Increasing pressures on Insurers to fund research into asbestos related illnesses

Increasing pressures on Insurers to fund research into asbestos related illnesses

Posted on 29th April 2014

Respiratory Experts up and down the county are putting pressure on the Insurance Industry to fund research into the serious and fatal asbestos related diseases.

The British Lung Foundation believes that if Insurers invest more money into researching Mesothelioma, the amount of compensation they end up paying will ultimately reduce as Mesothelioma patients would be able to live more fulfilling and productive lives.

Dr John Moore-Gillian of the British Lung Foundation states “if, each year, Insurers invested in Mesothelioma research just a tiny fraction of the amount they will end up paying out in compensation – for example, just 0.05% of that £11b – it would absolutely transform Mesothelioma research.”

Approximately 2,000 people each year are diagnosed with Mesothelioma and it is possible that this number will increase over the next 30 years. According to the department of Work and Pensions, the estimated death toll is between 56,000 and 63,000.

Many families have to deal with the devastation of losing a loved one to Mesothelioma. It is more commonly caused by blue or brown asbestos rather than white asbestos and there can be a latency period of between 10 – 60 years from initial exposure before it develops. Mesothelioma can cause progressively worsening chest pain or pleural effusions which unfortunately, respond poorly to treatments.

The Mesothelioma Bill passed recently by parliament will enable more people with Mesothelioma or their families to apply for pay outs from a pot funded by the Insurance Industry over the next decade and a spokesman for the association of British Insurers has confirmed that the Insurance Industry is committed to helping people with Mesothelioma and their families to receive compensation as quickly as possible.

More and more patients however have to fight very hard in order to get justice and therefore, the battle continues.

Could Drinking Alcohol During Pregnancy be a Criminal Offence?

Posted on 4th April 2014

There is a very interesting legal case that has been in the headlines recently. It relates to whether harming an unborn child by drinking alcohol during pregnancy could be classed as a crime. It is an unusual legal challenge but if it succeeds, all those who drink alcohol whilst pregnant could be committing a crime.

A Council is planning to go to the Court of Appeal to obtain criminal injuries compensation for a 6 year old girl who was born with foetal alcohol spectrum disorder. This was as a result of her mother drinking alcohol whilst she was in the womb. In 2011 a Tribunal ruled that the girl had sustained a personal injury directly attributable to a crime of violence and so was eligible for a payout.

The mother drank grossly excessive quantities of alcohol during her pregnancy. The Criminal Injuries Compensation Authority challenged the Judgment but it was overturned. Judge Howard Levenson found there had been “administration of a poison or other destructive or noxious thing, so as thereby to inflict grievous bodily harm”. However, he did conclude that the girl was “not a person” in legal terms at the time because she was still a foetus.

If the Local Authority wins the Appeal it will set a profoundly dangerous legal precedent to the eyes of the CICA or justice in the eyes of the harmed child. It is therefore a very interesting case.

It is already a crime in the US for women to drink alcohol whilst pregnant. Women can be imprisoned for having babies with foetal alcohol syndrome. The figure used by the Department of Health is that 7000 babies are born annually somewhere on the spectrum of foetal alcohol disorder. If the Council succeeds there could be a significant number of claims.

We all await this important decision.