decided certain issues in the favour of the insurers, but rejected the challenge in its three main arguments. While expressing some sympathy for their position, he dismissed the application on a number of grounds
He said that the  petitioners – as insurers – are not actually parties to any affected court proceedings and that the Act does not relevantly interfere with pending actions anyway and that the new legislation can in any event be justified on what the European Court of Human Rights at Strasbourg terms “compelling grounds of the general interest”.

Pleural plaques compensation 6th January 2010

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6 Jan 2010
Pleural plaques compensation
Mr. Dave Anderson (Blaydon): It is now 27 months since people suffering from pleural plaques were denied compensation by the House of Lords. Can I ask the Prime Minister what work is being done across the whole of Government to redress this, and when we can expect some progress?
The Prime Minister: As my hon. Friend knows, a meeting of legal advisers took place in the past few weeks. I am meeting a group of MPs – I think he is part of it – in the next week. I hope to get a resolution to what is a very dreadful disease – asbestosis – and what we can do about it, and also to deal with the problem that arises from pleural plaques.
House of Commons
MKMRF Patron, Dave Anderson M.P. for Blaydon asked the Prime Minister when we can expect some progress” It is now 27 months since people sufferring from pleural plaque were denied compensation by the House of Lords. Can I ask the Prime Minister what work is being done across the whole Governement to redress this, and when we can expect some progress?”
The Prime Minister“As my Honourable friend knows, a meeting of legal advisers too place in the past few weeks. I am meeting a group of MPs- I think you are part of it- in the next few weeks. I hope to get a resolution to what is a dreadful disease – asbestosis- and what we can do about it, and also to deal with the problems that arises from pleural plaques.

Better Test for Asbestos Cancer 24th August 2009

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            Asbestos exposure is linked to most cases of mesothelioma
      Scientists claim they have developed a more sensitive test for the
asbestos-related cancer mesothelioma.

      The cancer develops long after exposure to asbestos but patients
usually have a limited life expectancy.

      The test developed by a team at Oxford University looks at levels of a
protein closely linked to the cancer in fluid around the lungs.

      A UK lung expert welcomed the American Journal of Respiratory and
Critical Care Medicine study.
            A simple test which can exclude the diagnosis without resort to
more invasive methods would be welcomed

            Dr Paul Beckett, British Thoracic Society
      Mesothelioma is an invariably fatal tumour found in the surface of the
lung. While relatively rare, it is very difficult to treat because of its
location and because it does not seem to respond well to chemotherapy.

      The disease has been found in people with no history of exposure to
asbestos, but inhaling the dust released by the mineral when it is broken up
is known to be a key risk factor.

      It has particularly affected tradesmen such as joiners, plumbers and
electricians.

      Because it can take many decades for the disease to develop, experts
expect the number of cases in the UK to peak at around 2,200 by 2013.

      Laws preventing occupational exposure to asbestos are in place in the
developed world. There are no such restrictions in developing countries,
however.

      High levels

      The researchers focused on ways of distinguishing mesothelioma as a
cause of pleural effusion, the build-up of fluid in the pleural cavity
surrounding the lungs.

      There are many causes of this symptom, many of which are benign or
linked to other types of cancer but over 90% of people with mesothelioma
have the symptom.

      At the moment, doctors carry out pleural fluid cytology – a lab test
which looks for cancerous cells.

      However the Oxford team say this is not a very sensitive test.

      Team members used pleural fluid samples from over 200 patients who had
been referred to a specialist respiratory clinic.

      They then looked at levels of the protein meothelin – which is
released in high quantities in the pleural fluid of most patients with
mesothelioma.

      It was found that levels of the protein were almost six times higher
in patients with the cancer than in those with secondary lung cancers, and
10 times greater than those with benign conditions.

      Rapid diagnosis

      Dr Helen Davies, who worked on the research, said: “This study
suggests a way for clinicians to more readily identify cases of mesothelioma
from the start.”

      She added: “Because mesothelioma has a median survival time of 12
months, minimising the number of invasive procedures and tests patients
require is crucial to reduce morbidity and the time they need to spend in
hospital.

Breathtaking Cycle Challenge

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Anti-asbestos campaigners have embarked on a gruelling 1200 mile bike journey to raise awareness about mesotheliomia.They will cycle upto 100 miles every day.

Jason Addy, of Save Spodden Valley, will join two local solicitors, Paul Glanville and Katrina London, on the extensive journey from Glasgow to Southampton, criss-crossing across the country and stopping at several locations on the way.

The Prime Minister has expressed his support for the voyage, which began on 20 June and will continue through to 4 July.

“There are many breath-taking facts about asbestos – the cause of diseases that remain Britain’s biggest workplace killer.

“We are calling for a National Centre for Asbestos Related Disease (NCARD).”

Breathtaking Cycle Team arriving on Gateshead Millennium Bridge

Breathtaking Cycle Team arriving on Gateshead Millennium Bridge

The Deputy Mayor of Gateshead Cllr. Pauline Dillon welcomes the team to the North East

Katrina proudly "models" the ANGEL OF THE NORTH tie she'd been presented with by Cllr. Joe Mitchison

Katrina proudly "models" the ANGEL OF THE NORTH tie she'd been presented with by Cllr. Joe Mitchison

The team reach Albert Square in Manchester on Friday 26th June and were greeted by dozens of families bereaved by mesothelioma.

Ronald Walsh from Stockport, who is 77 and suffers from mesothelioma, and who was a keen cyclist will be there to meet them with his wife, Margaret, says:“I think it is fantastic that these courageous young people are willing to cycle 1200 miles in just 12 days to raise awareness about mesothelioma and to call for better treatment for so many people like me who are facing the dreadful consequences of exposure to asbestos. I look forward to meeting them and congratulating them on their tremendous work.”

Tony Whitston, Greater Manchester Asbestos Victims Support Group, says:
“Eighty Nine (89) people were diagnosedwith mesothelioma in Greater Manchester in 2008 and we have already seen 42 newly diagnosed mesothelioma patients this year. Hundreds of Greater Manchester families affected by mesothelioma will be supporting the cyclists.” 
Katrina London, says:
“It will be tough going as we will be cycling up to 100 miles a day, but it is for a very important cause and promises to be a breathtaking journey to raise awareness of the legacy caused by asbestos.”

“It is a staggering fact that asbestos-related cancers remain one of Britain’s biggest workplace killers in 2009, yet there is practically no dedicated research funding into these cancers.”

“The main aim is to show the terrible impact asbestos has upon the victims of mesothelioma, to raise funds for research into asbestos-related cancers and show our support for the campaign to set up a national centre for asbestos-related diseases.”

The Birmingam Leg began on 1st July at the site of the old Canadian Consulate in Colmore Row  They were joined by local people bereaved by these diseases and construction union members who gathered to wave them off and to demand an end to the international trade in asbestos.

The Team arrive in Birmingham

The Team arrive in Birmingham

They chose to begin at the ex- Canadian Consulate because the today is Canada’s national day and they want it to end its part in the asbestos trade, a trade which leads to over 100,000 thousand deaths each year worldwide.

They point out that the Canadian Government must know about the danger because, despite being one of the biggest exporters of asbestos in the world, the use of this material is effectively banned within its own borders.

The effects of this trade are everywhere. Here in the West Midlands, despite asbestos being banned in the UK since 2000, people continue to die because they were exposed to asbestos. It remains the biggest single work related cause of death and more people die because of it than die on the roads each year.

Amongst those most at risk are construction workers, which is why their union helped to organise the protest. Neil Vernon, from UCATT, said that “on Canada’s national day- the Government listens to the growing number of people in their own country and throughout the world calling for an end to this evil trade. Too many of my members have died, and thousands more face this danger every day. When people think of Canada they think of clean air and mountain scenery; its time to live up to that image and end this deadly trade.”

Doug Jewell from local support group Asbestos Support West Midlands is also hoping for an end to the trade. “The misery that asbestos causes has been called a silent epidemic; well things like this epic bike ride show that people are no longer staying silent. It’s an outrage that the international trade continues and it’s an outrage that the victims of asbestos in this country still have to fight for justice. That’s why we also support the cyclists call for a National Centre for Asbestos Related Diseases. Such a Centre truly would offer the hope of a better future for sufferers and their families”.

Katrina London, one of the cyclists and a solicitor who specialises in asbestos cases for Irwin Mitchell’s, said about their epic ride; “it’s tough going, cycling up to 100 miles a day, but it is a very important cause. Ours is proving to be a breathtaking journey to raise awareness of the legacy caused by asbestos” she said.
A website has just been set up for more information: www.breathtaking-journey.com

BRITISH LUNG FOUNDATION / MICK KNIGHTON MESOTHELIOMA RESEARCH FUND AWARD 2009

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The MKMRF are delighted to announce the recipient of this years £100,00 Award  is  Dr SamJanes, Senior Lecturer and Honorary Consultant at University College London.

Research Study:

Treating Malignant Mesothelioma with Stem Cells

Despite major advances in several cancers over the past thirty years mesothelioma is still incurable and all those affected will die of the disease.

Dr Janes has recently demonstrated that Mesenchymal Stem Cells (MSC) usually found in bone marrow preferentially travel to and integrate into tumours where they form some of the infrastructure called stoma. He has shown in a mestastic lung cancer that these cells can deliver a therapy to the tumour cells that result in the death of tumour cells but not the normal surrounding tissue cells.

He now  wants to deliver this therapy to Mesothelioma. Using this system in another tumour initial experiments to control the growth of tumours has  in almost 40% of cases eliminate them. If successful this may introduce a new era of treatments for Mesothelioma patients.

Mesothelioma is particularly suitable to this type of therapy because the cells can be delivered by a tube directly into the chest avoiding problems encountered in trying to target other cancer cells around the body.

Asbestos Victims Demand Payout from Insurance Industry

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June 10th 2009

Campaigners

Campaigners

Insurance fat cats were yesterday urged to donate a “£14 million windfall” from asbestos compensation payouts on badly-needed research into asbestos-related diseases.

For the past decade, insurers have saved vast sums on payouts where asbestos victims had already got compensation from the Government.

Last October, the Government changed the rules and began reclaiming these lump-sum payouts back from insurers when victims go on to make successful claims.

But the insurance industry was allowed to keep the money it had already saved – estimated by legal experts to be around £14 million over ten years.

Protestors outside the Association of British Insurers yesterday called on the insurance industry to use some of that money to try to find a cure for – or at least alleviate the suffering of – future victims of the asbestos timebomb.

Tony Whitston, of the Asbestos Victims Support Group Forum, said: “It’s like the MPs and their expenses.”It was within the rules but it was wrong. The insurance industry saved millions of pounds in compensation that was instead paid by taxpayers.”They should do the decent thing and donate this money to researching ways to help future victims of the asbestos timebomb.”

Deaths caused by asbestos are still increasing, are set to hit 6,000 a year and are not expected to decline until 2030.A new National Centre for Asbestos-Related Disease is one of the five demands of the Daily Mirror’s Asbestos Timebomb campaign.

Insurers have not responded to our call for them to help pay for the £10 million centre.But a spokesman for the Association of British Insurers said that the industry didn’t make a windfall as it took into account Government payouts “when setting its premiums”.

That seems unlikely, given that the Government compensation scheme began in 1979, after most of today’s asbestos victims were already exposed, and not long before the most dangerous types of asbestos were banned in 1985.

Most of the asbestos liability insurance claims are on policies dating back to the 1960s and 1970s, when the deadly material was widely used.Despite the credit crunch, the insurance industry is in good health.

Four insurance giants recently announced a court fight to overturn the Scottish Parliament’s decision to re-instate compensation for sufferers of asbestos-linked pleural plaques.

These four firms – which together make up more than half the employee liability insurance market – have reported strong accounts over the last 12 months:

* Aviva – formerly known as Norwich Union – recently announced operating profits of £2.3 billion, up 4% last year, and will this year give £875 million in dividends to shareholders.

* AXA made £1.2 billion profits last year and gave £835 million in dividends to shareholders.

* Royal Sun Alliance made pre-tax profits of £759 million last year and handed shareholders £250 million in dividends.

* Zurich made £3.5 billion profits in 2008, earning £913 million to shareholders.

Nick Sommerlad

http://blogs.mirror.co

TRAVEL AGENT SUPPORTS MKMRF

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TRAVEL LINK

TRAVEL LINK

TRAVEL LINK  will donate a percentage of any holiday or break booked with them towards the Mick Knighton Mesothelioma Research Fund.

Contact them at:

OLD ELDON SQUARE, NEWCASTLE UPON TYNE NE1 7JG

Telephone: 0191 232 2200 or 07709 793 136

Email:andrea@weddingmoons.co.uk

                              Thank you for your support.