Who is at risk of mesothelioma and other asbestos-related diseases? You may be surprised

From our perspective, a “typical” claimant for an asbestos-related disease like mesothelioma is usually over 70 years old. They are typically white working-class men who were working on infrastructure and construction projects from the 1940s to the 1980s before protection in the form of rigorous regulation and bans on asbestos products were made.

These can be cases of when claimants have directly worked with asbestos like stripping asbestos lagging or even just working in the presence of asbestos where it has been disturbed in boiler houses, for example.

Theoretically, we would expect the number of these asbestos cases to fall off as the years have gone by. However, in reality, we may not have even reached the peak of potential claims.

This is partly because of an increase in diagnosis of younger claimants such as Helen Bone who was diagnosed with mesothelioma, the most common asbestos-related disease we can claim damages for, at the age of 38. Helen has worked tirelessly since her diagnosis to raise awareness of mesothelioma through her blog, interviews, and through public speaking. She had been a firm advocate of the need to eradicate asbestos from public buildings to ensure future generations are no longer affected by the illnesses it can cause.

In Helen’s case, she worked as a nurse for 25 years and believed she was exposed to asbestos whilst working in hospitals. Unfortunately, many older public sector buildings such as hospitals, schools, and many offices were built with asbestos materials.

Younger claimants like Helen may have been exposed to asbestos because over the years refurbishments are carried out in their places of work which will disturb the asbestos materials, or because their workplace is in a state of disrepair. This can sometimes cause microscopic asbestos fibres to be inhaled by anyone using the building.

Cases involving younger claimants can often be especially challenging for the patient and those treating them. Sometimes they were unaware of where and how they might have been exposed to asbestos.

The national charity Mesothelioma UK runs a support group for under 55 year old mesothelioma patients and carers and you can find their details here if you or someone you know you is affected.

Asbestos fibres can sit in the mesothelium for years or decades. The mesothelium is a thin membrane which lines the inner surface of the chest wall (known as the pleura), the abdomen (known as the peritoneum), and even the testicles. Most cases of mesothelioma are in the chest.

These fibres can sometimes evolve into tumours which thickens the pleura, creating pressure on and causing fluid to collect around the lungs. This pleural fluid compresses the lungs and people with mesothelioma often notice a cough or shortness of breath. This build-up of fluid is usually drained and sometimes several litres of fluid are removed.

Treatment for mesothelioma can include radiotherapy, chemotherapy, or more commonly now immunotherapy.

Those who go on to develop asbestos-related illnesses like mesothelioma are more likely to have been directly exposed to it as a result of working with it, installing (or increasingly removing) it.

However, there is no “safe” or “acceptable” amount of asbestos fibres that can be inhaled without risk. Even small amounts of exposure can sometimes lead to an asbestos-related disease developing, although this is unusual.

The use of asbestos was so widespread it is not possible for anyone to be certain they have never been exposed to it, particularly as it is still present in many public buildings like schools and hospitals which are often now in a state of disrepair.

Employers owe what is known as a “duty of care” to their employees. That duty encompasses an obligation not to negligently expose employees (and their family members) to dust, including asbestos dust. Occupiers of buildings are under a duty to manage asbestos safely.

To succeed, the claimant must show that the exposer has breached the duty of care and that because of this breach the claimant has developed an asbestos-related condition. In addition, the claimant must show that the exposure was sufficient to create a foreseeable risk of the claimant suffering from a respiratory disease.

What exposure is blameworthy changes over time and depends on the type of exposure. The general rule of thumb though is that for exposure pre-1965 substantial exposure is necessary. This is because the foreseeable risk at that time would have been lower considering general and scientific knowledge surrounding asbestos exposure, though it is often still possible to bring a claim.

In the case of a living mesothelioma case a claimant can claim for: a payment for PSLA (pain, suffering, and loss of amenity), any loss of income, care costs, and medical expenses.

In the case of a fatal case, the Executor of the Estate can also claim for loss of services on behalf of any dependants who survive the deceased claimant as well as a bereavement payment.

In the case of younger claimants, the loss of income and services can quickly add to a considerable amount, although of course no amount of compensation can adequately compensate anyone in this situation.

Perhaps the most potent reason for someone to make a claim is because it can allow access to bespoke medical treatment.

We at RWK Goodman LLP have many decades of experience in this field and we pride ourselves on considering the merits of every potential claim on a case-by-case basis. We have a particular expertise in out of time cases and claims where other law firms have failed and have successfully run several important cases to trial. We will advise on the options and the best course of action, and can usually offer to represent people under a Conditional Fee “no win, no fee” Agreement.