Breakthrough in lung cancer asbestos claims

It is widely known that mesothelioma can be caused by asbestos exposure.   However, it is less well known that there is a link between exposure to asbestos and lung cancer reports Michael Osborne, senior solicitor with Moore Blatch Resolve LLP.

There are welfare benefits and a lump sum payment which may be available to a victim of lung cancer who has been exposed to asbestos even if he/she has been a smoker.  There is more information about this in our booklet, “Lung Cancer and Asbestos: a Guide to Compensation”.  (Please feel free to contact us if you would like a copy of the leaflet.)  

In addition, a solicitor may be able to make a civil claim for compensation (or damages).  Almost always, the claim would be made against the victim’s employer.  A claim will only have a reasonable chance of succeeding if the victim has been heavily exposed to asbestos for a prolonged period (which is unlikely to be less than a year, except in cases of exposure to extremely high levels of asbestos).  

Since the 1980s, judges have found in favour of claimants, regardless of whether they have been smokers, if, as well as having lung cancer, they have asbestosis.   

In 2008, the scope of the law in lung cancer cases caused by exposure to asbestos was extended in the case of Shortell v Bical Construction Limited.  Mr Shortell had been a jointer fixing sections of large cables in power stations and was exposed to asbestos mainly through working near laggers who used asbestos materials.  He developed lung cancer but did not have asbestosis. He had also been a reasonably heavy smoker.  
 
The judge found that the level of Mr Shortell’s exposure to asbestos was high enough that it satisfied the burden of proof which applies to civil claims.  He decided, in other words, that on the balance of probabilities, the risk that Mr Shortell would develop lung cancer was due to his exposure to asbestos dust.   His employer was found liable to pay damages.  The judge then made a deduction of 15% of the damages because he considered that Mr Shortell was guilty of “contributory negligence” due to his history of smoking.

In the light of the judgment in Shortell we would strongly advise someone with lung cancer who has been exposed to quite high level of asbestos dust to contact a solicitor who specialises in asbestos disease cases.  It may be possible to make a claim.  At Moore Blatch, we are happy to offer a preliminary interview, in which we will discuss the welfare benefits and payments which may be available, as well as the prospects of a damages claim succeeding.  This meeting is free of charge, with no obligation to proceed.  

For more information, please contact Michael Osborne on 020 8332 8636  [Richmond] or 023 8071 8092 [Southampton] or email michael.osborne@mooreblatch.com