Government consults on how to support pleural plaques sufferers

The Government estimates the move could cost between £3.7 billion and £28.6 billion – the very wide range indicating high levels of uncertainty about how many claims could actually be brought.

Pleural plaques are small, localised areas of pleural thickening on the membrane covering the lungs, caused by the inhalation of asbestos fibres. They are harmless and, in almost all cases, show no symptoms.

But because they indicate some exposure to asbestos, they also indicate that there is a risk the individual might develop an asbestos-related condition in the future. Many of those diagnosed with pleural plaques become severely anxious that they will do so.

Until recently, such individuals were able to claim damages from negligent employers. Last October, though, the House of Lords found there was no legal basis for such claims.

The Law Lords ruled that it is a fundamental requirement of a negligence action that the negligence causes injury and the claimant suffers damage as a result.  According to current medical knowledge, plaques are harmless, therefore there is no injury. Without physical injury, the risk of contracting a future disease and the claimant's anxiety are also not actionable claims.

Launching the MoJ's consultation on ways to alleviate this decision last week, Justice Minister Bridget Prentice MP said: "We understand the concern and anxiety experienced by people who have been exposed to dangerous substances like asbestos, and who have been told they have pleural plaques. The Law Lords have made their decision on legal grounds but those with pleural plaques may still need support. We need to find the best way forward to provide that support".

One option would be to overturn the decision by legislation. That route was taken by the Scottish Executive, which introduced the Damages (Asbestos&https://www.out-law.com/https://www.out-law.com/#8209;Related Conditions) (Scotland) Bill in June.  

But the Government expressed misgivings about interfering with the Law Lords' decision.  "While we invite views on overturning the judgment," the paper states, "we are not currently minded to favour this approach, not least because of the implications for the fundamental integrity of the law of negligence".

Other possibilities include improving understanding of the condition, in particular providing support and reassurance to those diagnosed, and setting up a "no fault" scheme to provide financial support. The parameters of such a scheme – and whether the cost would fall on insurers or taxpayers – have been left open for discussion.

"The Government is committed to consulting on a way forward and welcomes views on how people who have been exposed to asbestos, and developed pleural plaques, might be helped," said Prentice. "Providing reassurance to people and offering financial support are among the suggestions we are asking for views on".

The Government has also commissioned independent reviews of medical evidence from the Industrial Injuries Advisory Council and the Chief Medical Officer to consider the extent to which people with pleural plaques go on to develop serious asbestos&https://www.out-law.com/https://www.out-law.com/#8209;related conditions.

Nick Starling, Director of General Insurance and Health at the Association of British Insurers said: "The way forward must be through education to reassure and allay the concerns of people with pleural plaques. The insurance industry wants to work with the Government to achieve this.  Legislation is not the answer. Pleural plaques are symptomless, do not impact on a person's health, and do not develop into asbestos&https://www.out-law.com/https://www.out-law.com/#8209;related diseases".

Responses to the consultation are required by 1st October 2008.