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October 2006
October 18th 2006
Asbestos: British trade unions fight for treatment and compensation
Many victims of the terminal disease mesothelioma, supported by the trade union movement, are having to fight for access to potentially life-prolonging treatment, currently denied because the few thousand pounds it would cost for each sufferer is not deemed “cost effective”.
An estimated 5,000 people in Britain die each year from conditions caused by breathing in asbestos fibres; the majority of them former workers who were exposed to the fire-resistant material in the course of their employment.
Sufferers from Mesothelioma, a terminal cancer caused by the effects of asbestos fibres, usually discover on diagnosis that they have less than two years left to live. Other asbestos-related conditions include asbestosis, lung cancer, and pleural plaques.
For many years the trade unions have been struggling for justice for those affected, many thousands of whom have died before financial compensation has been awarded.
In a lobby supported by the GMB trade union, asbestos disease sufferers and their families gathered at Parliament on 17th October to demand that the chemotherapy agent Altima, which in combination with other medication can extend the lives of some victims by between 23% and 40%, should be made available on the National Health Service.
In June 2006, the National Institute for Clinical Excellence (NICE), an ‘independent’ body set up by the government to determine which treatments can be provided, refused to allow Alimta (Pemetrexed Disodium) to be prescribed to NHS patients because of the cost of the drug. NICE is due to review its decision after an appeal hearing on 27 October.
John McClean, GMB national health and safety officer, said: “GMB fully supports this lobby. Mesothelioma sufferers have paid the price with their health and their lives because of the negligence of employers. If the only licensed treatment for mesothelioma is withdrawn, innocent victims will be sent away without hope.”
Ian McFall, Head of asbestos litigation at Thompsons Solicitors who have headed up the fight for free access to Alimta, said: “This is a chance for every MP in the UK to put their weight behind this campaign. During this lobby they will be able to see first hand how mesothelioma has changed the lives of many hard working people and they will learn how Alimta can help some of these people to have a better quality of life.”
NICE accepts that Alimta is clinically effective. Between one-third and one half of Mesothelioma sufferers are likely to be clinically suitable for treatment with Alimta. The average cost of the drug per patient would be approximately £6,400.
Compensation for pleural plaques sufferers
Although the deadly effects of exposure to asbestos were known to employers and the government since the 1930s and before, the material continued to be used with minimal or no protection for workers, in heavy manufacturing industries, mining, power generation, construction and demolition, until the 1980s. Family members of workers who came into contact with asbestos are also at risk, as are teachers and other staff employed in buildings in which the material was used. The very long latency periods of asbestos-related diseases – which can remain dormant for 50 years or more – means that their incidence is still rising. 10,000 asbestos-related fatalities are predicted for 2010.
Pleural plaques, a disease diagnosed in many who have worked with asbestos, is not fatal. But the condition is recognised by medical experts as a sign of irreversible damage to the lining of the lung caused by a history of exposure to asbestos, which carries an increased risk of malignant diseases such as mesothelioma.
The trade union Amicus announced on 16th October that it will appeal to the House of Lords to reinstate compensation for sufferers of pleural plaques.
The Court of Appeal overturned a previous decision by the High Court last year, where it was decided claimants with pleural plaques should continue to receive compensation.
The decision, unless overturned, means the end to an established right to compensation, which existed for 20 years, for pleural plaques, which are in almost every case caused by workers being exposed to asbestos due to negligence of their employers.
Pleural plaques seldom causes immediate symptoms but are associated with an increased risk of developing fatal conditions like mesothelioma or asbestosis.
In the past claimants could receive compensation worth up to £15,000.
If the decision is upheld by the Law Lords, it will result in a substantial windfall saving for insurance firms who have brought the test case in an attempt to end compensation for pleural plaques.
Derek Simpson, General Secretary of Amicus, which has supported claims throughout the test case for workers who were negligently exposed to asbestos during their employment, said:
“The Court of Appeal's judgement harms many of our members who have been exposed to asbestos in their working lives by denying them the right to sue their former employers for developing pleural plaques.
“People with pleural plaques should be compensated for the genuine injury that asbestos exposure has caused. That is why Amicus has pledged to take the lead to continue fighting on behalf of our members and all pleural plaques sufferers to get this cruel decision reversed.”